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Procurement procedures

Bidder questions

Bidder questions are queries from companies to the contracting authority to clear up unclear points in the procurement documents during an ongoing procurement procedure.

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What does bidder questions mean?

Bidder questions (Bieterfragen) are a key communication tool in the procurement procedure that lets interested companies clear up unclear points, contradictions or gaps in the procurement documents. The contracting authority is required to answer incoming bidder questions and to make the answers available to all bidders in anonymized form, to uphold the principle of equal treatment. Communication usually takes place via the relevant tender portal.

Bidder questions can relate to any aspect of the tender, for example technical requirements in the bill of quantities, suitability criteria, the evaluation method for the award criteria or formal requirements for the bid. The contracting authority must answer the questions promptly so that bidders can take the information into account when preparing their bids. If questions are answered only shortly before the bid deadline expires, this may make an extension of the deadline necessary.

Besides clarifying, bidder questions also serve to raise complaints (Rüge) about breaches of procurement law. If a bidder spots a requirement in the procurement documents that violates procurement law, such as a discriminatory product specification or an inadmissible suitability criterion, the bidder must raise this objection with the contracting authority without delay to keep open the option of review proceedings.

Relevance for bidders

Bidder questions are a strategically important tool for bidders. By asking targeted questions, you can gain clarity about the contracting authority's expectations and prepare a more precise and more competitive bid. At the same time, bidder questions document your effort to understand the requirements correctly, which can be relevant in later disputes.

Bidders should ask their questions in good time and meet the deadline for bidder questions set by the contracting authority. Questions received after this deadline can be rejected by the contracting authority. It is advisable to review the answers to all bidder questions carefully, because they become a supplementary part of the procurement documents and must be taken into account when preparing the bid.

Legal framework

The contracting authority's obligation to answer bidder questions follows from the principle of transparency under Section 97(1) GWB (German Act against Restraints of Competition). Section 20(3) VgV (Public Procurement Ordinance) governs the obligation to inform all bidders equally. Under Section 9 VgV, communication in the procurement procedure must generally take place electronically via tender portals. The bidder's duty to raise a complaint about identified breaches is set out in Section 160(3) GWB.

Related terms

Bid validity period (Bindefrist)
The bid validity period is the period during which a bidder is bound by the bid it submitted and may not withdraw or change it.
Bidding consortium
A bidding consortium is an association of several companies that submit a joint bid in a public tender.
Tender portal (Vergabeportal)
A tender portal is an electronic platform that contracting authorities use to publish tenders and handle all procurement communication.
Bid deadline
The bid deadline is the deadline set by the contracting authority within which bidders must submit their bids.
Bid opening (Submission)
Bid opening (Submission) is the formal act in which the bids received are opened and documented at a set time.
Capacity reliance (Eignungsleihe)
Capacity reliance lets bidders rely on the capacities of other companies to prove their suitability.
Award criteria
Award criteria are the evaluation standards set by the contracting authority, used to identify the most economically advantageous bid and award the contract.
Competitive call for participation (Teilnahmewettbewerb)
The competitive call for participation is the first stage of a two-stage procurement procedure, in which companies prove their suitability and are selected for the bidding phase.
Two-stage procurement procedure
A two-stage procurement procedure splits the procurement process into a participation phase for checking suitability and a following bidding phase for selected applicants.
Competitive dialogue (Wettbewerblicher Dialog)
The competitive dialogue is a procurement procedure for especially complex contracts, in which the contracting authority works out a solution together with selected applicants.