Variant Bid Price in Procurement Law 2026
Variant bid price: the price of an alternative bid in a procurement procedure that departs from the tendered service. Admissibility and evaluation.
Definition: The variant bid price is the price quoted by a bidder for a variant bid (alternative bid) that departs from the service described in the procurement documents but promises an equivalent or better fulfilment of the procurement objective and which may only be evaluated where the contracting authority has expressly allowed variant bids.
Last updated: January 2026 · Legal basis: § 35 VgV, § 23 VOB/A-EU, BVergG 2018
What is a variant bid price?
The variant bid price is the price offered for a service that departs from the schedule of services, in the context of a variant bid (alternative bid). Variant bids are permissible under procurement law where the contracting authority expressly allows or requires them in the notice or in the procurement documents. Without express permission, variant bids are excluded from the competition.
The variant bid price is therefore to be distinguished from the price quoted in the main bid: bidders can simultaneously submit a main bid (based on the tender documents) and a variant bid (with an alternative solution and its own price).
Admissibility and minimum requirements
For a variant bid and the variant bid price it contains to be eligible for evaluation, the minimum requirements for variants set by the contracting authority must be met. These minimum requirements must mandatorily be set out in the procurement documents (§ 35 (2) VgV). They describe which deviations from the schedule of services are permitted and which qualitative or technical minimum standards the variant bid must meet.
If no minimum requirements are set out in the procurement documents even though the contracting authority has allowed variants, variant bids cannot, in principle, be evaluated.
Evaluation of the variant bid
The variant bid and its price are evaluated against the same award criteria as the main bid, provided that the variant meets the minimum requirements. The contracting authority compares the variant bid price with the price of the main bid and with other bids received on the basis of the most economically advantageous tender. In addition to price, quality and life-cycle cost criteria can also be taken into account.
A frequent practical issue is comparability: because the variant bid describes a different service, the contracting authority must ensure that the prices remain comparable.
Related terms
FAQ
Does a bidder have to submit a main bid alongside a variant bid? Yes. As a rule, a main bid is a precondition for the admissibility of a variant bid, unless the contracting authority provides otherwise.
How is the variant bid price assessed if it is lower than the main bid? The lower price is evaluated like any other bid against the previously defined award criteria. If the variant bid is the most economically advantageous, the contract may be awarded to it.
Can variant bids be submitted in the sub-threshold range? In principle yes, where the contracting authority expressly allows them. The rules in the sub-threshold range are less detailed, but the requirement of express permission remains.
Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialised in procurement law.
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