Public Call for Participation before Restricted Tender 2026

Public call for participation before restricted tender: two-stage procedure with public application phase and form-bound submission of bids.

Definition: The public call for participation before restricted tender is a two-stage award procedure in which a public notice and application phase is followed by a restricted, form-bound bidding phase to which only the applicants selected in the call for participation are invited.

Last updated: January 2026 · Legal basis: § 3a EU VOB/A; § 38 BVergG 2018; Art. 28 Directive 2014/24/EU

What is the public call for participation before restricted tender?

This procedure essentially corresponds to the "restricted procedure" of the above-threshold area, but is also used in the below-threshold area for works (§ 3a EU VOB/A). It combines the public accessibility of the application phase with the selectivity and efficiency of the restricted bidding phase.

Process

First phase: public call for participation

Through a public notice, all interested companies are invited to submit requests to participate. The contracting authority checks the suitability of all applicants on the basis of suitability requirements announced in advance.

Second phase: restricted tender

From the suitable applicants, the contracting authority selects a limited number according to objective selection criteria and invites them to submit a bid. The bids are submitted and evaluated according to the rules of the restricted tender – with strict form requirements.

Advantages of the procedure

The two-stage procedure offers advantages over the single-stage restricted tender without call for participation:

Broader opening of competition through public notice
Systematic suitability check before the bidding phase
Reduction of bidder effort: only suitable companies prepare bids
Better predictability of bid results

Minimum number of applicants

In the above-threshold area, Art. 65 para. 2 Directive 2014/24/EU prescribes at least five applicants to be invited. In the below-threshold area, the number can be lower, but must ensure real competition.

Distinction

Procedure	Public phase 1	Phase 2
Open procedure	Public	Direct submission by all
CfP before restricted tender	Public	Restricted submission
CfP before freehand award	Public	Free negotiation
Restricted tender without CfP	Not public	Restricted submission

Related terms

FAQ

Is this type of procedure permissible in the above-threshold area? Yes. It corresponds to the "restricted procedure with prior call for participation" pursuant to Art. 28 Directive 2014/24/EU.

How many applicants must be invited in the below-threshold area? That depends on the national rules. In Germany, § 3a VOB/A for works in the national area generally provides for at least three applicants.

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