Tender Assessment in Public Procurement Law 2026

Definition: Tender assessment (Angebotsbewertung) is the procedural step in a procurement procedure in which the contracting authority systematically assesses the formally admissible tenders against the award criteria and assessment methods previously laid down and announced, in order to identify the most economically advantageous tender.

Last updated: January 2026 · Legal status: Arts 67–69 Directive 2014/24/EU; §§ 127–131 GWB; §§ 25, 58 VgV; §§ 91 et seq. BVergG 2018

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What is tender assessment?

Tender assessment is the heart of the procurement procedure: it decides who receives the contract and must be carried out on the basis of pre-published, transparent and non-discriminatory criteria. The contracting authority is strictly bound to apply only the award criteria announced in the contract notice and procurement documents. Subsequent amendment of the evaluation matrix or weighting is a breach of procurement law.

Award criteria as the basis

The most economically advantageous tender within the meaning of Art. 67 of Directive 2014/24/EU is determined on the basis of the best price-quality ratio, assessed against price or cost criteria and qualitative criteria.

Admissible award criteria:

• Price / total cost (including life-cycle costs)
• Quality: technical characteristics, aesthetics, functionality, accessibility
• Environmental characteristics: carbon footprint, energy efficiency
• Social aspects: collective-bargaining coverage, training quota
• Innovation: novel solutions
• Organisation and qualifications of personnel
• After-sales service and technical assistance
• Delivery terms / delivery time

Not admissible as an award criterion: general corporate policy that has no direct link to the subject matter of the contract.

Assessment methods

The contracting authority must publish the assessment method and weighting in the procurement documents.

Common methods:

Price-point method

The price of the lowest tender receives the maximum score; more expensive tenders receive proportionally fewer points. Variants: linear interpolation, ratio method.

Utility-value analysis

Qualitative criteria are scored on an assessment scale (e.g. 0–10 points) and multiplied by their weighting. Price and quality points are added to give the total score.

Life-cycle costs (LCC)

Instead of the pure tender price, all relevant costs over the entire useful life are taken into account (acquisition, operation, maintenance, disposal).

Process of tender assessment

Tender assessment takes place in several stages.

1. Formal examination: Completeness, timeliness, signature
2. Suitability examination: Are all suitability documents present?
3. Substantive examination: Does the tender comply with the specifications?
4. Examination for grounds for exclusion: Grounds under §§ 123, 124 GWB
5. Price examination: In-depth tender examination for abnormally low prices
6. Evaluation under award criteria: Determination of the total score
7. Ranking: Establishment of the bidder ranking

Documentation duty

The entire assessment process must be documented in the procurement file in a complete and traceable manner. Missing or inadequate documentation is a frequent point of criticism in review proceedings and audits.

FAQ

May the contracting authority use price alone as the award criterion? Yes, price alone is a permissible award criterion if the contracting authority ensures that quality standards are covered by the specifications.

What happens if two tenders score equally? In a tie, the price normally decides. The contracting authority should announce a tiebreaker rule in the procurement documents.

Must the evaluation matrix be fully published in the procurement documents? Yes, criteria and weighting must be published in full. The precise scoring formula may, however, be protected.

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