Acceptance of Tender in Public Procurement Law 2026

Definition: Acceptance of the tender (Angebotsannahme) in the procurement-law context is the act of award, by which the public contracting authority accepts the tender of the most economically advantageous bidder and thereby brings the public contract into being — after expiry of the standstill period and compliance with all procurement-law requirements.

Last updated: January 2026 · Legal status: § 127 GWB; § 132 BVergG 2018; §§ 145 et seq. BGB; §§ 861 et seq. ABGB

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What is acceptance of tender in public procurement?

In procurement law, acceptance of the tender is legally the award: by it, the contracting authority accepts the tender of the chosen bidder and concludes the public contract. Under classic civil law, a contract is formed by matching declarations of intent (offer + acceptance). In public procurement law the conclusion of contract follows the same civil-law scheme — with the difference that the standstill period must be observed between the award decision and the actual signing of the contract.

The sequence in public procurement:

1. Award decision — Internal decision of the contracting authority on who is to be awarded
2. Bidder information (rejection + award notification) — Information to all bidders about the decision
3. Standstill period — Mandatory waiting period of at least 15 days (DE) or 7 working days (AT)
4. Award (acceptance of tender) — Formal declaration by the contracting authority to the successful bidder
5. Conclusion of contract — With the award or by separate contract signature

Award vs. award decision

The award decision and the acceptance of tender (award) are two different acts that fall apart in time. The award decision is an internal declaration of intent by the contracting authority that triggers the bidder information process but does not yet create a contract. The actual acceptance of tender — which gives rise to the contract — only takes place after expiry of the standstill period through the formal award.

Tender validity period and acceptance of tender

Bidders are bound by their tender for the duration of the tender validity period. Acceptance of the tender must occur within this period; once the tender validity period has expired, the tender has lapsed and the contracting authority cannot legally accept it any longer (§ 148 BGB). The contracting authority should therefore ensure that the tender validity period is sufficiently long to bridge the standstill period and any review proceedings.

Formal requirements

The award must be declared to the chosen bidder; the form is subject to procurement-law requirements. In the above-threshold sector, electronic transmission is the rule; many contracting authorities transmit the award via the procurement platform or by email with a legally binding signature. In some cases a formal contract is signed which then constitutes the actual acceptance of tender.

FAQ

Can a bidder withdraw its tender after the award decision? No, while the tender validity period is running. Once the tender validity period has expired but before the award is made, the tender may in theory have lapsed.

What is the difference between award and contract signature? The award is the legally binding acceptance of the tender and creates the contract. The contract signature is often only a declaratory act that documents in writing the contract already concluded.

Can the contracting authority challenge the acceptance of tender after the award? Only under very narrow conditions (e.g. fraudulent deception by the bidder). Setting aside under procurement law after award is generally not provided for.

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Last updated: January 2026 All information provided without warranty. For legally binding advice, consult a law firm specialising in public procurement law.