Technical Variant Bid 2026 – Definition and Admissibility in Procurement Law

Definition: A technical variant bid is an alternative bid that deviates from the technical requirements of the specifications but, in the bidder's view, represents an equivalent or better solution for fulfilling the procurement objective.

Last updated: January 2026 · Legal status: Art. 45 Directive 2014/24/EU, § 35 VgV, § 16 VOB/A, § 106 BVergG 2018

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What is a technical variant bid?

The technical variant bid gives bidders the opportunity to propose to the contracting authority a technically alternative solution that deviates from the specifications. Unlike the main bid, which offers exactly the tendered service at the price, the technical variant bid shows another – often more innovative, more economical or more sustainable – approach. It is therefore an important instrument for fostering innovation in public procurement.

The technical variant bid is to be strictly distinguished from the commercial variant bid, which deviates only in price or payment conditions, leaving the technical service unchanged.

Conditions for admissibility

Technical variant bids are only permitted if the contracting authority has expressly allowed them in the contract notice or procurement documents. Without such express permission, technical variant bids may not be evaluated and must be excluded from the procurement procedure. This applies above the EU thresholds under Art. 45 (1) Directive 2014/24/EU and under the German VgV and the Austrian BVergG framework.

The following conditions must be met cumulatively:

1. Express permission in the contract notice or procurement documents
2. Minimum requirements: The contracting authority must lay down minimum requirements that the variant bid must meet
3. Concurrent submission of a main bid: As a rule, the bidder must also submit a compliant main bid (depending on the national regulation)
4. Identification: The variant bid must be clearly identified as such

Minimum requirements as the test benchmark

The contracting authority is obliged to formulate minimum requirements so that technical variant bids can be evaluated fairly and comparably. If these minimum requirements are missing, variant bids may not be evaluated under case law (see CJEU, Case C-561/12 – Nordecon). The minimum requirements must be drafted so clearly that bidders can identify which deviations are permissible and the contracting authority can carry out an objective equivalence check.

Evaluation of technical variant bids

The evaluation of a technical variant bid follows the same award criteria as the main bid, provided the minimum requirements are met. First, the contracting authority checks whether the variant bid meets the minimum requirements set. If so, it is included in the evaluation and may, if appropriate, be awarded the contract if it performs better according to the award criteria than all main bids.

Importantly, the technical variant bid enters into direct competition with the main bid of the same bidder and with the bids of other bidders.

FAQ

Must a bidder necessarily also submit a main bid? Under German and Austrian rules, this is generally required unless the contracting authority specifies otherwise. Variant bids alone without a main bid are usually not admissible.

What happens if a technical variant bid does not meet the minimum requirements? It is excluded from the procedure and not evaluated. The bidder's main bid remains unaffected.

Can a technical variant bid be awarded the contract even if the main bid would not be the cheapest? Yes. If the variant bid meets the minimum requirements and represents the most economically advantageous bid according to the award criteria, it may be awarded the contract.

How must a variant bid be identified? It must be clearly designated as a "variant bid" and distinctly separated from the rest of the bid documents. Electronic procurement platforms usually have separate form fields for this.

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