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.