What is a Restricted Procedure?
The Restricted Procedure (German: Nichtoffenes Verfahren) is a two-stage procurement procedure governed by § 16 VgV (above EU thresholds) and § 3a EU VOB/A (for construction works). Unlike the open procedure, it follows two distinct phases: a pre-qualification stage and the actual bidding phase.
When is the Restricted Procedure Used?
The restricted procedure is preferred for:
- Complex projects where only technically qualified companies can submit meaningful bids
- Security-sensitive procurements, such as defense or critical infrastructure
- Contracts with high technical requirements, where pre-selection ensures bid quality
- Situations expecting many bidders, to limit evaluation effort
The Two-Stage Process
Phase 1 – Participation Competition: The authority publishes a notice inviting companies to submit participation requests. Eligibility criteria – such as references, turnover, technical staff, or equipment – are defined in advance. At least five suitable candidates must be invited to bid (§ 51 VgV).
Phase 2 – Bidding Phase: Only selected candidates receive tender documents and may submit bids. Award criteria follow the most economically advantageous tender principle.
Difference from Open Procedure
| Feature | Open Procedure | Restricted Procedure |
|---|---|---|
| Participants | All interested bidders | Pre-qualified bidders only |
| Phases | Single-stage | Two-stage (qualification + bid) |
| Negotiation | Not permitted | Not permitted |
| Min. bidders | No requirement | At least 5 |
Patterno-HIT for Restricted Procedures
Restricted procedures often have shorter participation deadlines than open tenders. With Patterno-HIT, you receive instant notifications when a relevant restricted procedure is published – across all procurement platforms.