What is a Subsequent Request for Documents?
A Subsequent Request for Documents (Nachforderung) is a request by the contracting authority for a bidder to submit missing, incomplete, or defective documents within a set deadline. It prevents bids from being excluded due to formal deficiencies.
What Can Be Requested?
Permissible: Self-declarations, certificates, commercial register extracts, clearance certificates, reference lists (if not evaluation-relevant)
Not permissible: The bid itself (prices, service description), documents affecting the economic evaluation, information that would influence competition
Obligation or Discretion?
- Above EU thresholds (VgV): The authority has discretion
- Below EU thresholds: Also discretionary
- Construction (VOB/A): Differentiated rules with partial obligation
- Equal treatment must be maintained for all bidders
Deadlines
A minimum of 6 calendar days must be granted. After the deadline, late submissions are generally excluded. Extension is at the authority's discretion.
Practical Tip
Bidders should verify all required documents against a checklist before submission. Formal exclusion due to missing documents is particularly frustrating when the bid would have been competitive. Not every authority uses the option to request missing documents.