Accelerated Procedure in Procurement Law 2026
Accelerated procedure in procurement law: shortening of minimum deadlines in cases of urgent need. Conditions under Directive 2014/24/EU.
Definition: The accelerated procedure refers to the option, in the above-threshold range, to shorten the statutory minimum deadlines for the submission of tenders or for the call for competition, where the contracting authority can demonstrate a sufficiently justified urgent need that makes compliance with the standard deadlines impossible or unreasonable.
Last updated: January 2026 · Legal basis: Art. 27 para. 3, Art. 28 para. 6 Directive 2014/24/EU, § 15 para. 3, § 16 para. 7 VgV
What is the accelerated procedure?
The accelerated procedure is not an independent type of procedure, but an exception within the open and restricted procedure that allows the minimum deadlines to be shortened in cases of demonstrated urgency.
The EU Procurement Directive 2014/24/EU and the German procurement regulations (VgV, SektVO) generally provide for a minimum tender deadline of 35 days in the open procedure. In the restricted procedure, the minimum deadline for the call for competition is 30 days and a further 30 days for the subsequent tender phase. These deadlines can be substantially shortened in the accelerated procedure.
Conditions for the Accelerated Procedure
The shortening of deadlines is only permissible under strict conditions and must be objectively justified.
The urgency must:
- Exist objectively – i.e. be caused by circumstances which the contracting authority could not have foreseen and for which it is not responsible
- Not be self-caused – anyone who plans a contract without sufficient time buffer cannot rely on their own planning shortcomings as grounds for urgency
- Be proportionate – the shortening of the deadlines may only go as far as is necessary to remedy the urgent situation
Typical recognised grounds for urgency:
- Unforeseen failure of a service provider (e.g. insolvency of the previous contractor)
- Natural disasters or extraordinary events
- Unforeseeable political or legal changes requiring immediate action
Shortened Deadlines in the Accelerated Procedure
The Directive lays down concrete minimum deadlines for the accelerated procedure.
| Procedure | Standard Deadline | Shortened Deadline (accelerated) |
|---|---|---|
| Open procedure (tender deadline) | 35 days | 15 days |
| Restricted procedure (participation deadline) | 30 days | 15 days |
| Restricted procedure (tender deadline) | 30 days | 10 days |
Documentation Obligation
The contracting authority must carefully document the reasons for resorting to the accelerated procedure in the procurement file note.
A general assertion of urgency is not sufficient. The objective circumstances justifying the urgency must be set out concretely. Insufficient reasoning can lead to the unlawfulness of the procedure in a review.
Distinction from the Negotiated Procedure without Notice
The accelerated procedure must be strictly distinguished from the negotiated procedure without notice on grounds of urgency.
In the negotiated procedure without notice pursuant to Art. 32 para. 2 lit. c Directive 2014/24/EU (extreme urgency), the contracting authority may, under very strict conditions, dispense with public notice. This is a far more far-reaching exception than the mere acceleration of an otherwise ordinary procedure.
FAQ
Can the contracting authority freely choose the accelerated procedure? No. The accelerated procedure requires the existence of objectively justified urgency. It is not a simplification that may be chosen at will.
Are bidders necessarily disadvantaged in the accelerated procedure? A certain disadvantage due to shorter deadlines is inherent in the system. The contracting authority must, however, ensure that the deadlines are still sufficient to prepare meaningful tenders.
Is there also an accelerated procedure in the below-threshold range? In the below-threshold range, there are no rigid EU minimum deadlines, so the contracting authority can set deadlines more flexibly anyway. A separate rule on the "accelerated procedure" generally does not exist there.
Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.
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