Restricted Tender with Call for Competition 2026

Restricted tender with call for competition: two-stage procurement procedure with pre-selection of suitable bidders. Process, conditions and legal basis.

Definition: The restricted tender with a call for competition is a two-stage procurement procedure in which the contracting authority first invites applications publicly, selects suitable candidates from the applications received and then invites only those selected candidates to submit a tender.

Last updated: January 2026 · Legal basis: § 17 UVgO, § 3a para. 1 no. 2 VOB/A, § 3 para. 3 UVgO, BVergG 2018

What is the restricted tender with a call for competition?

The restricted tender with a call for competition combines the openness of public competition with the efficiency of a pre-selected pool of bidders: anyone can apply, but only the most suitable are invited to prepare a tender.

This procedure applies in the German below-threshold range and, in the above-threshold range, corresponds to the "restricted procedure" (Art. 28 Directive 2014/24/EU). In Austria, the analogous procedural form is also provided for. It is particularly suitable for contracts where a pre-selection of suitable bidders is sensible because many interested parties are expected or where particular suitability requirements exist.

Procedure

The procedure is divided into two clearly separated phases, linked by the contracting authority's selection decision.

Stage 1: Call for Competition

The contracting authority publishes a notice inviting all interested undertakings to submit an application to participate. The suitability requirements and the selection criteria are announced in the notice.

Interested undertakings submit their application with the required evidence of suitability. The contracting authority examines the applications received against the defined suitability criteria and selects a certain number of suitable candidates to submit tenders. In the below-threshold range, at least three candidates must be invited to submit tenders (§ 17 para. 2 UVgO).

Stage 2: Tender Phase

Only the candidates selected in Stage 1 receive the full procurement documents and are invited to submit a tender. Stage 2 then proceeds in a manner similar to a restricted tender: tenders are submitted, examined and evaluated; the contract is awarded to the most economically advantageous tender.

Advantages of the Procedure

The restricted tender with a call for competition offers advantages for both contracting authorities and serious bidders.

For contracting authorities: fewer tenders to examine, less effort in evaluation, more targeted selection of capable undertakings
For bidders: those selected in Stage 1 have a realistic chance of winning; no waste of calculation effort in cases of obvious unsuitability

When is this Procedure Permissible?

In the below-threshold range, the contracting authority may choose the restricted tender with a call for competition at its discretion; in the above-threshold range, the restricted procedure can be chosen only under certain conditions or without restriction (depending on the rule).

In Germany, § 17 UVgO regulates the conditions for supply and service contracts and § 3a VOB/A regulates them for construction works. The choice of procedure is in principle at the contracting authority's discretion but must be proportionate and reasoned.

FAQ

What is the difference from the restricted tender without a call for competition? In the restricted tender without a call for competition, the contracting authority selects the undertakings to be invited directly and without prior public notice. With a call for competition, by contrast, the procedure is initially open to all interested parties.

How many candidates must be invited in Stage 2? In the below-threshold range, at least three (§ 17 para. 2 UVgO). In the above-threshold range (restricted procedure) at least five (Art. 65 para. 2 Directive 2014/24/EU).

Can a candidate rejected in Stage 1 apply for review? Yes. Rejection in the call for competition is a challengeable decision. The rejected candidate must, however, complain about the alleged procurement law violation without delay.

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