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.