Opening of Bids in Public Procurement Law 2026

Opening of bids: formal procedural step of the bid opening – process, minutes obligation and rights of bidders in Austria and Germany.

Definition: The opening of bids (bid opening, submission) is the formally regulated procedural step in which, after expiry of the bid deadline, all bids received are opened for the first time and documented in a record.

Last updated: January 2026 · Legal basis: § 55 VgV; § 14 VOB/A; § 96 BVergG 2018

What is the opening of bids?

The opening of bids is a central and strictly formalised procedural step in the award procedure, which ensures the integrity of competition. Until expiry of the bid deadline, all bids received must be kept unopened and sealed; a premature opening is contrary to procurement law. Only after expiry of the deadline are the bids opened in a defined procedure.

In the electronic award procedure, the "opening" takes place technically by the decryption of the encrypted bids submitted at the specified opening date.

Process of the bid opening

The bid opening follows a statutorily regulated process:

Setting of the opening date: The date is announced in the procurement documents and corresponds to the end of the bid deadline.
Opening of the bids: After expiry of the deadline, the bids (physical or electronic) are opened. In the paper procedure, this is done in the presence of an opening officer.
Reading out of the essential bid data: In paper procedures, the essential data (bidder, price, any discounts) are read out. In the electronic procedure, this is generally omitted.
Preparation of the opening minutes: All essential information is recorded; the record is part of the procurement file.

Right of bidders to be present

In the classical paper procedure (e.g. VOB/A, BVergG 2018 for works contracts), bidders have the right to be present at the opening and follow the reading out of the bid data. In the electronic award procedure under VgV, physical presence is generally not provided for; transparency is ensured by the electronic opening record.

Opening record

The opening record documents the course of the opening and is the basis for the bid examination. It typically contains:

Names and addresses of all bidders
The prices offered (total prices, unit prices)
References to any variant bids
Identified formal defects
Names of the persons present

Premature opening as a breach of procurement law

The premature opening of a bid before expiry of the deadline is a serious breach of procurement law that renders the procedure challengeable. The contracting authority must ensure that bids received are securely stored until the opening date.

Related terms

FAQ

May bidders inspect the bids of other bidders after the opening? No. The bids of other bidders are confidential. Bidders are only entitled to the key data noted in the opening record (bidder, price).

What happens if a bid is received late? Bids received late must not be opened and are to be returned unopened or deleted.

Is an opening date necessary in e-procurement? Yes. Even in e-procurement, there is a defined opening time from which the bids are technically decrypted and made accessible.

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