Variant Bid in Public Procurement

Variant bid in public procurement: alternative solution to the tender, only permissible if expressly admitted. Art. 45 Directive 2014/24/EU, § 106 BVergG 2018, § 35 VgV.

Definition: A variant bid is an alternative offer submitted by a bidder that departs in certain respects from the requirements of the procurement documents and proposes an alternative solution to the tendered service, which is permissible only if the contracting authority has expressly authorised variants in the contract notice or the procurement documents.

Last updated: January 2026 · Legal basis: Art. 45 Directive 2014/24/EU, § 106 BVergG 2018, § 35 VgV

What is a variant bid?

A variant bid enables bidders to propose, in addition to or instead of the required main bid, an alternative solution that achieves the contracting authority's objective by different means. Variant bids are an instrument for promoting innovation in public procurement: they give bidders the opportunity to contribute their know-how and technical expertise, even where their preferred solution differs from the prescribed method of performance.

Variant bids are to be distinguished from alternative pricing, where a bidder offers several price options for the same service (alternative offer in the narrow sense). A variant bid is a self-contained solution with its own scope of services.

Significance and function

Variant bids foster innovation competition and enable contracting authorities to benefit from technical advances and creative approaches proposed by bidders, without having had to anticipate them when drafting the specifications. However, they presuppose that the contracting authority is able to evaluate variants appropriately — which is possible only where clear minimum requirements and suitable award criteria have been defined.

Variant bids therefore require careful planning by the contracting authority: the minimum requirements must be drafted in such a way that alternative solutions remain possible while still allowing meaningful comparison with the main bid.

If a variant bid is admitted, the contracting authority may, under Art. 45(2) Directive 2014/24/EU, even lay down minimum requirements that alternative solutions must meet.

Distinction from the main bid

The main bid corresponds exactly to the requirements of the procurement documents and — unless the contracting authority has expressly waived this requirement — must be submitted together with any variant bid. A bidder who submits only a variant bid without an accompanying main bid risks exclusion of its variant where the contracting authority requires parallel submission of the main bid.

Conditions of admissibility

Variant bids are admissible only where the contracting authority expressly authorises or requires them in the contract notice or the invitation to confirm interest. In the absence of such authorisation, the contracting authority must disregard any variant bids submitted (Art. 45(1) Directive 2014/24/EU, § 106 BVergG 2018, § 35 VgV).

Legal basis

Variant bids are governed by Art. 45 of Directive 2014/24/EU and transposed into the national procurement laws of EU Member States.

Art. 45 Directive 2014/24/EU – Variant bids
§ 106 BVergG 2018 – Variant bids (Austria)
§ 35 VgV – Variant bids (Germany)
§ 13(3) VOB/A – Variant bids in construction works (Germany)

Related terms

FAQ

What happens if the contracting authority did not authorise variant bids and a bidder nevertheless submits one? The variant bid must be disregarded by the contracting authority and may not be evaluated. However, the submission of an inadmissible variant does not automatically lead to exclusion of the same bidder's main bid.

Must a bidder always submit a main bid together with a variant bid? The contracting authority may stipulate that bidders may submit a variant bid only if they have also submitted a compliant main bid. Without such a requirement, it is possible to submit only a variant bid.

Can variant bids win the award? Yes. Where a variant bid meets the defined minimum requirements and is the most economically advantageous tender under the award criteria, it can be awarded the contract — even if it could be outperformed by a main bid of the same bidder.

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