10 Pitfalls in Tendering: How to Avoid Costly Mistakes

• Underestimating lead times and deadlines
• Formal errors (missing signatures, incorrect forms)
• Missing certificates and attachments
• Inadequate review of the service description
• Mixing up suitability and award criteria
• No clarification inquiries when uncertain
• Calculation and arithmetic errors
• Unlawful mixed pricing
• Neglecting procurement law requirements
• Poor market and competitor analysis

Introduction

Participating in public or private tenders offers companies significant opportunities, but also poses risks if avoidable mistakes are made. Especially in SMEs and for freelancers, the tendering process consumes valuable resources, and formal or content-related errors often lead to disqualification. In this article, we outline the ten most common pitfalls, explain their causes, and offer practical advice for submitting error-free bids in the future.

1. Underestimating lead times and deadlines

Properly estimating timelines is crucial in tendering. Many bidders underestimate how long it takes to set up technical access (e.g., in an eTendering system) or activate ID-based access, causing them to miss critical deadlines. Moreover, legal deadlines for clarification requests must be strictly followed—at least six calendar days before the submission deadline (four for non-open procedures). Using internal workflows with set milestones and buffer times, plus early system registration, helps reduce deadline stress and technical risks. [1][2]

2. Formal errors in the bid

Formal requirements may seem trivial but are often deal-breakers. Missing a signature or using the wrong form can result in immediate disqualification. Key tips:

• Use provided standard forms without modifications
• Include complete cover pages with correct project number and contact details
• Apply uniform formatting (e.g., PDF/A, no ZIP files unless requested)

Use a four-eyes principle and a digital checklist to minimize critical oversights. [3][4]

3. Incomplete or incorrect certificates and attachments

Required qualification documents (e.g., balance confirmations, ISO certifications, reference lists) are essential. Missing documents can invalidate your bid. Use a gap scanner in your document management system and proactively request permission to submit delayed files, to avoid disqualification. [5][6]

4. Inadequate review of service descriptions

The service description is your foundation. Unclear or incomplete descriptions can lead to planning errors, incorrect quantities, or liability risks. Ask:

1. Are all items clearly and exhaustively described?
2. Does your pricing model match the specifications?
3. Are there risk items that need clarification?

Flag ambiguities and submit formal bidder questions to protect against future claims. [7][8]

5. Mixing suitability and award criteria

Suitability criteria (e.g., experience, capacity) must be clearly separated from award criteria (e.g., price, quality). Referencing a project in price evaluation is not permitted. Structure your bid as follows:

• Part A: Evidence of suitability
• Part B: Pricing and quality in line with award criteria

Provide a separate table of contents to help reviewers. [9][10]

6. No or delayed clarification requests

Do not interpret unclear parts on your own—the bidder bears the risk. Submit formal questions within the deadline (at least six days before the deadline). Even if you miss it, you can still challenge unclear sections legally, which may lead to deadline extensions. [11][12]

7. Calculation and arithmetic errors

Typos or spreadsheet issues can be costly—a misplaced comma may drastically alter your pricing. Remember:

• “Simple calculation error” is not consistently defined
• Mistakes typically remain your responsibility

Use:

1. Automated tools with plausibility checks
2. Manual four-eyes review for cost positions
3. Version tracking for transparency

This minimizes surprises during submission. [13][14]

8. Unlawful mixed pricing

You must not manipulate item prices (e.g., underprice one and overprice another) to make the total look attractive. If identified, your bid will be rejected. Instead:

• Price each item at true cost plus standard markup
• Use a standardized pricing matrix
• Disclose key surcharges to avoid queries

This keeps your pricing compliant and credible. [15][16]

9. Ignoring legal procurement requirements

Beyond forms and formats, there are legal requirements: general procurement principles (transparency, non-discrimination) and sector-specific laws (e.g., VOB/A, UVgO, GDPR). Lack of awareness leads to disqualification. Regular training and legal support help:

• Stay updated on regulations
• Fulfill data protection and compliance rules
• Avoid potential discrimination risks

Ensure legal certainty at every stage. [17][18]

10. Poor market and competitor analysis

Bids don't exist in a vacuum—without market insight, your pricing may be off. Consider:

1. Determine market size: Look at past industry volume
2. Observe competitors: Understand their strengths, weaknesses, and offers
3. Assess trends/barriers: Spot new tech or rules affecting cost
4. Set your pricing baseline: Use actual benchmarks

Only with this data-driven approach can you improve your bid success rate. [19][20]

Conclusion

The ten most common mistakes in tendering can be avoided through structured processes, clear responsibilities, appropriate tools, and legal expertise. Use checklists, automate repeat tasks, and train your team regularly—this will boost your success rate and save time and resources.

Sources

1. Checklist for tender documents – DTVP
2. 7 Tips for Successful Participation – ANKÖ
3. Checklist – see 1
4. Avoiding Mistakes in Tenders – Vergabebrief
5. Missing Documents – Ahlers & Vogel
6. Submitting Missing Docs – Vergabe24
7. Handling Service Description Errors – bi-medien.de
8. Proper Service Descriptions – bauanwalt.de
9. Suitability vs Award Criteria – ILB
10. Mixing Criteria – IT-Recht Kanzlei
11. Rights and Duties for Bidder Questions – Vergabe24
12. Late Questions – see 11
13. Calculation Errors in Tendering – Wolf Theiss
14. Legal Tip on Calculation Errors – Haustec
15. Mixed Pricing in Public Tenders – Vergaberecht-Ratgeber
16. Suspicion of Mixed Pricing – Rödl & Partner
17. Common Legal Mistakes in Procurement – CompliancePraxis
18. ... (continued)
19. Benchmarking & Market Analysis – various
20. ... (continued)