Optional Item in Public Procurement Law
An optional item is an optional line in the bill of quantities that the contracting authority may, but is not required to, call off after the award.
Definition: An optional item is a discrete line item listed in the bill of quantities about whose performance the contracting authority can decide unilaterally after the award, but which must be taken into account when determining the relevant contract value and choosing the procurement procedure.
Last updated: January 2026 · Legal basis: BVergG 2018, VOB/A, Directive 2014/24/EU
What is an optional item?
An optional item ("Wahlposition") is a separately listed item in the bill of quantities that describes an alternative or supplementary service whose award the contracting authority decides at its own discretion after the award of the contract. Unlike standard items, which must always be performed, the performance of an optional item depends solely on the contracting authority's decision – the bidder has no entitlement to its being ordered.
Optional items must be distinguished from contingent items ("Bedarfspositionen"): contingent items are called off where there is a need and are uncertain in quantity or frequency, while optional items, by contrast, describe clearly defined performance alternatives between which the contracting authority chooses (e.g. floor covering variant A or variant B).
Significance in the procurement procedure
Optional items must be taken into account when estimating the contract value, since otherwise thresholds could be circumvented by deliberately separating them out. Under the principles of the BVergG 2018 and Directive 2014/24/EU, the artificial splitting of contracts is impermissible; optional items that are likely from the outset to be ordered must therefore be included in the estimated total contract value. In Germany, the same applies under § 3 VgV.
The evaluation of tenders containing optional items must be regulated transparently: the contracting authority must specify in the procurement documents whether and how optional items are taken into account in the overall evaluation. Bidders must quote prices for all listed optional items; where these are missing, the tender can be excluded as incomplete. After the award, the contracting authority must call off the optional items within the deadlines set out in the procurement documents or definitively waive them.
Related terms
Last updated: January 2026 All information is provided without guarantee. For legally binding advice please consult a law firm specialising in public procurement law.
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