Standstill Notification in Public Procurement

The standstill notification is the contracting authority's notice to all bidders of the intended award decision prior to contract conclusion.

Definition: The standstill notification is the notice that the contracting authority must send to all bidders involved in the procurement procedure before concluding the procurement contract, informing them of the intended award decision and the reasons why their tenders were not selected. It gives unsuccessful bidders the opportunity to challenge the decision by means of a review application before the standstill period expires.

Last updated: January 2026 · Legal basis: § 131 BVergG 2018, § 134 GWB, Art. 2a Directive 89/665/EEC

What is the standstill notification?

The standstill notification is a key legal-protection instrument in procurement law: it gives unsuccessful bidders the opportunity to review the contracting authority's award decision and, where appropriate, to challenge it before the competent procurement review body before the contract is concluded. Without the standstill notification and the associated standstill period, effective legal protection against unlawful procurement decisions would scarcely be possible in practice, since once the contract has been concluded only limited remedies remain available.

Significance in the procurement procedure

The standstill notification is the prerequisite for instituting review proceedings: the standstill period only starts to run once the notification has been received, and only after that period has expired without action may the contracting authority lawfully conclude the contract. Conclusion of the contract without prior standstill notification or before the standstill period expires generally renders the contract void.

The standstill notification must contain at least:

The name of the operator to whom the contract is to be awarded
The reasons why the bidder's own tender was not selected (e.g. ranking and scoring on the evaluation criteria)
The earliest possible date for contract conclusion (end of the standstill period)

Standstill period

After the standstill notification has been sent the contracting authority must observe a standstill period before the contract may be concluded. The standstill period is:

15 days for transmission by electronic means or fax (Austria and Germany)
15 days for transmission by other means (with award running from receipt)

During this period, unsuccessful bidders may file a review application, which prevents the contracting authority from concluding the contract until the review proceedings have been completed.

National rules

In Austria the standstill notification is regulated in § 131 BVergG 2018; in Germany the duty arises under § 134 GWB. Both implement the requirements of the Remedies Directive 89/665/EEC (as amended by Directive 2007/66/EC).

Related terms

FAQ

What exactly must the standstill notification contain? At minimum, the standstill notification must contain the name of the intended successful bidder, the reasons for the rejection of the bidder's own tender (e.g. scoring compared to the best bidder) and the earliest possible date for contract conclusion after the standstill period expires. In Austria the minimum content is governed by § 131 BVergG 2018, in Germany by § 134 GWB.

What happens if the contracting authority does not observe the standstill period and concludes the contract immediately? A contract concluded in breach of the standstill period is generally void (in Austria under § 334 BVergG 2018; in Germany under § 135 GWB). The review body can declare the contract ineffective; the contracting authority also exposes itself to damages claims by the bidders that were overlooked.

Must bidders that were excluded by the contracting authority also receive a standstill notification? Yes. Bidders whose tenders were excluded are also entitled to be informed of the award decision. Only this way can they verify whether the exclusion was lawful and, where appropriate, file a review application.

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