Procurement Process 2026 – Step-by-step Course of Public Procurement Procedures

Definition: The procurement process is the entire course of a public procurement procedure – from the internal identification of need and market analysis, through the notice and tender evaluation, to the award and conclusion of the contract.

Last updated: January 2026 · Legal basis: §§ 97–131 GWB, VgV, VOB/A, UVgO, BVergG 2018

---

What is the Procurement Process?

The procurement process is the structured sequence of steps that a public contracting authority must follow when procuring goods, works or services in order to meet the requirements of procurement law. It is not only a legal duty but also a management process with significant organisational and communications requirements. A well-managed procurement process reduces the risk of procurement errors, review proceedings and cost overruns.

The Phases of the Procurement Process

Phase 1: Needs Identification and Market Engagement

The procurement process begins with a careful needs analysis. The contracting authority must clarify: what is needed? In what quantity? By when? How is quality defined? Market engagement is permitted and recommended at this stage – the contracting authority may speak with potential suppliers, hold information meetings and review reference projects. Documentation and respect for equal treatment of all later bidders are essential.

Phase 2: Choice of Procedure and Planning

On the basis of the estimated contract value and contract type, the contracting authority selects the appropriate procurement procedure. Where the contract value is above the EU thresholds, the open procedure, restricted procedure, competitive procedure with negotiation, competitive dialogue or innovation partnership may be considered. In the below-threshold regime, the procedural types under the UVgO or VOB/A Section 1 apply.

Phase 3: Drafting the Procurement Documents

The procurement documents are the heart of the procurement procedure. They must contain the following elements:

• Description of services: Unambiguous, exhaustive and technology-neutral description of the subject matter
• Selection criteria: Requirements concerning expertise, capacity and reliability
• Award criteria: Pre-defined and weighted evaluation criteria
• Contract terms: General and special contract terms
• Forms: Tender form, declarations on grounds for exclusion, fair-pay compliance etc.

Phase 4: Notice

In the above-threshold regime, the tender must be advertised EU-wide via TED; in the below-threshold regime, on national or regional notice platforms. The notice contains all material information about the procurement procedure (contracting authority, subject matter, selection and award criteria, time limits).

Phase 5: Tender Phase

During the tender phase, interested parties can download the procurement documents and submit questions. The contracting authority answers all incoming bidder questions simultaneously to all interested parties (principle of equal treatment). At the end of the tender period, the submitted tenders are opened.

Phase 6: Examination and Evaluation of Tenders

The examination and evaluation of tenders is carried out in several stages:

1. Formal examination: Completeness, timeliness, formal requirements
2. Suitability examination: Do the bidders meet the suitability requirements?
3. Exclusion examination: Are mandatory or discretionary grounds for exclusion present?
4. Substantive examination: Reasonableness of prices, sustainability of the offer
5. Evaluation: Assessment against the pre-defined award criteria
6. Result: The most economically advantageous tender is awarded the contract

Phase 7: Information and Standstill Period

Before the contract is awarded, all unsuccessful bidders must be informed (§ 134 GWB). The information must state the reason for non-consideration and the earliest date for contract conclusion. The standstill period of at least 15 calendar days then begins, during which unsuccessful bidders can apply for review.

Phase 8: Award and Contract Conclusion

Once the standstill period has expired without a review application, the contract can be awarded and concluded. The award is the acceptance of the most economically advantageous tender and establishes the public contract. The contract must be concluded in writing.

Phase 9: Notice of the Award Decision

In EU-wide procedures, the contracting authority must publish a contract award notice in the Official Journal of the EU within 30 days of contract conclusion (§ 38 VgV). This transparency notice informs the market about the concluded contract.

Phase 10: Contract Management

The procurement process does not end with the conclusion of the contract. Subsequent tasks include monitoring of performance, management of contract modifications (narrowly limited by § 132 GWB), acceptance and invoice verification, and supplier evaluation for future procurements.

FAQ

How long does a procurement process take? The minimum duration depends on the statutory minimum time limits. In an open procedure under the VgV, the tender period is at least 35 days (with electronic publication) and the standstill period after notification of award is at least 15 days. Overall, three to four months is realistic for straightforward procedures; complex procedures (competitive dialogue, innovation partnership) can take one to two years.

What happens if too few tenders are received? The contracting authority may cancel the procedure if the number of tenders is insufficient for genuine competition and launch a new procedure – if necessary with adjusted requirements.

Can a contracting authority still cancel the procedure after tender opening? Yes, cancellation is permissible under certain conditions (e.g. where there is no economically viable tender, or where requirements have fundamentally changed). The cancellation must be reasoned and published; bidders may claim damages where cancellation is unjustified.

---

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