Variant Bids in Public Procurement 2026

Definition: Variant bids are alternative offers from bidders that depart from the subject matter or the conditions of the main bid and represent the bidder's own solution to the procurement need; they are admissible only where the contracting authority has expressly authorised them in the contract notice or the procurement documents.

Last updated: January 2026 · Legal basis: § 35 VgV, Art. 45 Directive 2014/24/EU, § 17 VOB/A EU, § 105 BVergG 2018

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What are variant bids?

Variant bids give bidders the opportunity, alongside the required main bid, to propose an alternative technical or commercial solution that meets the contracting authority's procurement objective but departs from the prescribed specification of services. They are an instrument for tapping into bidders' market knowledge and innovation potential: undertakings are often aware of more economical or technically superior alternatives to the standard solution set out in the tender.

A variant bid is to be distinguished from a main bid: the main bid follows the contracting authority's specification of services; the variant proposes a different solution.

Conditions of admissibility

Variant bids are admissible only where the contracting authority has expressly authorised them in the contract notice (§ 35(1) VgV); without such authorisation, variant bids must be excluded, even if they are technically better or cheaper.

Further conditions:

• The contracting authority must set out minimum requirements for variant bids in the procurement documents
• The variant must meet the minimum requirements, otherwise it must be mandatorily excluded
• The bidder must, as a rule, submit a main bid together with the variant (exception: where the contracting authority has expressly waived the requirement for a main bid)

Evaluation of variant bids

Variant bids may be taken into account only if they meet the minimum requirements and if the award criteria can also be applied to them. The contracting authority may not prefer a variant bid solely because it is cheaper if this is not reflected in the award criteria. Comparability with the main bid must be ensured.

Variant bids in construction (VOB/A)

For works contracts under VOB/A EU, § 17 governs the admissibility of variant bids; the same fundamental principles apply as for supply and service contracts. Variant bids are particularly common in construction, where bidders propose alternative materials, construction methods or technical solutions.

Austria: variant bids under BVergG 2018

In Austria, variant bids are referred to as "alternative bids" (Alternativangebote) and are governed by § 105 BVergG 2018. The basic principles — express authorisation by the contracting authority, minimum requirements, accompanying main bid — correspond to German law.

Distinguishing variant bids

Term	Meaning
Main bid	Bid in accordance with the contracting authority's specification
Variant bid	Alternative bid with the bidder's own proposed solution
Optional item	Optional position in the bill of services (not the same as a variant bid)
Modification proposal	Technical improvement suggestion without a self-contained variant bid

FAQ

Must a bidder always submit a main bid together with a variant bid? In principle yes, unless the contracting authority has expressly waived the requirement of a main bid. Without a main bid, a variant bid is generally to be excluded.

May a contracting authority prefer a variant bid that is cheaper than all main bids? Yes, but only if the lower price is reflected in the award criteria and the variant bid meets all minimum requirements.

What are the minimum requirements for variant bids? The minimum requirements are set by the contracting authority in advance in the procurement documents. They describe the minimum level of service quality or technical standards that a variant bid must satisfy in order to be taken into account.

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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.