Open Public Tender in Public Procurement Law

The open public tender is an award procedure with an unrestricted pool of bidders for national and EU-wide contract awards.

Definition: The open public tender ("öffentliche Ausschreibung") is an award procedure in which the contracting authority publishes the tender documents publicly and invites all interested companies, without restriction of the bidder pool, to submit a bid.

Last updated: January 2026 · Legal basis: § 45 BVergG 2018, § 9 UVgO, § 3 para. 1 VOB/A, Directive 2014/24/EU

What is an open public tender?

The open public tender is the standard procedure type in procurement law: it is open to all interested companies and ensures the most intense competition through maximum transparency and an unrestricted pool of bidders. In Austrian and German procurement law, the "öffentliche Ausschreibung" refers to the open procedure in the national scope – i.e. below the EU thresholds – or the open procedure in the above-threshold area pursuant to Directive 2014/24/EU.

The open public tender is characterised by the fact that the contract notice is made publicly accessible (e.g. on a procurement platform, in the official gazette or in a daily newspaper) and any company that meets the suitability requirements may submit a bid. A prior selection or restriction of the bidder pool does not take place.

Significance and function

The open public tender most fully realises the procurement-law principles of transparency, equal treatment and non-discrimination. Through unrestricted access, competition and equal opportunities are ensured for all market participants.

National vs. EU-wide open public tender

Depending on the contract value, different requirements apply:

Below the EU thresholds (national): In Austria, the "öffentliche Ausschreibung" pursuant to § 45 BVergG 2018 is the standard procedure in the below-threshold area. In Germany, § 9 UVgO (supplies and services) and § 3 para. 1 VOB/A (works) regulate the open public tender as the standard procedure.
Above the EU thresholds (EU-wide): The open procedure pursuant to Directive 2014/24/EU corresponds to the open public tender. The notice must be published in the Supplement to the Official Journal of the EU (TED – Tenders Electronic Daily).

Distinction from the restricted tender

The restricted tender differs from the open public tender in that the contracting authority only invites selected companies to submit a bid. The bidder pool is restricted; a public notice is generally omitted. The restricted tender is only permissible in exceptional cases provided for by law and is subject to stricter justification requirements.

Course of the procedure

The typical course of an open public tender includes:

Publication of the tender (publicly accessible)
Provision of the tender documents
Bid deadline (period for submitting bids)
Submission (opening of bids)
Bid examination and evaluation
Award decision and standstill period
Award of contract

Legal basis

The open public tender is regulated both at European and national level.

EU: Directive 2014/24/EU (open procedure, Art. 27); notice in the EU Official Journal (TED)
Austria: § 45 BVergG 2018 (open public tender in the below-threshold area); §§ 55 et seq. BVergG 2018 (open procedure in the above-threshold area)
Germany: § 9 UVgO, § 3 para. 1 VOB/A (open public tender at national level); § 15 VgV (open procedure EU-wide)

Related terms

FAQ

From what contract value is an open public tender mandatory in Austria? In the below-threshold area, the open public tender is mandatory from the national value thresholds of BVergG 2018 (§§ 41 et seq. BVergG 2018). Below certain value thresholds, simpler procedures (direct award, negotiated procedure without notice) are permissible. Above the EU thresholds, the open procedure with EU-wide notice applies as the standard procedure.

Can the contracting authority reject bids in an open public tender without giving reasons? No. The contracting authority must evaluate the bids objectively and transparently according to the award criteria announced in the tender documents. An arbitrary rejection of bids is inadmissible under procurement law. Unsuccessful bidders are entitled to a reasoned award decision and may apply for review within the standstill period.

Can an open public tender be revoked? Yes, a revocation is possible if no bid corresponding to the subject of the tender has been received, all bids had to be excluded or the basis of the tender has changed significantly. The revocation must be communicated to all bidders without delay and may, under certain conditions, give rise to damages obligations.

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