Opening of Tenders in Public Procurement Law

The opening of tenders (submission) is the formal opening of received tenders after expiry of the tender deadline, in compliance with the principle of transparency.

Definition: The opening of tenders (Angebotsöffnung) is the formal act, to be conducted after expiry of the tender deadline, in which the contracting authority opens the received tenders, records their essential content in an opening record and thereby creates the basis for the subsequent tender examination and evaluation.

Last updated: January 2026 · Legal status: Directive 2014/24/EU, § 117 BVergG 2018, § 14 VOB/A

What is the opening of tenders?

The opening of tenders — also referred to in Austrian and German usage as "Submission" — marks the transition from the passive receipt of tenders to the active examination and evaluation phase of the procurement procedure. It is only with the opening of tenders that the contents of submitted tenders become accessible to the contracting authority; until this point, tenders must be kept under seal and therefore confidential. No bidder may obtain knowledge of the content of another tender before the opening time.

The opening of tenders is a central tool for safeguarding the principle of transparency and the confidentiality of competition: only if all tenders are opened simultaneously and under the same conditions can it be ensured that no bidder benefits from the content of a competing tender and adjusts its own tender accordingly.

Significance and function

The opening of tenders fulfils a dual function: it serves the procurement-law principle of transparency and at the same time protects competitive confidentiality by preventing bidders from gaining insight into other tenders before the opening time. The contracting authority is required to conduct the opening of tenders in a way that excludes manipulation and ensures the traceability of the procedure.

The opening record

The opening record (also: submission record) is the central document of the tender opening: it records the essential data of all received tenders and serves as an unalterable evidential document for the subsequent course of the procedure. The record typically captures:

Name and address of the bidders
Total amount of the tender (tender sum)
Date and time of receipt of the tender
Any incompleteness or formal defects
Any variant or alternative tenders
Signatures of those present

The opening record is part of the procurement documentation and must be made available to bidders and review bodies on request.

Electronic vs. paper opening

With the widespread introduction of e-procurement, the opening of tenders has also fundamentally changed: for electronically submitted tenders, opening takes place through a technical decryption process on the procurement platform, not by physically opening sealed envelopes. Electronic procurement platforms ensure that submitted tenders remain encrypted until the opening time and only become readable for the contracting authority at the specified time. This makes manipulation technically impossible.

For paper-based submission, by contrast, the opening takes place physically in a designated room, with several representatives of the contracting authority generally being present. Attendance by bidders at the opening is possible depending on national law and the type of procedure.

Legal basis

The opening of tenders is governed by both Union law and national law.

EU: Art. 22 Directive 2014/24/EU (electronic communication and confidentiality); Art. 56(1) (principles of examination)
Austria: § 117 BVergG 2018 (opening of tenders, recording obligation, bidder rights at opening)
Germany: § 14 VOB/A (opening of tenders for works), § 55 VgV (principle of confidentiality and documentation)

Related terms

FAQ

May bidders be present at the opening of tenders? Under Austrian law, bidders generally have the right to be present at the opening of tenders (§ 117 BVergG 2018). In Germany this depends on the type of procedure: for the award of works contracts under VOB/A, attendance by bidders is provided for; for procurements under VgV, it is not mandatory.

What happens if a tender cannot be opened at the opening time (e.g. technical problem in electronic submission)? The contracting authority must document the facts. If the cause of the technical problem lies with the contracting authority or the platform, an extension of the tender deadline may be required. If the cause lies with the bidder, the tender must generally be excluded.

Is the content of the opening record communicated to all bidders? The opening record can be inspected on request. In Austria, bidders have a right of file inspection in certain procedural phases. In Germany, inspection rights are governed by § 165 GWB. The tender sums of competitors become accessible in the course of notification of the award decision.

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