You are certainly aware of your right to know the prices of the competition in construction contract procurement procedures. You are (still) allowed to look at the transcript of the bid opening. This applies both above and below the EU threshold. There are said to be bidders who participate in public tenders primarily for this reason. When do you ever find out how much other companies charge for the same service?
Legal situation below the threshold
In national construction procurement procedures, you must be “allowed” to inspect the transcript and its amendments. That is, you should make a request. If you request it, the contracting authority must inform you immediately of the names of the bidders and the final amounts of the bids read out and recalculated, as well as the number of supplementary bids after the arithmetical check.
Legal situation above the threshold
Above the EU threshold, i.e. in Europe-wide award procedures, no application is even required. Here, the contracting authority provides the bidders with the aforementioned information electronically without delay. What is meant here is the so-called compilation of the offers. This is an excerpt — albeit a very important one — from the minutes of the bid opening. However, it is not the entire transcript of the bid opening. In this respect, too, a kind of application requirement was smuggled in: The bidders must be “allowed” to inspect the minutes and their addenda.
When you should submit the application
If you are wondering when you should submit the request for inspection or transmission, you will find no clear timing regulation in the law. It is conceivable to make the request in the cover letter accompanying the offer. For this, however, you would have to use such a cover letter in the first place. I usually advise against this, if only because of the risk of accidentally changing the tender documents. It seems better to me to have a standard letter ready. And upload this letter via the award platform one day after the bid opening. All you need is a proper standard letter that covers all conceivable cases and, of course, a properly registered resubmission.
If this right will be preserved for you? We’ll see what the future holds. There is no comparable institute for procurement of goods and services. The criticism in the case of construction contracts has been around for a long time. Therefore, you should observe the development of the legal situation. Not that you will make the request one day, although your right of inspection has already been deleted from the VOB/A.
*This legal tip is not a substitute for legal advice in individual cases. By its very nature, it is incomplete, nor is it specific to your case, and it also represents a snapshot in time, as legal principles and case law change over time. It cannot and does not cover all conceivable constellations, serves entertainment and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.