Multiple Participation in Procurement Law 2026

Definition: Multiple participation exists where the same company appears in a tender procedure in more than one capacity – for example, simultaneously as a sole bidder and as a member of a bidding consortium, or as a subcontractor to several competing bidders – such that competition and equal treatment may be jeopardised.

Last updated: January 2026 · Legal basis: § 124 GWB, § 141 BVergG 2018, Art. 57 Directive 2014/24/EU

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What is multiple participation in procurement law?

Multiple participation is a sensitive issue under procurement law: when the same company appears simultaneously in different roles in a tender procedure, potential conflicts of interest and distortions of competition arise that the contracting authority must identify and assess. Multiple participation is not in itself inadmissible, but requires careful examination by the contracting authority to determine whether fair competition is preserved.

Typical constellations of multiple participation

Multiple participation occurs in practice in various forms.

1. Sole bidder and member of a bidding consortium

A company submits a bid as a sole bidder and is simultaneously a member of a competing bidding consortium. This constellation is generally problematic, because the company has knowledge of both bids and could strategically favour one of the parties.

2. Subcontractor to several bidders

A subcontractor provides multiple competing bidders with the basis for their calculations. If the same subcontractor is used for essential parts of the bid by several bidders, this can lead to de facto coordination of bids.

3. Group-affiliated companies

Several companies from the same corporate group submit separate bids. This is in principle permissible if the bids were prepared independently of each other and without any exchange of information.

Treatment under procurement law

Multiple participation does not automatically lead to exclusion; the contracting authority must conduct a case-by-case examination.

Assessment steps:

1. Identification of the multiple participation (e.g. by requiring bidder declarations)
2. Evaluation of whether there is an inadmissible information advantage or conflict of interest
3. Granting the right to be heard: the bidder concerned must be consulted
4. Decision on exclusion or continuation of the procedure with appropriate measures

In Germany, § 6 VgV (avoidance of conflicts of interest) governs the contracting authority's duties; in Austria, § 21 BVergG 2018 is the relevant provision.

Distinction: cartel-law dimension

In addition to procurement-law consequences, multiple participation can also be relevant under cartel law if it is based on a prohibited agreement between bidders.

Concerted bids (so-called bid-rigging agreements) are prohibited under Art. 101 TFEU and § 1 GWB, and can lead to significant fines as well as exclusion from the tender procedure.

FAQ

Must bidders actively disclose multiple participation? Contracting authorities can and should expressly require in the tender documents that bidders disclose all forms of multiple participation (as a sole bidder, in bidding consortia, and as a subcontractor). A spontaneous statutory duty does not exist in every constellation, but the general duty of cooperation in the tender procedure favours active disclosure.

Can the contracting authority prohibit multiple participation in general? A blanket prohibition is not admissible under procurement law, as it would restrict competition. However, contracting authorities can require multiple participation to be disclosed and may carry out case-by-case exclusions.

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