A tenderer who has a better idea than what the specifications prescribe naturally wants to offer it. But is this allowed? The answer depends on the distinction between variants and options — two instruments that are often confused but are fundamentally different in law.
Variants
Definition
A variant is an alternative solution that deviates from the basic solution in the specifications. The tenderer proposes a different technical approach, a different material or a different concept from what the authority has requested.
When are variants permitted?
The basic rule is strict: variants are only permitted if the specifications explicitly state so. The authority must indicate in the procurement documents that variants are permitted and what minimum conditions the variants must respect.
If the specifications say nothing about variants, they are prohibited. A tender that submits a variant while the specifications do not permit this contains a substantial irregularity and is excluded.
Condiciones
When the authority permits variants, it must:
- State the minimum requirements that the variant must meet.
- Specify the award criteria applicable to the variant (these may be the same as for the basic solution).
- Indicate whether a variant may only be submitted together with a basic tender, or also independently.
Free and mandatory variants
Free variant. The authority permits variants but does not require them. The tenderer may propose an alternative alongside its basic tender.
Mandatory variant. The authority explicitly requests a variant on a specific aspect. All tenderers must then submit both a basic tender and a variant.
Options
Definition
An option is not an alternative but a supplementary element that the authority may procure on top of the basic contract. It is a predefined additional work, supply or service whose execution depends on the authority’s decision.
Typical examples
- An extension option: the authority may extend the contract by 12 months.
- An expansion option: supply of 50 additional workstations on top of the 200 in the basic contract.
- A maintenance option: optional maintenance contract after the warranty period.
How are options evaluated?
If the specifications contain options, the authority states how these are factored into the assessment. The usual approach:
- The price of the option is added to the basic price for comparison.
- The technical assessment may take place separately or in an integrated manner.
- The authority is not obliged to procure the option — but if it does, the conditions from the specifications apply.
Options and estimation rules
Options must be included in the estimation of the contract value. If the basic contract is €120,000 and the option is €30,000, the estimated value is €150,000. This is relevant for determining the threshold and the applicable procedure.
Difference variant vs option
| Aspecto | Variante | Option |
|---|---|---|
| What is it? | Alternative solution | Supplementary element |
| Who initiates? | The tenderer | The authority |
| Relation to basic tender | Replaces or deviates | Supplements |
| Permission needed? | Yes, explicit in specifications | Defined in specifications |
| Effect on basic tender | Can be standalone or alongside | Always linked to basic |
Strategic use
Variants as competitive advantage
If the specifications permit variants, this is an opportunity to differentiate. An innovative variant that achieves the same results at lower costs or with better quality can make the difference — provided it meets the minimum requirements.
Note: always also submit a compliant basic tender, unless the specifications explicitly allow submitting only a variant. If your variant is rejected, you still have your basic tender as a safety net.
Pricing options strategically
With options, pricing is strategic. If the option is likely to be called off, price it realistically. If the option is unlikely, price it competitively low — the low option price improves your total score in the comparison.
Be cautious: if the option is called off and your price was too low, you still need to perform at that price.