What does variant bid mean?
A variant bid is a bid that departs from the requirements in the tender documents in technical, economic or legal terms and proposes an alternative solution to the contracting authority. Unlike the main bid, which sticks strictly to the specification, a variant bid lets the bidder contribute its expertise and offer innovative or lower-cost alternatives.
The contracting authority must expressly state in the contract notice that variant bids are allowed. Above the EU thresholds, variant bids are only allowed if the contract is awarded to the most economically advantageous bid and not solely to the lowest price. The contracting authority can also set minimum requirements that variant bids must meet. These minimum requirements are meant to ensure that the alternative offered meets the essential functional requirements of the project.
Variant bids can only be submitted in addition to a main bid, unless the contracting authority has specified otherwise. In some procurement procedures, the contracting authority rules out variant bids from the start, which must be stated accordingly in the contract notice. Variant bids are evaluated using the same award criteria as the main bids.
Facts & figures
| Indicator | Value |
|---|---|
| Legal basis above the thresholds | Section 35 VgV |
| Legal basis for construction work | Section 13(3) VOB/A |
| Legal basis below the thresholds | Section 25 UVgO |
| EU directive | Art. 45 Directive 2014/24/EU |
| Requirement above the thresholds | Award to the most economically advantageous bid (not price alone) |
| EU threshold for supplies and services (2026–2027) | EUR 216,000 net |
Relevance for bidders
Variant bids give bidders a valuable way to stand out from the competition. By submitting a well-thought-out variant bid, a bidder can show its capacity for innovation and its expertise. Especially on technically complex contracts, variant bids can lead to considerable cost savings or quality improvements.
When preparing variant bids, bidders should check carefully whether variant bids are allowed at all and which minimum requirements apply. The variant bid must be clearly marked as such and must describe the differences from the main bid clearly. A poorly documented variant bid cannot be evaluated and is excluded.
Legal framework
Above the EU thresholds, variant bids are governed by Section 35 VgV (Public Procurement Ordinance). For construction work, the provisions are in Section 13(3) VOB/A. Below the thresholds, Section 25 UVgO (Sub-Threshold Procurement Ordinance) governs whether variant bids are allowed. EU Procurement Directive 2014/24/EU contains corresponding rules in Article 45. What matters is that the contracting authority sets out the minimum requirements for variant bids clearly and unambiguously in the tender documents, so that all bidders have the same conditions.