Variant-Bid Exclusion Clause in Public Procurement 2026

Definition: A variant-bid exclusion clause is a provision in the procurement documents by which the contracting authority expressly states that variant bids (alternative offers) are not admitted and will be excluded if submitted.

Last updated: January 2026 · Legal basis: § 35(1) VgV, § 17 EU-VOB/A, § 105 BVergG 2018

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What is a variant-bid exclusion clause?

Since, under § 35(1) VgV, variant bids are admissible only where the contracting authority has expressly authorised them in the contract notice or the procurement documents, the corollary is that, in the absence of such authorisation, variant bids are generally not admissible. A variant-bid exclusion clause makes this legal position explicit for bidders and avoids ambiguity as to whether variant bids are desired or admitted.

Form and content of the clause

A variant-bid exclusion clause is usually set out in the instructions to bidders or on the cover page of the procurement documents as a clear, unambiguous statement, for example: "Variant bids are not admitted" or "Alternative bids will not be considered."

Effect of the clause

Where the procurement documents contain a variant-bid exclusion clause and a bidder nevertheless submits a variant bid, that variant bid must be excluded; evaluation is not possible. A variant bid submitted contrary to the clause cannot be evaluated as a main bid either.

When do contracting authorities use this clause?

Contracting authorities exclude variant bids in particular where the specification of services is so precise and complete that alternative solutions cannot be meaningfully compared, or where comparability between bids is paramount.

Typical situations include:

• Standardised supply contracts (e.g. office supplies, standard software)
• Strictly normed construction works with prescribed materials
• Procedures in which maximum transparency and comparability of bids is the priority

FAQ

Must contracting authorities justify the exclusion of variant bids? No, no specific justification is required. The decision whether to admit variant bids lies within the discretion of the contracting authority.

Can a bidder challenge a variant-bid exclusion clause? If a bidder considers the clause unlawful — for example because it disproportionately restricts competition — it must raise an objection in good time before bid submission.

What applies if the procurement documents make no statement on variant bids? If the contract notice is silent on the question of variant bids, they are in principle not admitted (§ 35(1) VgV: admission only by express declaration).

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