Maximum Number of Lots Awarded to One Tenderer

The maximum number of lots awarded to one tenderer is the post-evaluation counterpart to the submission-stage cap. Where the maximum number of lots per tenderer controls how many lots a supplier may bid for, this rule controls how many a supplier may win, regardless of how well their tender scores.

What is the maximum number of lots awarded to one tenderer?

Article 46(3) of Directive 2014/24/EU permits contracting authorities to limit the number of lots that can be awarded to one tenderer. This rule must be stated in the contract notice before the procedure opens. It is applied after individual lot evaluations are complete, at the stage where the contracting authority is combining lot-level scores to determine final awards.

When a single supplier achieves the highest score on more lots than the cap allows, the contracting authority must use a predetermined methodology to decide which lots that supplier wins and which are offered to the next-ranked tenderer. This methodology, sometimes called a lot allocation strategy, must also be published in advance. Common approaches include awarding the supplier its highest-scoring lots first, or awarding the combination of lots that maximises overall value to the authority.

The requirement to publish the allocation methodology in advance is essential to legal certainty. A buyer who applies an undisclosed allocation rule after evaluation exposes the award to challenge.

Why this rule matters for bidders

The maximum lots awarded rule changes the expected value calculation for bidders who are competitive across multiple lots. A supplier that knows it can win at most two lots out of six should focus its proposal investment differently than if there were no cap. It should identify its two most profitable or strategically important lots and ensure its bids for those lots are as strong as possible.

The rule also creates indirect opportunity for mid-market suppliers. If the dominant player in a market is capped at two lots, the remaining lots become genuinely contestable for the next tier of suppliers. Understanding this dynamic is part of reading a multi-lot tender intelligently.

Bidders should also pay close attention to how the lot allocation strategy works when the cap is triggered. If a buyer will award the cap-limited supplier its two highest-value lots, then the lots most likely to fall to second-ranked bidders are the lower-value ones. If the buyer uses a combination-optimisation methodology, the picture is more complex and may be worth modelling before deciding which lots to target.

Example

A Danish government agency procures cloud infrastructure services across five lots. The contract notice states that no single tenderer may be awarded more than two lots. A large hyperscaler scores first across four lots. The allocation methodology states that the award-capped supplier receives the two lots on which it achieved the highest individual scores. The remaining two lots pass to the second-ranked tenderer on each. A mid-tier cloud services firm, which finished second on those two lots, wins both contracts despite not beating the hyperscaler outright.

Frequently Asked Questions

Is the allocation methodology always published in advance?

It must be, under EU procurement rules. If the contract notice or procurement documents do not specify the methodology for resolving the award cap, the buyer is not entitled to apply one after the fact. Bidders who notice a missing allocation methodology should raise it as a clarification question before the tender deadline.

Can the cap be set after evaluation based on market conditions?

No. The cap and the allocation methodology are fixed elements of the procurement design. They must be determined and published before the procedure opens. Post-evaluation adjustments to either would constitute a material change to the procedure and would expose the authority to legal challenge.

Does the award cap apply in single-lot procedures?

The award cap is only relevant in multi-lot procedures. A single lot tender by definition has only one contract to award, so the concept of limiting awards per tenderer does not arise. The cap is specifically a tool for managing competitive dynamics in complex lot division structures.