Procurement Documents in Procurement Law 2026

Definition: Procurement documents (also: tender documents) are the entirety of all documents that the contracting authority makes available to tenderers for the preparation of their offers, including specification, contract conditions, suitability requirements and award criteria.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 53, BVergG 2018 §§ 83–99, GWB § 29, VgV §§ 29–30

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What are procurement documents?

Procurement documents are the central means of communication between contracting authority and tenderer: they define what is to be procured, on what conditions and on which criteria the contract will be awarded. Their content must be complete, clear and free of contradictions so that all tenderers can prepare comparable offers on the same informational basis. Unclear or faulty procurement documents are a frequent cause of review proceedings and procedure cancellations.

Mandatory components of procurement documents

Procurement law prescribes a minimum structure for procurement documents; missing mandatory information may render the procedure inadmissible.

1. Specification

The specification describes the subject of the contract precisely enough to allow tenderers to clearly understand the nature and scope of the required service. It can be designed prescriptively (detailed technical specifications) or functionally (performance-oriented requirements). References to specific brands or manufacturers are in principle impermissible (non-discrimination requirement).

2. Suitability requirements and evidence

The contracting authority defines the suitability requirements (authorisation, economic capacity, technical and professional capacity) that tenderers must meet and what evidence must be provided. The requirements must be proportionate and linked to the subject of the contract.

3. Award criteria and scoring methodology

The award criteria (price, quality, sustainability, etc.) and their weighting must be set out and disclosed in the documents in advance. Subsequent changes to the award criteria are unlawful.

4. Contract conditions

The procurement documents contain the draft contract to be concluded or at least the essential contract conditions (place of performance, performance deadlines, payment conditions, contractual penalties, liability).

5. Procedural description

Information on the procedure type, deadlines (tender period, binding period), submission methods (electronic submission, format, signature requirements) and contact points.

Electronic provision

Since the 2014 EU procurement reform, procurement documents above thresholds must be made available electronically without restriction and free of charge. Provision is made via the procurement platform or the contracting authority's buyer profile. Tenderers downloading the documents do not necessarily have to register; the contracting authority must not unreasonably impede access through registration requirements.

Changes to procurement documents

Subsequent changes to the procurement documents are in principle admissible but must be communicated to all tenderers without delay and must not alter essential elements of the contract. Where material changes are made (e.g. change of subject matter), the tender deadline must be extended accordingly.

Language requirements

Procurement documents must be drafted in the official language of the contracting authority; additional language versions are possible but not mandatory. In cross-border situations, contracting authorities may voluntarily provide English-language versions to broaden the tenderer pool.

FAQ

May a contracting authority charge a fee for the procurement documents? Above thresholds: no. The EU directive requires procurement documents to be made available free of charge. Below thresholds, national rules may provide for exceptions.

What happens if the procurement documents contain contradictions? Contradictions in procurement documents are to be clarified by way of tenderer queries. If contradictions persist, this may be a ground for cancellation. Tenderers should raise unclear points in writing before the tender deadline expires.

How long must procurement documents be retained? Contracting authorities are required to retain procurement documents and the procurement record for a specific period. In Austria the retention period is generally ten years, in Germany at least five years after contract conclusion.

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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.