Making of the Award in Procurement Law
The making of the award is the formal acceptance of the most economically advantageous offer after expiry of the standstill period and establishes the public contract.
Definition: The making of the award is the written declaration of intent of the contracting authority, requiring receipt, by which it formally accepts the most economically advantageous offer after expiry of the standstill period and thereby legally establishes the contract with the contractor.
Last updated: January 2026 · Legal status: § 133 BVergG 2018, § 127 GWB, Art. 66 Directive 2014/24/EU
What is the making of the award?
The making of the award is the final legal act of the procurement procedure: with its receipt by the contractor, the public contract arises as a binding contract. It may only be made after the expiry of the statutory standstill period, which gives unsuccessful bidders the opportunity to have the award decision reviewed. In Austria, the making of the award is regulated in § 133 BVergG 2018.
The making of the award must be strictly distinguished from the preceding award decision: the award decision is merely the announcement of the intention to make the award, whereas the making of the award itself effects the conclusion of the contract. Only the making of the award is a declaration of intent requiring receipt and having contractual character.
Significance in the procurement procedure
The making of the award definitively ends the procurement procedure and establishes binding rights and duties for both contractual parties. Simultaneously with or immediately after the making of the award, the unsuccessful bidders must be informed of the making of the award. This duty to inform safeguards the transparency of the procurement procedure and enables unsuccessful bidders to assess any legal protection measures – although after the award has been made, only restricted legal protection (declaratory application) is available.
The making of the award must be in writing. Oral or implied award making is impermissible under procurement law. The contract is deemed concluded as soon as the written making of the award has been received by the contractor.
Related terms
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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