Variant (Alternative Tender)

A Variant, sometimes called an Alternative Tender, is a bid that proposes a different technical solution from the one specified in the procurement documents. It allows bidders to put forward innovative or superior alternatives when the prescribed specification may not represent the best available solution in the market.

What is a Variant (Alternative Tender)?

Article 45 of Directive 2014/24/EU governs the use of variants in European public procurement. The key rules are:

Variants must be explicitly permitted. A contracting authority cannot accept a variant tender unless it has stated in the contract notice that variants are permitted (or required). If the notice does not mention variants, any alternative submission must be treated as a non-compliant tender and excluded from consideration. Where an authority actively encourages variants, it may specify that they are required as well as permitted.

A conforming tender must also be submitted (in most cases). Under Article 45(2), where variants are permitted, authorities shall indicate the minimum requirements the variants must meet, and any specific requirements for their presentation. Authorities may also require that a conventional conforming bid accompanies any variant, so that the variant can be evaluated as an addition to, rather than a replacement for, a compliant submission.

Minimum requirements for variants must be published. The authority must state in the procurement documents what a variant must contain or achieve at minimum to be admissible. This prevents the submission of wildly speculative alternatives and gives all bidders an equal basis for developing alternative proposals.

Variants are evaluated on the same award criteria. A variant is not awarded on different terms from a conforming tender. The scoring methodology and weighting of award criteria apply equally to conforming and variant submissions. The variant simply proposes a different way of meeting the underlying requirement, and the authority evaluates whether that different way scores better than conforming alternatives.

Variants are particularly common in:

• Technology procurement, where the market can offer solutions the authority has not specified
• Construction and engineering works, where alternative designs or construction methods may offer structural or cost advantages
• Energy and environmental services, where innovative technologies may outperform conventional approaches
• Competitive dialogue and innovation partnership procedures, where exploring alternative approaches is inherent to the procedure design

Why Variants matter for bidders

If a contracting authority permits variants, this is an opportunity to differentiate your submission by proposing a genuinely superior approach to the one specified. A well-designed variant that meets the minimum requirements and scores strongly on technical merit and quality criteria can win a contract even if the conforming market is highly competitive.

The risk of a variant submission is that it may be found non-admissible if it fails to meet the minimum requirements specified by the authority. Always submit a compliant conforming tender alongside any variant, so that if the variant is rejected for non-compliance you retain a valid submission in the evaluation.

Variant submissions require additional preparation: you must demonstrate that your alternative meets the core functional requirement while offering the advantages you claim. Unsubstantiated assertions that a variant is superior will not score well on technical merit. Evidence, performance data, and case studies from comparable deployments are essential.

Example

A Swedish energy utility procures district heating system upgrades. The specification is based on a conventional gas boiler solution. The authority explicitly permits variants and states the minimum thermal output requirements and energy efficiency standards. A heat pump manufacturer submits a conforming gas boiler tender and a variant proposal based on an industrial heat pump system that meets the thermal output requirements with significantly lower operational carbon emissions. The variant is evaluated against the award criteria alongside conforming bids. The heat pump variant wins because its life-cycle costing and environmental quality criterion scores outweigh its higher capital cost.

Frequently Asked Questions

Can a variant be submitted if the notice does not mention variants?

No. Article 45(1) of Directive 2014/24/EU is clear that variants may only be submitted where the contracting authority has indicated in the contract notice that variants are permitted. An unauthorised variant submission will be treated as non-compliant and excluded from evaluation.

What happens if the conforming tender is excluded but the variant is admissible?

If the conforming tender is found non-compliant on grounds other than the variant itself, the situation depends on whether the authority required a conforming tender as a condition of the variant's admissibility. If yes, the variant also falls away. If no, the variant may be evaluated on its own. The procurement documents should clarify this in advance.

Can a bidder submit multiple variants?

Yes, provided the authority's documents do not restrict the number of variant submissions. Each variant must separately meet the minimum requirements. Where multiple variants are submitted, each is evaluated independently.