A recent decision by the Hesse Chamber of Public Procurement (Ref.: 6940-2-VK-19/25 of 24 July 2025) illustrates the importance of a complete and formally correct tender submission in public tenders.

The case concerned a Europe-wide invitation to tender for workwear. A bidder submitted two main tenders, but failed to include the required fabric samples for one of them. Although the same fabric was used for both tenders, the awarding chamber confirmed the exclusion of the formally incomplete tender.

This judgement makes it clear that contracting authorities have no room for discretion in such cases: Clearly formulated „mandatory requirements“ in tender documents must be complied with. They cannot be overridden by considerations of proportionality or additional requirements.

Bidders must check the tender documents meticulously and submit all the required evidence on time to avoid exclusion. „If there are any ambiguities, they should immediately object to them as a complaint,“ recommends Rechtsanwalt Philipp Buslowicz.