What is a Bidder Question?
A bidder question (German: Bieterfrage) is a written inquiry from a bidder to the contracting authority to clarify ambiguities, contradictions, or gaps in the tender documents. Bidder questions are an important instrument for ensuring transparency and equal treatment in procurement procedures.
Legal Framework
Above EU thresholds:
- § 97(1) GWB: Transparency principle
- § 9(3) VgV: Communication in procurement – generally electronic
- § 29 VgV: Content of tender documents – must be clear and comprehensible
Below EU thresholds:
- § 13 UVgO: Communication
- § 14 VOB/A: Questions and answers regarding tender documents
Formal Requirements
- Form: Written (email or via procurement platform); oral questions are inadmissible
- Deadline: Tender documents usually set a deadline for questions (e.g., 6 days before bid submission)
- Anonymity: The questioner's identity is generally not disclosed; answers are distributed anonymously to all bidders
Contracting Authority's Obligations
- Duty to respond: Proper and complete answers
- Equal treatment: All bidders receive the same information
- Circular distribution: Answers distributed as bidder information to all bidders
- Timely response: In time for bidders to adjust their bids
- Documentation: Must be recorded in the procurement report
Common Question Types
- Technical: Clarification of specification items, technical requirements, scope boundaries
- Formal: Required documents, forms to use, whether variant bids are permitted
- Pricing: Quantities, unit vs. lump-sum pricing, hourly rate scopes
- Suitability: Reference requirements, minimum turnover, staff qualifications
Strategic Importance
For bidders: Avoiding calculation errors, achieving favorable interpretation, documenting contradictions (important for later objection), influencing requirement specification.
For the authority: Identifying errors before bid submission, opportunity for correction, avoiding review proceedings through early clarification.
Duty to Object
If a bidder recognizes a procurement violation through the documents or bidder answers, they must object immediately under § 160(3) GWB. Failure to do so forfeits the right to review.
Practical Tips
- Ask early — submit questions as soon as possible
- Be precise — reference specific documents and page numbers
- Name contradictions — clearly describe the ambiguity
- Review answers — carefully evaluate all bidder information
- Document — archive all questions and answers
Patterno hilft
With Patterno, you never miss bidder information. Our platform automatically notifies you when the authority publishes answers to bidder questions or makes changes to tender documents, ensuring you always have the latest information to adjust your bid.