What does bid opening mean?
Bid opening (Submission), also called the opening of bids or the opening date, is the formal process of opening and reading out the bids received after the bid deadline has passed. This act marks a key point in the procurement procedure, because from this moment on the content of the bids becomes known to the contracting authority and the principle of confidentiality toward the bidders takes effect.
Historically, bid opening was a public event that bidders or their representatives could attend, and the key bid data such as bidder names and bid prices were read out. In construction procurement under VOB/A, bidders are still allowed to attend the opening date. Here, the bids are opened in the presence of the bidders who attend, and the final bid amounts are read out. This transparency is meant to ensure that no one tampers with the bids after they are opened.
With growing digitalization and the introduction of e-procurement, the bid opening process has changed. For bids submitted electronically, opening takes place digitally, and technical safeguards ensure that the bids can neither be viewed nor changed before the opening time. For supply and service procurement under the VgV (Public Procurement Ordinance), there is no public opening date. The awarding office opens the bids internally.
Relevance for bidders
The bid opening date matters to bidders for several reasons. First, it defines the absolute deadline for submitting bids. Bids received after the bid opening date are generally excluded, regardless of the reasons for the late submission. For electronic submission, the time stamp of receipt on the e-procurement platform is what counts.
In construction procurement, bidders have the right to attend the opening date and note down the information read out. This allows a first assessment of the competitive situation. Bidders learn right away how many competitors there are and what their bid prices are, which can be valuable for their further business strategy.
Legal framework
For construction work, Section 14 VOB/A governs the opening date in detail. Above the EU thresholds, the provisions are in Section 14 VOB/A-EU. For supplies and services above the thresholds, Section 55 VgV governs the opening of bids. The UVgO (Sub-Threshold Procurement Ordinance) contains corresponding rules for the range below the thresholds in Section 40. What matters is that the integrity of the bids is guaranteed until the opening time and that all bids are opened at the same time.