Procurement documents must give bidders a common, sufficiently clear basis for their offers and for the resulting contract. A strong specification describes the actual need, while selection and award rules explain how participation and competition will be assessed.
Describe the requirement
Choose functional or technical specifications suited to the purchase. Identify minimum requirements, quantities, interfaces, acceptance and deliverables. Product references and restrictive characteristics need the justification and equivalence treatment required by the applicable law. Copying an incumbent’s data sheet is not an independent needs assessment.
Separate selection and award
Selection concerns the undertaking’s ability and eligibility. Award criteria compare the tenders and their contract-related value. Personnel quality can have a legitimate evaluation role in suitable circumstances, but the requirements and scoring must be properly designed. Avoid inconsistent wording between notice, forms, specification and evaluation matrix.
Make the contract executable
Payment, liability, rights, service levels, change procedures and exit arrangements should match the promised performance. Explain options and extensions sufficiently clearly. A requirement which cannot be verified or enforced may create apparent competition without reliable contract quality. Technical and legal reviewers should examine the same final version.
Clarifications and corrections
Use the designated communication channel and give material information equally to affected participants. Assess whether an amendment requires more time or another procedural response. Keep the procurement record and document versions traceable. A late answer must not silently replace a published minimum requirement or create an undisclosed scoring factor.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Conflicting quantities
The price schedule and specification use different volumes. Resolve the inconsistency before bidders price incompatible assumptions.
Example 2: Named component
A document specifies a manufacturer’s component. Examine lawful justification and equivalence rather than assuming the words “or equivalent” cure every restriction.
Example 3: Unclear quality score
Bidders are promised points for a good concept without usable parameters. Improve the disclosed evaluation framework and record how it is applied.
Example 4: Exit omitted
A cloud contract lacks export and transition rights. Address them before award so later supplier dependence is not built into the procurement.
Related topics
Award criteria and tender evaluation · Selection criteria, references and self-declarations · IT and cloud procurement in Germany · Contracting authority checklist
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 8 VgV · § 16 VgV · § 41 VgV · § 132 GWB
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.