Award in Procurement Law
The award is the acceptance of the most economically advantageous offer by the contracting authority and establishes the public-law contract.
Definition: The award is the declaration of intent by the public contracting authority, requiring receipt, by which it accepts the most economically advantageous offer and thereby establishes the contract with the contractor.
Last updated: January 2026 · Legal status: Art. 66 Directive 2014/24/EU, §§ 130 et seq. BVergG 2018, § 127 GWB
What is the award?
The award is the decisive legal act in the procurement procedure: with its making, the public contract comes into being and the contract between the contracting authority and the contractor is established. The award represents the acceptance of the offer evaluated by the contracting authority as the most economically advantageous. It ends the procurement procedure and marks the transition from the procurement phase to the contract performance phase.
A strict distinction must be made between the award and the award decision: the award decision is the preliminary notification by the contracting authority indicating to which bidder it intends to grant the award. It does not yet have the character of a contract and serves the unsuccessful bidders as a basis for any applications for review. The award itself only follows after the statutorily provided standstill period has expired.
Significance and function
The award is the goal of every procurement procedure and has immediate legal effect: with its making, a binding public contract arises that is binding for both sides.
Standstill period
Before the award may be made, the contracting authority must observe a so-called standstill period. This period gives unsuccessful bidders the opportunity to review the award decision and, where appropriate, to file an application for review with the competent procurement review authority.
- Austria: Under § 132 BVergG 2018, the standstill period is generally 15 days (where the award decision is transmitted electronically) or 20 days (where transmitted by post).
- Germany: Under § 134 GWB, the duty to inform and wait is 15 days after the bidder information has been sent, or 10 days for electronic or fax transmission.
During the standstill period, the award may not be made. An award made in breach of this period is null and void.
Distinction from the award decision
| Feature | Award decision | Award |
|---|---|---|
| Legal nature | Intended decision | Conclusion of contract |
| Time | Before standstill period | After standstill period |
| Challengeability | Yes (application for review) | Restricted (declaratory application) |
| Binding effect | None | Full |
Legal basis
The award is comprehensively codified at European and national level.
- EU: Art. 66 Directive 2014/24/EU (notification to candidates and bidders); Art. 2a Directive 89/665/EEC (standstill period)
- Austria: §§ 130–133 BVergG 2018 (award decision, standstill period, making the award)
- Germany: § 127 GWB (award), § 134 GWB (duty to inform and wait), § 58 VgV (award criteria)
Related terms
- Award making
- Award period
- Mandatory grounds for exclusion
- Offer examination
- Bidder
- Procurement chamber
- Submission
- Offer
- Open procedure
FAQ
What happens if the award is made in breach of the standstill period? An award made in breach of the standstill period is null and void in Austria under § 334 BVergG 2018, provided this is established by the procurement review authority. In Germany, a breach of § 134 GWB likewise leads to nullity of the contract (§ 135 GWB). Affected bidders can file a declaratory application within the statutory time limits.
Can unsuccessful bidders challenge the award? After the award has been made, challenging is severely restricted. Generally, only a declaratory application is possible, by which the unlawfulness of the procurement procedure can be established. An application for review with the aim of preventing the award is only possible before the award is made – that is, during the standstill period.
Must the award be made in writing? Yes. The making of the award must be in writing and must have been received by the contractor. Only with the receipt of the written award is the contract legally concluded. In parallel, the unsuccessful bidders must be informed of the award.
Last updated: January 2026 All information without guarantee. For legally binding advice, please contact a law firm specialising in procurement law.
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