List of Participants in Procurement Law 2026 – Confidentiality and Documentation

Definition: The list of participants is the public contracting authority's internal register that records all bidders or applicants involved in the procurement procedure together with the documents they have submitted and serves as a central element of documentation.

Last updated: January 2026 · Legal status: § 8 VgV, § 20 VOB/A, § 163 GWB, § 47 BVergG 2018

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What is the list of participants?

The list of participants serves the complete documentation of all parties involved in the procurement procedure and is a central element of the procurement file. It is kept by the public contracting authority and generally contains the names (or designations) of all applicants or bidders, the time of application or bid submission and, where applicable, further procedurally relevant information.

The list of participants is not to be confused with public company registers or pre-qualification registers; it is an internal administrative document for the respective procurement procedure.

Documentation function

Properly keeping the list of participants is part of the procurement-law documentation obligation that the contracting authority must fulfil for every procurement procedure. The documentation must be so complete that decisions in the procurement procedure can be traced and reviewed in review proceedings. This applies in particular to establishing which bidders submitted bids in due form and on time.

Confidentiality

The content of the list of participants is in principle confidential during the ongoing procurement procedure. No bidder may learn before the contract award which other companies have submitted bids, as this could influence the negotiating position and distort competition. Only after the conclusion of the procedure (award or cancellation) can information from the list of participants be disclosed in the context of review proceedings.

File inspection and legal protection

In the context of review proceedings, the procurement review body may grant file inspection of the procurement file, which also includes the list of participants. However, inspection is limited to procedurally relevant information; trade and business secrets of other bidders must be redacted.

FAQ

Are bidders entitled to inspect the list of participants? In principle, no, during the ongoing procedure. After the conclusion of the procedure, limited inspection may be granted in the context of review proceedings.

Must the list of participants contain all bidders, even if their bid has been excluded? Yes. Excluded bidders are also entered in the list of participants; the exclusion and its reasoning are documented in the procurement file.

How long must the procurement file with the list of participants be retained? Retention periods vary under national law; generally, periods of at least three to ten years after contract conclusion apply.

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