What are Terms of Participation?
Terms of participation (German: Bewerbungsbedingungen) are a central part of the tender documents. They establish the formal rules for participating in the procurement procedure and inform bidders about all key framework conditions of the tender.
Legal Framework
- § 29 VgV: Content of tender documents
- § 8 EU VOB/A: Tender documents for EU-wide construction procurements
- § 21 UVgO: Tender documents below EU thresholds
Typical Contents
1. General procedure information: Type of procedure, contracting authority contact details, contract reference number, duration and deadlines.
2. Formal bid requirements: Submission deadline (date and time), bid validity period, language, currency, electronic submission method.
3. Suitability requirements: Evidence of expertise, financial and economic standing, technical and professional ability (references, staff), declarations on exclusion grounds (§§ 123, 124 GWB), pre-qualification certificates.
4. Award criteria: Weighting (e.g., 60% price, 40% quality), evaluation method, description of qualitative criteria, scoring scale.
5. Other provisions: Variant bids, joint ventures, subcontracting, communication channels, deadline for bidder questions, legal remedies.
Standard Forms
| Form | Use |
|---|---|
| EU standard forms (eForms) | Above-threshold notices |
| Form 211/212 | Federal construction (VOB) |
| Form 631 | Federal services (VgV) |
| State forms | Vary by federal state |
Binding Effect
The terms are binding for all parties. Non-compliance by the bidder can lead to exclusion; non-compliance by the authority constitutes a procurement violation.
Common Exclusion Grounds
- Late submission
- Wrong format (not via prescribed platform)
- Missing documents (without possibility of subsequent request)
- Missing signature
- Modifications to tender documents
- Missing declarations
Practical Tips
- Read terms completely and carefully
- Create a checklist of all required documents
- Note all deadlines in your calendar
- Use only the forms provided by the authority
- Submit bidder questions if anything is unclear
Patterno hilft
Patterno automatically extracts key information from the terms of participation — deadlines, suitability requirements, and award criteria. You can see at a glance whether a tender is relevant for your company and what documents you need to prepare.