Request to Participate in Procurement Law 2026 – Application in the Restricted Procedure

Request to participate: application documents for two-stage procurement procedures. Content, deadlines and suitability evidence at a glance. Procurement law 2026.

Definition: A request to participate is a company's formal application in the first stage of a two-stage procurement procedure (e.g. restricted procedure, negotiated procedure, competitive dialogue) by which it proves its suitability and requests to be invited to submit a bid.

Last updated: January 2026 · Legal status: Art. 26, 28, 29 Directive 2014/24/EU, §§ 42–55 VgV, § 3b VOB/A EU, §§ 116–130 BVergG 2018

What is a request to participate?

The request to participate stands at the beginning of every two-stage procurement procedure and forms the basis for the suitability selection by the public contracting authority. Unlike the single-stage open tender procedure, in which all interested companies can directly submit a complete bid, the restricted procedure and the competitive dialogue are structured in two stages: companies first apply with a request to participate; the contracting authority then invites a limited number of suitable applicants to submit bids.

The request to participate is therefore not a bid in the legal sense, but a presentation of suitability: the company presents itself and its performance capability without committing to a specific price.

Content of a request to participate

Which documents and evidence a request to participate must contain is set out by the contracting authority in the contract notice and, where applicable, in the participation documents. Typically, a request to participate includes:

Self-declarations and evidence on personal suitability (register extracts, tax declarations, clearance certificates)
Economic and financial standing (turnover figures, annual financial statements, bank reference)
Technical and professional capacity (reference projects, personnel, technical equipment, certificates)
European Single Procurement Document (ESPD) as a simplified preliminary form for all suitability evidence

Deadlines

The minimum period for submitting requests to participate is 30 days from dispatch of the notice above the EU thresholds. In justified cases (e.g. particular urgency), this period can be shortened to 15 days. Below the thresholds, shorter, nationally set minimum periods apply.

The participation deadline must in principle not be extended, unless the contracting authority makes changes to the participation documents.

Selection procedure (shortlisting)

If more requests to participate are received than the set maximum number of applicants to be invited, the contracting authority carries out an objective selection procedure. The selection is made exclusively on the basis of the selection criteria announced in advance, which go beyond the minimum suitability requirements. The result of the shortlisting must be documented in writing.

In the restricted procedure and the negotiated procedure, at least five (restricted procedure) or three (negotiated procedure) suitable applicants must be invited to submit bids, provided sufficient suitable applicants are available.

Electronic submission

Above the EU thresholds, requests to participate must in principle be submitted electronically. Procurement platforms provide standardised form interfaces for this purpose. Paper-based submissions are only permitted in legally recognised exceptional cases.

FAQ

What is the difference between a request to participate and a bid? The request to participate serves to present suitability and takes place in the first stage of the procedure; the bid contains the specific performance and price information and is only submitted in the second stage of the procedure.

Can a company still amend its request to participate after submission? After expiry of the participation deadline, amendments are in principle no longer permitted. However, missing or incomplete documents may be subsequently submitted upon request by the contracting authority (insofar as national law permits).

What happens if a request to participate is incomplete? The contracting authority may – but is not obliged to – request additional documents. If essential evidence is missing, the request to participate may be excluded.

How does an applicant find out whether its request to participate was successful? The contracting authority informs all applicants of the outcome of the selection procedure. Non-selected applicants receive a notification stating the reasons.

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