Provisional Item in Procurement Law 2026
Provisional item in the bill of quantities: definition, function, distinction from base items, and legal treatment in bid evaluation.
Definition: A provisional item (also: contingency item or optional item) is a line item in the bill of quantities that the contracting authority does not necessarily include in the evaluation of tenders but may optionally call off after contract award if the actual need materialises.
Last updated: January 2026 · Legal status: VOB/A, UVgO, BVergG 2018, ÖNORM B 2063
What is a provisional item?
Provisional items are items in the bill of quantities for services whose actual necessity is uncertain at the time of tendering. They are priced by the tenderer but, as a rule, do not feed into the evaluation total of the tender. Only during execution does the contracting authority decide whether and to what extent it calls off these optional services.
In German procurement law, provisional items are commonly referred to as "Eventualpositionen"; in Austrian ÖNORM terminology they are called "Bedarfspositionen" or "Wahlpositionen" (optional items).
Purpose and advantages
Provisional items provide the contracting authority with flexibility regarding uncertain components of the service, without the need to conduct a separate procurement procedure for them. Typical use cases:
- Unforeseen additional works in construction projects (e.g. excavation for unknown soil conditions)
- Optional extensions to IT systems
- Additional maintenance or service works
- Quantity-dependent additional services
Distinction from other item types
Provisional items must be distinguished from base items (mandatory services), alternative items (either/or selection) and options under procurement law.
| Item type | Priced | Relevant for evaluation | Call-off |
|---|---|---|---|
| Base item | Yes | Yes | Mandatory |
| Provisional item | Yes | Usually not | Optional |
| Alternative item | Yes | One of several | Either/or |
| Option (contractual) | Yes | Often separately | Unilaterally by authority |
Legal requirements
Provisional items must be clearly identified as such in the procurement documents, so that tenderers can identify which items are relevant for evaluation. Unclear identification may lead to misunderstandings in pricing and disputes in invoicing. The contracting authority must determine in advance whether and how provisional items feed into the evaluation total.
FAQ
Must tenderers necessarily price provisional items? This depends on the specifications in the procurement documents. If the contracting authority sets out a pricing obligation, missing prices lead to exclusion. In practice, provisional items must almost always be priced.
Can the contracting authority retroactively bill provisional items as base items? No. The classification of an item as provisional or base is set in the procurement documents and binding. A subsequent reclassification is problematic under procurement law.
Do provisional items feed into the threshold calculation? Yes. When estimating the total contract value for threshold purposes, provisional items must also be included, as they increase the potential total contract value.
Last updated: January 2026 All information without warranty. For legally binding advice, please consult a law firm specialising in procurement law.
Book a demo.
See what BOND finds for your company — tenders, suppliers, and partners you'd never discover on your own. Cancel any month, anytime.