Principle of Self-Submission in Procurement Law 2026

Definition: The principle of self-submission in procurement law requires tenderers and candidates to submit all suitability evidence, declarations and other documents required by the contracting authority on their own initiative and within the prescribed deadline, without the contracting authority having to investigate them ex officio.

Last updated: January 2026 · Legal status: Directive 2014/24/EU, BVergG 2018, GWB/VgV

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What is the principle of self-submission?

The principle of self-submission holds that it is the tenderer's responsibility to submit, on their own initiative, the evidence required to establish their suitability and compliance with requirements. Unlike administrative procedural law, where the principle of ex officio investigation applies, in procurement procedures the tenderer bears full responsibility for submitting all required documents completely, on time and in the prescribed form. The contracting authority is in principle not obliged actively to request missing evidence from the tenderer or to source it itself.

The principle of self-submission is an expression of the competition principle: all tenderers are treated equally, and no tenderer should gain an advantage over competitors who have submitted complete documents by belatedly providing missing ones.

Scope and limits

The principle of self-submission is not absolute – under certain conditions, the contracting authority may request missing evidence.

Under § 56(2) VgV (Germany) and comparable provisions in BVergG 2018 (Austria), the contracting authority may invite tenderers to subsequently submit missing or incomplete documents within a reasonable period, provided this does not result in a substantive change to the offer. Such subsequent requests are, however:

• discretionary, not mandatory – the contracting authority decides at its discretion
• limited to formal defects – substantive changes to the offer are inadmissible
• consistent with the principle of equal treatment – if subsequent requests are made, this must be done for all tenderers in a comparable situation

A tender that lacks substantial documents and where the contracting authority does not exercise its right to request them subsequently must be eliminated as incomplete.

Practical significance

For tenderers, the principle of self-submission is a key risk in the procurement procedure: those who forget required documents or misunderstand requirements risk exclusion from the procedure.

Typical documents that tenderers must submit on their own initiative include:

• Self-declarations of suitability (economic, technical and professional capacity)
• Reference evidence and certificates
• Tax and social security clearance certificates
• Commercial register and trade register extracts
• Quality-management certifications (e.g. ISO 9001)

Careful reading of the procurement documents and the notice is therefore essential to avoid overlooking required documents.

FAQ

Must the contracting authority always request missing documents subsequently? No. The subsequent request is generally a matter of discretion for the contracting authority. It may, but is not obliged to, request them.

What happens if a tenderer fails to submit required documents? The offer can be eliminated as incomplete, provided the contracting authority chooses not to make a subsequent request or the deadline for subsequent submission has expired without result.

Does the principle of self-submission also apply to subcontractor declarations? Yes. Declarations and evidence for subcontractors, where required by the contracting authority, must also be obtained and submitted by the tenderer on its own initiative.

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