Examination of Tenders in Procurement Law 2026

Examination of tenders in procurement law: formal and substantive examination of tenders – grounds for exclusion, completeness, suitability and admissibility of the submitted tenders.

Definition: The examination of tenders is the legally regulated step in the procurement procedure in which the public contracting authority, after expiry of the tender deadline, examines the tenders received for their formal completeness, substantive admissibility and the suitability of the bidders.

Last updated: January 2026 · Legal status: §§ 56, 57 VgV, §§ 16, 16a, 16b, 16c VOB/A, § 42 ff. UVgO, BVergG 2018

What does the examination of tenders comprise?

The examination of tenders is a multi-step process that extends from the formal check for completeness, through the substantive examination for grounds for exclusion, to the suitability assessment of bidders. It must be completed before the actual evaluation of tenders (comparison of tenders on the basis of the award criteria). Only tenders that have successfully passed the examination are eligible for evaluation.

Formal examination

The formal examination assesses whether the tender meets the formal requirements set out in the procurement documents. In particular, the following is examined:

Timeliness of submission (receipt before expiry of the tender deadline)
Use of the prescribed forms
Completeness of all required documents and declarations
Signature / electronic signature
Compliance with the prescribed form (electronic or paper, as specified)

A tender that fails to meet essential formal requirements must be excluded; possibilities for remedy are limited.

Substantive examination

The substantive examination assesses whether the tender substantively meets the requirements of the specifications and does not contain any impermissible modifications. The following is examined:

Conformity with the specifications
Absence of impermissible modifications or reservations
Complete price information
Compliance with minimum technical requirements

Divergent tenders must in principle be excluded, unless the contracting authority has expressly permitted variants.

Suitability assessment

The suitability assessment determines whether the bidder possesses the personal, technical and economic suitability for the performance of the contract. The submitted evidence of suitability (references, certifications, turnover figures, number of employees) is examined against the suitability requirements set out in the procurement documents. The presence of grounds for exclusion (e.g. insolvency, tax debts, corruption offences) leads to exclusion.

Examination for abnormally low prices

If a tender appears to be abnormally low in comparison to other tenders, the contracting authority must initiate a price examination before taking the tender into consideration or excluding it. This examination takes the form of a request for clarification addressed to the bidder (see the price-examination article).

Documentation obligation

All examination steps and their results must be fully documented in the procurement file. Inadequate documentation can lead, in review proceedings, to exclusion decisions not being upheld.

FAQ

May the contracting authority request missing documents to be submitted subsequently? To a limited extent, yes. Subsequent submission is permissible for documents and declarations that are not relevant to competition, but not for price information or the substance of the tender.

What happens to excluded tenders? They are not taken into account in the evaluation. The bidder is informed of the exclusion.

Can a bidder challenge their exclusion? Yes, by means of a notice of objection and an application for review.

In what order do examination and evaluation take place? First the examination (exclusion check), then the evaluation (evaluation of tenders on the basis of the award criteria).

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