Tender Opening in Public Procurement Law 2026

Definition: The tender opening (also: opening of bids or submission session) is the formal session at which, after the tender deadline has expired, the contracting authority opens the bids received, records their submission and – in classic paper-based procedures – announces the basic bid data to the tenderers.

Last updated: January 2026 · Legal basis: § 125 BVergG 2018; § 55 VOB/A; Art. 53 Directive 2014/24/EU

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What is the tender opening?

The tender opening marks the transition from the bidding phase to the evaluation phase of the procurement procedure and serves the formal, transparent opening of bids received by the deadline. It is a central transparency instrument of procurement law: the public or at least documented opening ensures that no bid can be altered after the event or selectively excluded.

In classic paper-based procedures, bids were submitted in sealed envelopes and opened together at the opening session. In electronic procurement procedures, the opening is performed by activating electronic access on the procurement platform; the underlying principles remain the same.

Procedure of the tender opening

The tender opening follows a statutorily prescribed procedure that ensures equal treatment of all tenderers and protects the procedure from manipulation.

Typical steps:

1. Recording of bids received – All bids received by the deadline are logged; late bids are set aside unopened.
2. Opening of the bids – In the predetermined order, the bids are opened (physically or electronically).
3. Reading out of key data – At an open opening session, the tenderer's name, bid price and key features of the bid are read out.
4. Recording – A record of the opening is drawn up and signed by the representatives present.
5. Provision of the record – Tenderers present receive a copy; absent tenderers receive the record by post.

Tenderers' rights to attend

Tenderers have the right to attend the tender opening in person or by representative; this right secures the transparency of the procedure and is an expression of the principle of equal treatment in procurement law. However, attendance at the opening does not give a right to full inspection of competitors' bids – this is generally only possible after the procedure has been concluded and with restrictions (protection of trade secrets).

Tender opening in electronic procurement

In the electronic procurement procedure, which is now the rule in Austria and Germany, the tender opening is replaced by time-controlled electronic access to the bids submitted. The procurement platform automatically logs the time of receipt of each bid and the opening process. After the opening, tenderers can access the opening record via the platform.

Electronic opening meets the same requirements for transparency and protection from manipulation as the classic tender opening, but the physical gathering element is omitted.

Consequences of procedural defects

Procedural defects at the tender opening – such as premature opening of individual bids, failure to open bids received in time, or missing records – can give grounds for challenging the award decision. Tenderers prejudiced by such defects can initiate a review procedure.

FAQ

Must a tenderer attend the tender opening? No, attendance is a right, not an obligation. Late bids are rejected unopened regardless of whether the tenderer is present.

What information is announced at the tender opening? Generally the tenderer's name, the total bid price and, where appropriate, key bid features. More detailed bid documents are not read out.

What happens to bids received late? They are not opened and must be returned to the tenderer unopened. No substantive review takes place.

Is there still a tender opening in electronic procurement procedures? The term is still used, but the character changes: the opening occurs automatically through the platform at the specified time; there is no physical session.

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