Award Decision 2026 – Contract Award and Bidder Notification

Award decision: The contracting authority's decision on contract award. Duty to give reasons, prior information and remedy deadlines.

Definition: The award decision is the formal decision of the public contracting authority as to which bidder is to be awarded the contract; it must be communicated to unsuccessful bidders in good time (prior information) and triggers a standstill period during which legal remedies may be sought.

Last updated: January 2026 · Legal status: § 134 GWB, § 135 GWB, Art. 2a Directive 89/665/EEC, BVergG 2018

What is the award decision?

The award decision designates the final decision of the public contracting authority as to which bid is to receive the contract and with which bidder a contract is to be concluded. It is the culmination of the procurement procedure and has far-reaching legal effects: for the successful bidder it is the basis for the conclusion of the contract; for unsuccessful bidders it is the starting point for any legal remedies.

The award decision must be distinguished from contract award (the actual conclusion of the contract). The information and standstill period stands mandatorily between the two.

Duty to give reasons

The contracting authority is required to document and substantiate the award decision in the procurement files. The reasons must comprehensibly set out the application of the previously defined award criteria. Unsuccessful bidders have, under § 134(1) GWB, a right to be informed about the intended award and the reasons for the rejection of their bid.

Prior information (notification of unsuccessful bidders)

Before the actual contract award, the contracting authority is, in the above-threshold area, required to inform all unsuccessful bidders of the intended award (§ 134 GWB). This prior information must contain at least the following:

Name of the successful bidder
Reasons for the rejection of the bid of the bidder being informed
Earliest date for the conclusion of the contract

The prior information must be transmitted electronically and is a prerequisite for the validity of the contract.

Standstill period

After despatch of the prior information, the contracting authority must observe a standstill period (also: waiting period) before it may conclude the contract. This period is:

15 calendar days in the case of electronic or fax transmission
15 days (§ 134(2) GWB)

During this period, unsuccessful bidders may file an application for review with the procurement chamber. Upon receipt of the application, an automatic prohibition on contract award (suspensive effect) takes effect.

Consequences of unlawful award decisions

Where the award decision is unlawful under procurement law, unsuccessful bidders may lodge remedies within the review deadlines. The procurement chamber may set aside the award decision and require the contracting authority to correct the procedure. Where a contract has been concluded despite ongoing review proceedings or without observance of the standstill period, it is generally invalid (§ 135 GWB).

Award decision in the sub-threshold area

In the sub-threshold area, there is no statutory duty of prior information of the same strictness as in the above-threshold area. Nevertheless, it is advisable here too to inform unsuccessful bidders of the outcome and to substantiate the decision in order to avoid later disputes.

Related terms

FAQ

What is the difference between the award decision and contract award? The award decision is the contracting authority's internal decision as to which bidder is to receive the contract. Contract award is the actual conclusion of the contract, which may only take place after the standstill period has expired.

Must the contracting authority communicate the reasons for the award decision on its own initiative? Yes. In the above-threshold area, it must communicate, together with the prior information, the reasons for the rejection of the bidder's bid.

What happens if prior information was forgotten? A contract concluded without prior information is invalid (§ 135 GWB). Unsuccessful bidders can invoke this invalidity before the procurement chamber.

Can an award decision still be changed after it has been announced? Yes. If the contracting authority identifies an error, it may cancel the procedure or roll it back to the state before the error – but only as long as the contract has not yet been concluded.

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