Requests to Participate in Procurement Law 2026 – Overview and Procedure

Definition: Requests to participate are the entirety of application documents submitted by interested companies in the first stage of two-stage procurement procedures; the term refers both to the individual documents and to the collective applicant process.

Last updated: January 2026 · Legal status: Art. 26–30 Directive 2014/24/EU, §§ 51–58 VgV, §§ 116–130 BVergG 2018

---

Requests to participate in the procedural context

The requests to participate received form the basis of the selection procedure in the first stage of two-stage procurement procedures and determine which applicants are invited to submit bids. The contracting authority receives, opens and processes the requests to participate in a formal procedure that requires the same principles of transparency and equal treatment as the later bid examination.

This article focuses on the process of handling multiple requests to participate in the procedure, in particular the examination and selection steps. For the definition and content of the individual request to participate, see Request to Participate.

Opening and initial review

Requests to participate are opened after the submission deadline has expired and first checked for formal completeness. Unlike bids, requests to participate are generally not opened publicly; the entire pre-qualification competition is confidential. The contracting authority documents receipt and prepares a list of all requests to participate received.

Suitability check

In a second step, the contracting authority checks each request to participate to determine whether the applicant meets the minimum suitability requirements set. Applicants who do not meet the minimum requirements or for whom grounds for exclusion exist are excluded from the further procedure. This decision must be documented and notified to the applicant.

Selection procedure in case of excess applicants

If the number of suitable applicants exceeds the maximum number of companies to be invited, the contracting authority carries out an objective selection procedure. The selection criteria must have been published in advance in the contract notice and must go beyond the mere minimum requirements. Typical selection criteria are:

• Quality and scope of the reference projects submitted
• Company size and capacity in relation to the contract
• Qualification evidence of the personnel to be deployed
• Specific technical equipment

The selection procedure leads to the so-called shortlist, the list of companies invited to submit bids.

Minimum and maximum number of applicants to be invited

Procurement law prescribes minimum numbers of applicants to be invited in order to ensure genuine competition. The minimum number is:

• Restricted procedure: 5 applicants
• Negotiated procedure with a notice: 3 applicants
• Competitive dialogue: 3 applicants

If fewer suitable applicants are available, the procedure may be continued with the actually smaller number, provided effective competition is ensured.

Information obligations

All applicants must be informed of the outcome of the selection procedure, irrespective of whether they are invited to submit bids or not. Non-selected applicants receive notification of the reasons for their non-consideration. This information obligation is a precondition for the effective protection of legal rights.

FAQ

Can applicants request inspection of the other requests to participate after the selection decision? In principle, no, as the confidentiality of other applicants' requests to participate must be preserved. However, in review proceedings, the procurement review body may grant inspection.

May the contracting authority invite additional applicants subsequently? No. The pool of applicants is conclusively determined at the end of the pre-qualification competition. Subsequent invitations would breach the principle of equal treatment.

What happens if too few requests to participate are received? If fewer requests to participate are received than the minimum number of applicants to be invited, the procedure may continue with the suitable applicants. If no request to participate at all is received, the procedure must be cancelled.

---

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