Federal Court of Justice: Bidders may submit more than one offer

During a tender procedure for carpentry work, a tenderer
submitted two tenders which differed concerning the inclusion
of a subcontractor and the allocation of two unit prices to certain
items in the list of services, which resulted in slightly different
overall prices. The tenders were submitted  shortly after each other. After the awarding authority had canceled the tender because of an
alleged cost overrun, the Federal Court of Justice had to deal, inter
alia, with the question of whether the submission of several major
offers by the same bidder was permissible.
The German Federal Court of Justice has answered the question in the positive sense. Insofar
as the offers differ not only in the price, but also in terms of the
offered service, without being able to be classified as a variation, each bidder may submit several offers.