Procurement Files 2026 – Documentation Duty in Procurement Law

Procurement files: Mandatory documentation by public contracting authorities of all material decisions in the award procedure. Content, form and legal effect.

Definition: Procurement files are the complete documentation of all material decisions and steps in the course of a procurement procedure, which public contracting authorities are required by law to compile and retain in order to ensure transparency, traceability and effective legal protection.

Last updated: January 2026 · Legal status: § 8 VgV, § 20 VOB/A, § 6 UVgO, BVergG 2018

What are procurement files?

Procurement files (also: procurement documentation, procurement record) are the written record of all material procedural steps, decisions and reasons of an award procedure. The duty to document is a core principle of procurement law and serves several purposes: it creates transparency vis-à-vis bidders and review bodies, allows the judicial review of award decisions, and ensures internal traceability for the contracting authority itself.

The obligation to keep procurement files arises from § 8 VgV (above-threshold area), § 20 VOB/A and § 6 UVgO (sub-threshold area) and, in Austria, is governed by the BVergG 2018.

Content of the procurement files

The procurement files must document and substantiate all material decisions of the procurement procedure. This includes in particular:

Reasons for the choice of procedure and for the estimated contract value
Specification of the works and definition of suitability and award criteria
Notice documents and procurement documents
Documentation of the selection of candidates and bidders
Outcome of the bid examination and evaluation
Decision on contract award, with reasons
Communication with bidders (bidder questions, clarifications)
Decisions on exclusions, with reasons

Form and retention

The procurement files must be kept in such a way that the procurement procedure can be retraced in all its steps by an informed third party. In the above-threshold area, the documentation must be retained for at least three years after contract award (§ 8(4) VgV). For publicly funded projects, longer retention periods (up to ten years or more) often apply.

Procurement files in review proceedings

In review proceedings, the procurement files play a central role: the public procurement chamber can require access to the files in order to review the lawfulness of the award decision. Incomplete or retrospectively supplemented procurement files are a common reason for award decisions being set aside by procurement chambers. The contracting authority bears the burden of proof for the lawfulness of its decisions.

Bidders' access to the file

Bidders have a right of access to the file in review proceedings, but this is limited by the protection of trade secrets. The contracting authority and the procurement chamber must weigh up which parts of the procurement file may be disclosed to third parties.

Related terms

FAQ

What happens if the procurement files are incomplete? Incomplete procurement files may mean, in review proceedings, that the contracting authority cannot demonstrate that it acted lawfully. This can lead to the award decision being set aside.

Can subsequent additions to the procurement files be taken into account? In principle, no. Documentation must be carried out promptly and in parallel with the procedure. Subsequent additions are viewed critically by procurement chambers and are generally not accepted.

Must procurement files be kept in the sub-threshold area? Yes. A documentation obligation also exists in the sub-threshold area, arising from the national rules (UVgO, VOB/A Section 1). However, the scope is narrower than in the above-threshold area.

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