Corrigendum

A corrigendum is a formal correction notice published to rectify errors in a previously published procurement notice without making substantive changes to the procurement itself. Corrigenda address clerical mistakes such as typographical errors, incorrect contact details, wrong reference numbers, or inadvertent date errors, ensuring that economic operators have access to accurate information when preparing their tenders. The corrigendum mechanism is distinct from a change notice, which communicates deliberate, substantive modifications to the procurement terms or conditions.

How It Works

When a contracting authority discovers an error in a published procurement notice, it must assess whether the error requires correction and whether the correction constitutes a material change to the procurement. If the error is purely clerical and does not alter the substance of the procurement (such as the scope, requirements, deadlines, or award criteria), the authority publishes a corrigendum.

The corrigendum process follows a structured workflow. First, the contracting authority identifies the error, either through internal review, feedback from economic operators, or quality assurance processes. Second, it prepares the correction notice, specifying the original notice reference, the section containing the error, the incorrect text, and the corrected text. Third, the corrigendum is submitted for publication through the same channel as the original notice, typically TED (Tenders Electronic Daily) for above-threshold procurements.

The corrigendum is linked to the original notice through a formal reference, using the Business Term BT-758 (Changed Notice Identifier) in the eForms standard. This linkage ensures that economic operators reviewing the original notice can easily identify that a correction has been published and access the corrected information.

In practice, the distinction between a corrigendum (error correction) and a change notice (substantive modification) is not always clear-cut. The eForms standard does not formally distinguish between the two at the data level, treating both as modifications to a prior notice. The classification depends on the nature and impact of the change. A correction to a misspelled organization name is clearly a corrigendum, while an extension of the tender submission deadline by two weeks would constitute a change notice. Borderline cases require the contracting authority to exercise judgment, considering whether the modification could affect any economic operator's decision to participate or the content of their tender.

When a corrigendum is published, contracting authorities should consider whether the original tender submission deadline provides sufficient time for economic operators to take account of the corrected information. While minor corrections (such as a typo in a phone number) are unlikely to require a deadline extension, corrections to more significant details (such as the delivery address or a technical specification reference) may warrant additional time. Article 47(3) of Directive 2014/24/EU requires that time limits be extended where significant changes are made to the procurement documents.

The publication timeline for corrigenda follows the same process as other notice types. For EU-level procurements, the corrigendum is submitted to the Publications Office of the European Union and published in TED, typically within five days of submission. National procurement platforms may publish corrections more quickly, sometimes within 24 hours.

Legal Framework

Article 51 of Directive 2014/24/EU requires contracting authorities to communicate changes and additional information relating to technical specifications, including corrections, to all economic operators participating in the procurement procedure. While the article does not use the term "corrigendum" explicitly, it establishes the obligation to ensure that all participants have access to the same correct information.

Article 47(3) of the Directive provides that where significant changes are made to the procurement documents, the contracting authority must extend the time limit for the receipt of tenders by a period proportionate to the importance of the change. This provision applies equally to changes resulting from error corrections and to deliberate modifications, ensuring that economic operators have adequate time to adapt their tenders.

The eForms Regulation (Commission Implementing Regulation 2019/1780, as amended) establishes the standardized format for publishing corrections. The BT-758 field identifies the notice being corrected, and the BT-14 field provides the section number within the original notice where changes have been made. The regulation does not create a separate form type for corrigenda; rather, corrections are published as modification notices referencing the original.

At the national level, Member States have implemented additional rules governing the correction of procurement notices. In Germany, the national procurement law (VgV) requires that corrections be published on the same platform as the original notice and that all known interested parties be directly notified. In France, the Code de la commande publique similarly requires that corrections be given the same publicity as the original notice and that submission deadlines be extended if the correction is significant.

The principle of transparency, fundamental to EU procurement law, underpins the corrigendum mechanism. Contracting authorities have a duty to ensure that all procurement information available to economic operators is accurate and complete. Failure to correct a known error could constitute a breach of the transparency principle and potentially provide grounds for a legal challenge.

