Public Call for Participation before Freehand Award 2026

Public call for participation before freehand award: two-stage below-threshold procedure with upstream public applicant selection.

Definition: The public call for participation before freehand award is a two-stage award procedure in the below-threshold area, in which the contracting authority first publicly invites applications, selects suitable applicants and then negotiates freely with them.

Last updated: January 2026 · Legal basis: § 12 VOB/A (Germany); § 41 BVergG 2018 (Austria, below-threshold area)

What is the public call for participation before freehand award?

This procedure combines the transparency of a public call for participation with the flexibility of the freehand award. It is typically provided for in the below-threshold area for works (§ 12 VOB/A) and is used where a restricted tender does not make sense due to particular circumstances, but a minimum of public competition is to be preserved.

Process

The procedure is divided into two phases:

First phase: public call for participation

The contracting authority publishes a public notice inviting applications. Interested companies submit requests to participate. The contracting authority checks suitability and selects a limited number of suitable applicants.

Second phase: freehand award

With the selected applicants, the contracting authority negotiates freely, i.e. without strict formal binding to award procedure rules. The negotiations may cover price, scope of services and contractual terms.

Conditions of application

The freehand award with prior call for participation requires that:

The contract value is below the national threshold for the restricted tender, or
Particular circumstances rule out a restricted tender (e.g. only a few suitable companies on the market).

Difference from the restricted tender with call for participation

The essential difference lies in the second phase: in the restricted tender, the submission of bids is strictly form-bound; in the freehand award, price and performance can be freely negotiated.

Related terms

FAQ

When does a public call for participation before freehand award make sense? When the contracting authority in the below-threshold area wishes on the one hand to proceed in a transparent and competitive manner, but on the other hand needs flexibility in the negotiation phase.

Is the result of the call for participation binding for the selection of negotiation partners? Yes. In the second phase, the contracting authority may only negotiate with the applicants selected in the call for participation.

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