Tied Bid in Public Procurement 2026

Definition: A tied bid is a bid in which the bidder makes the submission of the offer or its pricing conditional on requirements that go beyond the scope of the tendered subject matter – e.g. on the simultaneous award of additional lots, the assumption of additional services, or the purchase of supplementary products – which is generally impermissible under public procurement law.

Last updated: January 2026 · Legal basis: BVergG 2018 § 129; VOB/A § 13 (4); procurement case law

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What is a tied bid?

A tied bid violates the principle of independent bid evaluation, because it impermissibly restricts the contracting authority in its decision over individual lots or services. If a bidder only submits an offer for Lot 1 on condition that it also receives Lot 2, the contracting authority can no longer evaluate and award lots independently of one another.

Typical forms of tied bids:

• Offers that apply only if several lots are awarded simultaneously
• Price conditions tied to the purchase of supplementary products
• Offers that presuppose the prior award of a follow-up contract

Legal consequences

Tied bids are impermissible under public procurement law and regularly lead to the exclusion of the bid in question. The contracting authority must not evaluate a tied bid, since it breaches the principle of equal treatment of all bidders and distorts competition. Bidders submitting tied bids risk having their entire offer excluded.

Exception: overall bids for tenders divided into lots

If the contracting authority has expressly permitted overall bids in the procurement documents, a bidder may submit a joint offer for several lots and refer to quantity rebates. This is not an impermissible tied bid, but an offer expressly invited by the contracting authority. The contracting authority then decides which division of lots is more economically advantageous.

Related terms

• Alternative bid
• Lots
• Bid

FAQ

What happens if a bidder, in its offer, refers to rebates it would grant on the award of several lots? This is only permissible if the contracting authority has expressly permitted overall bids. Otherwise, even such a reference constitutes an impermissible tied bid.

Can a bidder subsequently convert its tied bid into a regular offer? No. After expiry of the submission deadline, bids may no longer be amended in substance. An impermissible tied bid must be excluded.

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