Tender Evaluation in Procurement Law 2026 – Examination & Scoring

Definition: Tender evaluation is the central procedural step in a procurement procedure in which the public contracting authority systematically examines and scores all tenders submitted against award criteria established in advance, in order to identify the most economically advantageous tender.

Last updated: January 2026 · Legal basis: §§ 56 et seq. VgV, §§ 127 et seq. GWB (Germany); §§ 126 et seq. BVergG 2018 (Austria); Art. 67, 69 Directive 2014/24/EU

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What is tender evaluation?

Tender evaluation is the core process of every procurement procedure and decides which undertaking is awarded the contract. It follows a multi-stage sequence that is structured by statutory requirements and the criteria laid down in the procurement documents. The evaluation must be fully documented and traceable for all parties involved.

Overview of the evaluation stages

Tender evaluation is divided into four consecutive stages:

Stage 1: Formal examination

First, it is checked whether all tenders meet the formal minimum requirements. Tenders that were not submitted on time, lack a signature, are incomplete or breach the basic formal requirements are excluded from further evaluation. Formal defects may, under certain conditions, be remedied through subsequent requests under § 56 VgV.

Stage 2: Eligibility check

In the second step, the eligibility of the bidders is examined: professional competence, capacity and reliability. If the necessary evidence is missing or a bidder fails to meet the eligibility criteria, their tender is excluded. In the open procedure, the eligibility check is carried out on the basis of the documents submitted together with the tender.

Stage 3: Substantive examination / exclusion grounds

At the third stage, it is examined whether the tender complies with the substantive requirements of the specifications and whether exclusion grounds apply (e.g. tenders with impermissible amendments, abnormally low tenders). Speculative tenders or amended tenders are excluded unless the documents provide otherwise.

Stage 4: Economic evaluation / tender scoring

In the final step, all tenders still in the running are scored against the award criteria announced in advance and ranked. The contract is awarded to the tender with the best overall score.

Award criteria and their weighting

Award criteria and their weighting must be established and announced before the opening of tenders – any subsequent change is impermissible. Typical criteria include:

• Price (often 40–70 % of the overall score)
• Quality / technical value
• Delivery deadlines / time for performance
• Customer service and technical assistance
• Aesthetics and functionality (for design services)
• Environmental characteristics
• Life-cycle costs

Documentation of the evaluation

Each evaluation step must be documented in detail in the procurement file. The public procurement chamber or the procurement court may request the complete evaluation file in review proceedings. Defective or insufficient documentation may lead to the annulment of the award decision.

FAQ

May the contracting authority renegotiate tenders after tender opening? In the open and restricted procedures, negotiation on the content of tenders is generally prohibited. Only the subsequent submission of missing documents under strict conditions is permitted.

What is an "abnormally low tender" (ALT)? A tender whose price is significantly below the other tenders or the estimated contract value. The contracting authority must seek clarification from the bidder before excluding it (§ 60 VgV-DE, § 125 BVergG 2018-AT).

Can a bidder inspect the scoring of competitors? Only in the context of review proceedings and only to the extent that no business or trade secrets are affected.

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