Paper Tenders in Public Procurement Law 2026

Definition: Paper tenders are written, physically submitted tender documents which, since the mandatory introduction of electronic procurement in the EU above-threshold sector, are in principle no longer recognised as an admissible form of tender, although they may still occur in certain exceptional cases and in the below-threshold sector.

Last updated: January 2026 · Legal status: Art. 22 Directive 2014/24/EU; § 11 VgV; § 80 BVergG 2018

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Paper tenders in the e-procurement era

With the mandatory introduction of electronic procurement in the above-threshold sector (from October 2018), paper tenders are in principle no longer admissible in EU-wide procedures. Art. 22 of Directive 2014/24/EU obliges contracting authorities to handle all communication, including the submission of tenders, exclusively by electronic means. Bidders who submit their tender in paper form must expect their tender to be excluded as non-compliant with form requirements.

Statutory exceptions

The obligation to submit tenders electronically has narrowly drawn exceptions which the contracting authority must expressly state in the procurement documents.

Permitted exceptions under Art. 22(1) Directive 2014/24/EU:

• Contracts where the use of electronic means requires specialised tools that are not generally available to the authorities
• Contracts requiring the submission of physical models (e.g. architectural models, prototypes)
• Contracts with information that must be treated under classified information rules
• Technical impossibility in justified individual cases

Below-threshold sector

Paper form is more commonly encountered in the below-threshold sector, although many contracting authorities have also switched to electronic procurement here. National rules in the below-threshold sector do not mandatorily require full electronic handling; contracting authorities may still accept paper tenders in certain cases. In practice, however, even smaller municipalities are increasingly using e-procurement platforms.

Formal requirements for paper tenders

Where paper tenders are exceptionally admissible, special formal requirements apply.

• Tenders must be submitted sealed
• The addressing must clearly refer to the procurement procedure (procurement reference number, "Do not open before tender opening")
• Handwritten signature of all persons authorised to sign
• Timely receipt before the tender opening time (receipt principle, not dispatch principle)
• Often: additional submission of a CD/USB with the tender documents in digital form

FAQ

What happens if I accidentally submit a paper tender although electronic submission was prescribed? The tender is generally excluded as non-compliant with form. There is no possibility of remedy.

Can I additionally submit a paper tender alongside an electronic tender? No. Where electronic submission is prescribed, the paper tender has no legal effect. In case of doubt, the electronically submitted tender prevails.

Do paper tenders need to be signed? Yes, in the case of paper tenders the handwritten signature of the person(s) authorised to sign is required. Requirements may vary by procurement rules.

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