Maximum Number of Tenders in Procurement Law 2026

The maximum number of tenders limits, in the restricted procedure and negotiated procedure, the number of undertakings invited to submit tenders.

Definition: The maximum number of tenders refers, in the restricted procedure and the negotiated procedure, to the maximum number of undertakings that the contracting authority allows to be invited to submit tenders following the selection stage.

Last updated: January 2026 · Legal basis: Art. 65 Directive 2014/24/EU; § 51 VgV; § 52 BVergG 2018

What is the maximum number of tenders?

The maximum number of tenders is an instrument for steering competition in two-stage procurement procedures: the contracting authority determines how many candidates progress to the tender phase after the selection stage. In open procedures there is no maximum number – all interested undertakings may submit a tender. In the restricted procedure and the negotiated procedure, by contrast, the contracting authority invites only a limited number of suitable candidates to submit tenders.

Statutory requirements

Procurement law sets minimum and maximum numbers for the undertakings to be invited:

Restricted procedure (§ 51 VgV / § 52 BVergG 2018)

Minimum number: 5 candidates
Maximum number: freely selectable, but must ensure sufficient competition

Negotiated procedure with prior publication

Minimum number: 3 candidates
Maximum number: freely selectable, must be stated in the contract notice

Competitive dialogue

Minimum number: 3 candidates
Maximum number: to be stated in the contract notice

Duty of disclosure

The maximum number of undertakings to be invited must be stated in the contract notice so that candidates can assess their chances. If more than the minimum number of suitable candidates are identified, the contracting authority must decide which candidates are invited on the basis of the pre-announced selection criteria and their weighting.

Selection criteria where the maximum number is exceeded

If the number of suitable candidates exceeds the maximum number, the contracting authority must decide on the basis of pre-defined, non-discriminatory selection criteria. Such criteria can be: the quality of reference projects, turnover in the relevant area, or special technical capacities. The selection criteria must be distinguished from the suitability criteria and must be stated in the contract notice.

FAQ

What happens if fewer candidates than the minimum number are suitable? The contracting authority can continue the procedure with the smaller number of suitable candidates, provided competition is still ensured. Alternatively, the procedure can be cancelled.

May the contracting authority subsequently increase the maximum number? No. The maximum number is set in the contract notice and is binding. A subsequent increase would breach the principle of equal treatment.

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