Restricted Procedure in Public Procurement 2026

Definition: The restricted procedure (also: limited procedure) is a two-stage procurement procedure in which the contracting authority first selects, by means of a call for competition, a limited number of suitable undertakings and then invites only those selected candidates to submit a bid.

Last updated: January 2026 · Legal basis: Art. 28 Directive 2014/24/EU, § 119(3) GWB, § 17 VgV, §§ 32 ff. BVergG 2018

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What is the restricted procedure?

The restricted procedure is, alongside the open procedure, the second standard type of procedure in the above-threshold range and combines a public call for competition with a restricted bidding phase. Unlike the open procedure, not every undertaking may submit a bid; only the candidates selected by the contracting authority following the call for competition are invited to submit a bid.

The restricted procedure is appropriate where:

• The contracting authority wishes to limit the pool of bidders in a meaningful way
• It is more efficient to pre-assess suitability before the bidding phase
• Complex services require pre-selection of particularly suitable undertakings

Procedural sequence

The restricted procedure is divided into two clearly separated phases: the public call for competition and the actual bidding phase.

Phase 1 – call for competition:

1. Public notice of the call for competition (TED in the above-threshold range)
2. Any interested undertaking may apply to participate
3. The contracting authority assesses suitability (technical ability, capacity, reliability)
4. The contracting authority selects at least five suitable candidates (§ 51(2) VgV)

Phase 2 – bidding phase:

1. Selected candidates receive the procurement documents
2. Time limit for bid submission (at least 30 days, §§ 15 ff. VgV)
3. Bid examination and evaluation
4. Award of contract

Minimum number of candidates

Under § 51(2) VgV and Art. 65(2) Directive 2014/24/EU, the minimum number of candidates to be invited to submit a bid is five, provided a sufficient number of suitable candidates is available. A maximum number may also be set. Contracting authorities must publish the selection criteria in advance in the contract notice.

Time limits in the restricted procedure

Minimum time limits in the restricted procedure are shorter than in the open procedure, since the actual bidding phase is compressed:

Time limit	Standard duration	Reduction possible
Participation period	30 days	to 15 days in urgent cases
Bid period	30 days	to 10 days in urgent cases

Austria: restricted procedure under BVergG 2018

In Austria, the BVergG 2018 refers to the restricted procedure as "restricted procedure with prior notice" (§§ 32 ff. BVergG 2018). The basic structure corresponds to German law; the minimum number of candidates to be invited is also five.

FAQ

When should the restricted procedure be preferred over the open procedure? Contracting authorities may in principle choose freely between the open and the restricted procedure (§ 119(2) GWB). The restricted procedure is particularly suitable for complex procurement where pre-selection is meaningful.

Can candidates not selected in the call for competition file a review application? Yes. Non-selection in the call for competition is a separately appealable decision and may be challenged within the applicable review time limits.

What happens if too few suitable candidates apply? Where fewer than five suitable candidates are available, the contracting authority may continue the procedure with those available; if the number falls below a meaningful minimum, it should cancel the procedure.

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