Price Enquiry in Public Procurement Law 2026

Definition: A price enquiry is an informal market exploration in which a contracting authority obtains non-binding price information from potential suppliers, without thereby launching a formal tender procedure.

Last updated: January 2026 · Legal basis: § 28 UVgO, VgV, BVergG 2018

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What is a price enquiry?

The price enquiry serves contracting authorities as an informal instrument for market exploration and cost estimation in the run-up to a tender procedure. It is not a stand-alone tender procedure and creates no contractual obligations. By obtaining price information, the contracting authority can estimate the expected contract value and assess whether and which tender procedure should be initiated. The price enquiry must not be abused to circumvent a formal tender procedure.

Distinction from a formal tender

The decisive difference between a price enquiry and a formal tender lies in the binding nature and legal consequences. A price enquiry obliges neither the contracting authority to award a contract nor the supplier to submit a tender. It has no offer character in the legal sense. A formal tender, in contrast, opens the tender procedure with all the legal consequences for bidders and the contracting authority.

Permitted use

Price enquiries are permissible under procurement law provided they serve solely the purpose of obtaining information and are not used as a disguised tender procedure. A price enquiry becomes problematic where:

• it effectively already prepares the award of the service,
• only one supplier is contacted and a contract follows directly,
• it is used systematically to circumvent obligations to tender.

In such cases, an unlawful direct award (de-facto award) may be present.

Practical significance

In the sub-threshold range, the price enquiry can, for very small contract volumes, form the basis for a permissible direct award, provided that the relevant value thresholds are observed. In Austria, direct awards are permitted up to an estimated contract value of EUR 100,000 (excluding VAT) for supply and service contracts; in Germany the value thresholds vary depending on the federal state and type of service.

FAQ

Is a price enquiry a tender procedure? No. A price enquiry is an informal market exploration and not a tender procedure. It does not trigger any procurement law obligations.

May the contracting authority award directly after a price enquiry? Only if the contract value is within the permissible direct award thresholds. Otherwise, a formal tender procedure must be initiated.

Must price enquiries be documented? Documentation in the procurement file is advisable in order to make the estimation of the contract value traceable.

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