Indicative Tenders and Negotiation: What do you need to know?

Is is possible to negotiate and round up indicative bids after your company has won the tender? Let’s have a look at this tribunal proceeding (BayObLG, Decision of 03.06.2022 – Verg 7/22):


Tribunal Decision

of 03.06.2022

Award 7/22

(1) The contracting authority may organise a negotiated procedure in such a way that deviations of the indicative tenders from individual award documents, insofar as they are not minimum requirements, are permitted and deviations from the desired contents of the tender may be eliminated in subsequent tender rounds.
2 This does not apply to the final bids, on which no further negotiations take place.
(3) If a bidder declares in its final bid that the service offered by it fulfils the required criteria, the contracting authority may generally rely on this performance promise even […]


In case of a procurement law query or uncertainty we highly recommend you to always collaborate with a procurement law expert, especially if you are bidding in a German proceeding. There are many regulations those need to be always taken into consideration when apply for tender in a European country. Make sure to contact us. We are certified specialists in procurement law.