Public Call for Participation in Procurement Law 2026

Public call for participation: pre-procedure for bidder selection in the restricted procedure – process and procurement-law requirements.

Definition: The public call for participation is the first stage of a two-stage award procedure, in which the contracting authority publicly invites submission of requests to participate and subsequently selects from the suitable applicants those who will be invited to submit a bid.

Last updated: January 2026 · Legal basis: Art. 28 Directive 2014/24/EU; § 17 VgV; § 38 BVergG 2018

What is the public call for participation?

The public call for participation (also: applicant selection, prequalification phase) is the upstream procedure for bidder selection in the restricted procedure and the negotiated procedure. It ensures that only suitable companies are invited to submit a bid, which focuses competition on qualified bidders and reduces the effort for all parties involved.

The call for participation begins with a public notice in which the contracting authority calls for the submission of requests to participate. All interested companies may apply.

Process of the call for participation

The public call for participation follows a structured process:

Publication of the notice: Description of the subject of the contract, the suitability requirements and the selection criteria.
Submission of requests to participate: Interested companies submit their applications with the required evidence.
Suitability check: The contracting authority checks all requests to participate for completeness and fulfilment of the suitability requirements.
Selection of applicants: If more suitable applicants are available than are to be invited to submit a bid, a selection is made according to predetermined objective selection criteria.
Invitation to submit a bid: The selected applicants receive the complete procurement documents and are invited to submit a bid.

Minimum and maximum number of applicants

In the above-threshold area, Directive 2014/24/EU prescribes a minimum number of applicants to be invited: in the restricted procedure at least five (Art. 65 para. 2); in the negotiated procedure at least three. The maximum number may be determined by the contracting authority on objective grounds.

Selection criteria

If some applicants must be selected from the majority of suitable applicants, this must be done according to objective and non-discriminatory criteria announced in advance. Possible selection criteria are, for example, the quality and relevance of reference projects, the capacity of the company or specific certifications.

Related terms

FAQ

What is the difference between the open procedure and the call for participation? In the open procedure, any company can submit a bid directly. The call for participation is an upstream selection stage: only after the suitability check are selected applicants invited to submit a bid.

Can an applicant who was not selected in the call for participation file a review application? Yes. The decision on the selection of applicants in the call for participation is a separately challengeable decision.

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