Request for Clarification in Public Procurement Law 2026

Definition: A request for clarification is a formal enquiry from the public contracting authority to a bidder to explain unclear, contradictory or otherwise explanation-needing components of its tender, without thereby effecting a substantive amendment of the tender.

Last updated: January 2026 · Legal status: BVergG 2018 § 123, GWB § 56, VgV § 15, VOB/A § 15

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What is a request for clarification?

The request for clarification is an instrument expressly provided for in procurement law that allows the contracting authority to remove ambiguities in a tender before the final evaluation. It represents an exception to the strict rule of unchanged tender examination and serves the clarification of facts – not renegotiation.

The request for clarification must be made in writing and be specific: the contracting authority must precisely identify which point of the tender is unclear and what information it requires. The bidder, in turn, is obliged to respond within the set deadline; a refused or insufficient response may lead to the exclusion of the tender.

Admissibility and Limits

The request for clarification must not be misused to give a bidder the opportunity to substantively improve or supplement its tender. The line between permissible clarification and inadmissible tender amendment is fluid and is strictly drawn in the case law.

Permissible subjects of clarification:

• Arithmetic ambiguities or obvious clerical errors
• Explanation of abnormally low tender prices (below-cost bids)
• Clarification of contradictory statements regarding technical specifications
• Evidence of calculation in cases of suspected mixed calculation

The following, by contrast, is inadmissible:

• Invitation to change the price or recalculate
• Supplementing missing suitability evidence not submitted in due time (unless statutorily permitted)
• Subsequent supplementation of essential tender components

Relationship to Clarification Negotiations

The request for clarification must be distinguished from clarification negotiations: while the request is made in writing, clarification negotiations may, in certain procedures, take place as an oral clarification. In practice, the written form is preferred as it allows for traceable documentation in the procurement record.

FAQ

Must a bidder respond to a request for clarification? Yes. Non-response or an inadequate response may result in the tender being excluded because the ambiguities could not be resolved.

May the contracting authority issue multiple requests for clarification? In principle yes, provided each request addresses genuine ambiguities. Repeated requests that de facto constitute renegotiation, however, are inadmissible.

What happens if the contracting authority uses a request for clarification unlawfully? Bidders can challenge this in review proceedings. If it is established that a request for clarification was used for inadmissible tender amendment, the resulting award can be challenged.

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