Signatory in Procurement Law 2026

Signatory in procurement law: the person authorised to sign bids and procurement documents – authority to represent and liability.

Definition: In procurement law, the signatory is the natural person who legally validly signs a bid, a request to participate or other procurement-relevant documents on behalf of a company or a bidding consortium, thereby making the document binding.

Last updated: January 2026 · Legal basis: §§ 164 et seq. BGB (authority); § 126 BGB (written form); BVergG 2018; VgV

Who is the signatory in procurement law?

The signatory plays a central role in procurement law, because bids and requests to participate must be legally binding and must therefore be signed by a person authorised to represent the bidder. If the signature is missing or comes from a person who does not have sufficient authority to represent the bidder, the bid may be formally defective and excluded from evaluation.

Requirements for the signatory

The signatory must be authorised to represent the bidder in a legally binding way. This authority arises either from:

Statutory representation: managing director, board member, authorised officer (within their statutory authority to represent the company)
Legal authority: general authority, special power, notarised power of attorney
Position as a corporate body: in the case of GmbH, AG, etc., the bodies authorised to represent the company

Contracting authorities can require proof of the signatory's authority in the procurement documents – typically by submitting an extract from the commercial register or a power of attorney.

Electronic signing

For electronic bid submission (e-procurement), the handwritten signature is replaced by an electronic signature. For procurement purposes, an advanced electronic signature is usually the minimum required; for documents subject to particularly strict formal requirements, a qualified electronic signature (QES) under the eIDAS Regulation may be required.

The identity of the signatory and their authority to represent the bidder must also be capable of being proven where signing is electronic.

Signing for bidding consortia

For bidding consortia (joint ventures), the bid must be signed either by all members or by an authorised member (lead company). The power of attorney granted by the other members must be attached to the bid. If the power of attorney is missing or incomplete, there is a formal defect.

Subsequent request where signature is missing

A missing signature on a bid is generally a formal ground for exclusion that cannot, in principle, be cured by a subsequent request. The signature is what makes the declaration of intent and is therefore essential to the bid; supplying it later would constitute a substantive change to the bid.

Related terms

FAQ

Can a bid be signed by an authorised officer (Prokurist)? Yes, provided the Prokura covers the conclusion of the contract for the tendered work. Restrictions (e.g. branch Prokurist) must be observed.

Does the signatory's power of attorney have to be attached to the bid? That depends on the requirements set out in the procurement documents. Contracting authorities can require a power of attorney to be submitted; for statutory representatives (e.g. managing directors of a GmbH), an extract from the commercial register is generally sufficient.

What applies for a GbR or a joint venture without its own legal personality? The representatives of the participating companies must each sign the bid for their own company or appoint a joint authorised representative.

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