Archiving Period in Public Procurement Law 2026

Definition: The archiving period in public procurement law denotes the statutorily prescribed minimum period for which public contracting authorities must retain all documents from a procurement procedure to ensure transparency, traceability and oversight.

Last updated: January 2026 · Legal status: Art. 84 Directive 2014/24/EU, § 8 VgV, § 20 UVgO, § 17 BVergG 2018, budgetary regulations

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What is the archiving period in public procurement law?

The archiving obligation is a key expression of the procurement-law transparency principle and ensures that award decisions can be reviewed retrospectively. Public contracting authorities are required to retain all documents created or used in the course of a procurement procedure for a defined period. This includes in particular the procurement record, all received tenders, correspondence with bidders, and all evaluation documents.

Statutory Periods

The specific archiving periods vary between legal systems and the applicable rulebooks.

In Germany, § 8 VgV provides for a minimum retention period of three years from the date of contract award or cancellation of the procurement procedure for the procurement record and the essential documents. Budgetary regulations (e.g. for EU co-financed measures) may prescribe longer periods of up to ten years or more.

In Austria, § 17 BVergG 2018 provides for a retention obligation of at least five years; for EU co-financed projects, the rules of the relevant Structural Funds regulations apply, which may prescribe periods of up to ten years after project completion.

Scope of the Retention Obligation

It is not only the procurement record that must be retained but all documents required to reconstruct the procurement procedure. These include:

• Procurement record and all evaluation documents
• Received tenders and requests to participate
• Bidder communication (questions and answers)
• Notices and procurement documents
• Award letters and rejection letters
• Review decisions

Electronic Archiving

In e-procurement, all documents must be archived in such a way that their authenticity and integrity are permanently safeguarded. Electronic signature procedures and audit-proof archiving systems are advisable. The eIDAS Regulation and national signature laws must be observed.

FAQ

What happens if documents are destroyed prematurely? Premature destruction of procurement documents can have budgetary consequences and significantly complicate the defence against damages claims. In EU co-financed projects, it can lead to the loss of funding.

Does the archiving obligation also apply to cancelled procurement procedures? Yes. The retention obligation applies regardless of whether a procurement procedure was concluded with an award or cancelled.

Must the tenders of unsuccessful bidders also be retained? Yes. All received tenders, including excluded and unsuccessful tenders, are subject to the retention obligation.

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