Invitation to Tender in Public Procurement Law 2026

Invitation to tender: legal basis, content and significance of the invitation letter in the restricted procedure and the negotiated procedure.

Definition: The invitation to tender is the formal letter by which the public contracting authority, in a restricted procedure, negotiated procedure or competitive dialogue, invites selected candidates to submit a binding tender.

Last updated: January 2026 · Legal status: Art. 54 Directive 2014/24/EU, §§ 51, 65 VgV, § 40 UVgO, §§ 115, 118 BVergG 2018

What is the invitation to tender?

The invitation to tender (also: invitation letter) is the central link between the call for participation and the tender phase in multi-stage procurement procedures. In an open procedure, its place is taken by the public contract notice together with the procurement documents. In a restricted procedure and a negotiated procedure, however, the contracting authority first selects suitable candidates and then invites them individually to submit a tender.

The invitation is a deadline-triggering document: with its dispatch, the bid submission period begins to run.

Required Content

The invitation to tender must contain all information that the bidder needs to prepare a proper tender. According to Art. 54 Directive 2014/24/EU, it must at least include:

Reference to the published contract notice
Reference to the enclosed procurement documents
Bid submission deadline and submission arrangements (place, form, language)
Language(s) in which the tender must be submitted
Award criteria and their weighting (where not already contained in the contract notice)
Minimum requirements for variant bids (if permitted)
Notice of any negotiation phases

Difference between Open and Restricted Procedure

In the open procedure, the invitation is issued by the public contract notice to all interested companies; in the restricted procedure, it is issued individually to the previously selected candidates. In the restricted procedure, at least five candidates must be invited (Art. 65(2) Directive 2014/24/EU), provided that sufficient suitable candidates are available.

Formal Requirements

The invitation to tender must in principle be transmitted in text form (electronically). For EU-wide procedures, electronic communication is mandatory (Art. 22 Directive 2014/24/EU). The exact time of dispatch must be documented, as it marks the start of the period.

Equal Treatment Requirement

All invited bidders must receive the same information. If supplementary information is given to one bidder, it must be communicated without delay to all other invited bidders (§ 51(4) VgV / § 115(5) BVergG 2018).

FAQ

Can the invitation to tender still be amended after dispatch? Yes, by way of a correction or supplement, which must be communicated to all invited bidders simultaneously. The bid submission deadline may need to be extended.

What happens if an invited candidate does not submit a tender? The candidate is generally not obliged to submit a tender. If no tender is submitted, the candidate drops out of the procedure without consequences.

How many candidates must be invited in the restricted procedure? At least five, provided sufficient suitable candidates are available. The contracting authority may set a higher minimum and maximum number.

Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.