Tender in Public Procurement Law

A tender is the binding declaration of intent of a bidder to provide the works/services advertised at a specified price.

Definition: A tender in the procurement-law sense is the legally binding declaration of intent of an undertaking to provide the works/services advertised under the conditions set out in the procurement documents and at a specified price, which entitles the contracting authority, upon acceptance, to conclude a contract.

Last updated: January 2026 · Legal status: Directive 2014/24/EU, BVergG 2018, GWB/VgV

What is a tender?

The tender is the central act of the bidder in a procurement procedure: by submitting it, an undertaking commits to providing the works/services advertised under the specified conditions and at a specified price. The tender is addressed to the public contracting authority and forms the basis for the tender examination, evaluation and ultimately the award decision. Without a properly submitted tender, participation in the procurement procedure is not possible.

The tender must contain all information, declarations and evidence required by the contracting authority in the procurement documents. Incomplete tenders or tenders not submitted on time can — and in many cases must — be excluded from the procurement procedure.

Significance and function

The tender is the heart of competition in the procurement procedure: only by comparing several tenders can the contracting authority identify the most economically advantageous tender and make the award. From a legal perspective, the tender is a declaration of intent requiring receipt, which becomes effective upon receipt by the contracting authority. With the submission of the tender, the bidder is subject to the binding effect: it is bound by its tender for the entire duration of the tender validity period and cannot unilaterally withdraw or amend it during that time.

Requirements for an effective tender

For a tender to be considered in a procurement procedure, it must meet the following conditions:

Completeness: All required information, prices, declarations and evidence must be included.
Timeliness: The tender must be received by the contracting authority before expiry of the tender deadline. Late tenders must be excluded.
Form compliance: The tender must be submitted in the prescribed form (e.g. electronically via a procurement platform, in writing, or with a qualified electronic signature).
Substantive eligibility: The tender must not contain any inadmissible amendments to the procurement documents (alternative tenders only where expressly permitted).

Tender validity period

The tender validity period denotes the period during which the bidder is bound by its tender and may not withdraw it. The tender validity period is set by the contracting authority in the procurement documents and must be sufficiently long to allow examination, evaluation and award. Once the tender validity period has expired without an award, the binding effect ceases unless the bidder has consented to an extension.

Legal basis

The tender in procurement law is comprehensively regulated by European and national law.

EU: Arts 21, 22, 56 Directive 2014/24/EU (confidentiality, electronic communication, examination of tenders)
Austria: §§ 117 et seq. BVergG 2018 (tender deadline, opening, examination and evaluation)
Germany: §§ 53 et seq. VgV, § 16 VOB/A (examination and evaluation of tenders)

Related terms

FAQ

What happens if a bidder wishes to withdraw its tender after submission? During the tender validity period a unilateral withdrawal of the tender is not permitted. The bidder is legally bound by its tender. A withdrawal would generally lead to forfeiture of any tender security and may give rise to damages claims by the contracting authority.

May a contracting authority request supplementary information for an incomplete tender? Within certain limits, remedying defects (subsequent submission of missing documents) is possible. Missing price information or substantive defects, however, can generally not be cured. The exact rules follow the respective national procurement law.

Can an undertaking submit several tenders? In principle, an undertaking may submit only one main tender. Alternative tenders are only admissible where the contracting authority has expressly permitted them in the procurement documents. Multiple main tenders from the same bidder generally lead to exclusion of all of its tenders.

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