Practical Examples

A contracting authority publishes a contract notice for road maintenance services and subsequently discovers that the email address listed for tender submissions contains a typographical error. The authority promptly publishes a corrigendum with the correct email address and notifies all economic operators that have downloaded the procurement documents. Since the error could have prevented tenders from being received, the authority also extends the submission deadline by five working days.

A regional health authority issues a notice for medical equipment supply and realizes after publication that the CPV code referenced in the notice is incorrect, listing the code for laboratory equipment rather than diagnostic imaging equipment. Although the descriptive text accurately describes the requirement, the incorrect CPV code means that suppliers searching by classification may miss the opportunity. The authority publishes a corrigendum with the correct CPV code and extends the deadline to allow additional suppliers to identify and respond to the opportunity.

A national procurement agency publishes a prior information notice announcing upcoming IT procurement activities and discovers that one of the estimated contract values contains an extra digit, showing EUR 50,000,000 instead of EUR 5,000,000. The corrigendum corrects the value to avoid misleading the market about the scale of the upcoming procurement.

Key Considerations for Suppliers

Suppliers should actively monitor corrigenda for any procurements they are considering or actively bidding on. Most procurement platforms provide notification features that alert registered users when corrections or modifications are published for notices they have viewed or downloaded. Ensuring that these notifications are enabled and monitored is essential for staying informed about corrections that may affect tender preparation.

When a corrigendum is published, suppliers should carefully assess its impact on their tender. Even corrections that appear minor may have implications for costing, technical approach, or compliance. For example, a correction to a delivery location, even if it seems like a simple address change, may affect logistics costs, local labour availability, or regulatory requirements.

Suppliers should be aware that corrigenda sometimes indicate broader issues with the procurement documentation. If a contracting authority publishes multiple corrigenda for a single procurement, this may suggest that the procurement documents were not fully developed before publication. In such cases, suppliers should consider submitting clarification requests to confirm their understanding of the requirements.

If a supplier identifies an error in a published notice that has not been corrected, it is in their interest to notify the contracting authority. This demonstrates professionalism and attention to detail, and ensures that the procurement is conducted on a sound basis. It may also trigger a deadline extension that provides additional preparation time.

Change Notice - A notice communicating substantive modifications to a procurement, distinct from error corrections
Notice - The general concept of a published procurement notice, of which the corrigendum is a specific modification type
Contract Notice - The most commonly corrected notice type, announcing the formal call for competition
Prior Information Notice - Another notice type that may require correction through a corrigendum
eForms - The standardized electronic notice format through which corrigenda are published

Frequently Asked Questions

Does a corrigendum reset the tender submission deadline?

Not automatically. A corrigendum only requires a deadline extension if the correction is significant enough to affect the preparation of tenders. Minor corrections such as typographical errors in organization names or contact details typically do not warrant an extension. However, corrections that affect technical specifications, submission instructions, qualification requirements, or other substantive elements should be accompanied by a proportionate deadline extension in accordance with Article 47(3) of Directive 2014/24/EU.

How can suppliers distinguish between a corrigendum and a change notice?

In practice, the formal notice format used for both is identical in the eForms system. Suppliers should assess the nature of the change described. If the modification corrects an obvious error (typo, wrong number, incorrect reference) without altering the substance of the procurement, it is a corrigendum. If the modification introduces a new requirement, changes the scope, extends deadlines deliberately, or alters award criteria, it is a change notice. When in doubt, suppliers should submit a clarification request to the contracting authority.

Can a contracting authority withdraw a notice instead of publishing a corrigendum?

Yes, in cases where the errors are so fundamental that correction is impractical, the contracting authority may cancel the notice entirely and republish it. This approach is typically reserved for situations where multiple critical errors exist or where the error affects the legal basis of the procurement. Cancellation and republication restarts the entire procurement timeline, whereas a corrigendum maintains the existing procedure with corrected information. For guidance on the EU procurement directives that govern these correction mechanisms, see our detailed explainer.

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