Procedure Participants in Procurement Law 2026

Procedure participants in procurement law: contracting authorities, bidders, candidates and other actors in the procurement and review procedure. Rights and duties.

Definition: Procedure participants in procurement law are all natural and legal persons who actively take part in a procurement procedure or a subsequent review procedure or who are directly affected by its outcome – in particular public contracting authorities, candidates, bidders and bidding consortia.

Last updated: January 2026 · Legal basis: §§ 160 et seq. GWB, BVergG 2018, Directive 89/665/EEC

Who are the procedure participants?

In a public procurement procedure, the public contracting authority typically stands on one side and candidates or bidders on the other. In addition, other participants may appear, such as subcontractors, companies providing capacity, bidding consortia or – in review proceedings – the competent Procurement Chamber and joined parties.

The public contracting authority

The public contracting authority is the central figure in the procurement procedure; it initiates the procedure, lays down the requirements and decides on the award. The category of public contracting authorities includes the Federal Government, the federal states, municipalities and other bodies governed by public law as well as, under certain conditions, bodies organised under private law that act in the general interest (functional concept of contracting authority).

Candidates and bidders

A candidate is a party that wishes to take part in the procedure and has submitted a request to participate; a bidder is a party that has submitted a bid. In a single-stage open procedure there are only bidders; in a two-stage restricted procedure there are first candidates (competitive participation stage) and then bidders (bid stage). Candidates and bidders can be natural persons, legal persons or bidding consortia.

Bidding consortia

Bidding consortia are groupings of several companies that act together as a single bidder. They must declare themselves as such in the procurement documents and appoint a joint authorised representative. The members are usually jointly and severally liable.

Subcontractors and companies providing capacity

Although subcontractors and companies providing capacity are not directly the contracting authority's contractual partner, their involvement is relevant in the suitability check. Bidders can rely on the capacities of third parties (capacity loan), but they must disclose this and provide evidence.

Participants in the review procedure

Additional procedure participants appear in review proceedings before the Procurement Chamber: the applicant (usually an unsuccessful bidder), the contracting authority as respondent, and any joined parties. Joined parties are companies whose interests are significantly affected by the decision of the Procurement Chamber – typically the company to which the contract has been or is to be awarded.

Rights of procedure participants

All procedure participants have certain rights, in particular the right to equal treatment, transparency and effective legal protection. Bidders have the right to be informed of the outcome of the procedure in time (advance information), to access the file in review proceedings, and to raise objections and review applications.

Related terms

FAQ

What is the difference between a candidate and a bidder? A candidate has submitted a request to participate (e.g. in a restricted procedure); a bidder has submitted a bid. In the open procedure there are only bidders.

Can a natural person be a bidder? Yes, provided that they meet the necessary suitability requirements. In practice, however, bidders are usually legal persons or bidding consortia.

Who can be a joined party in review proceedings? Any company whose interests are significantly affected by the decision of the Procurement Chamber – usually the awarded company or other bidders.

Do subcontractors have rights in the procurement procedure? In principle, only candidates and bidders have direct procedural rights. However, subcontractors may gain indirect relevance through the bidder.

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