Binding Period in Procurement Law
The binding period is the period during which a bidder is bound by its tender and within which the contracting authority must make the award.
Definition: The binding period is the period to be set by the contracting authority in the procurement documents, during which the bidder is irrevocably bound by its tender and the contracting authority is entitled to create a contract by making an award; under § 108 BVergG 2018 (AT) or § 10 VOB/A (DE), the binding period may only be extended with the consent of the bidder.
Last updated: January 2026 · Legal status: § 108 BVergG 2018, § 10 VOB/A, Art. 35 Directive 2014/24/EU (Annex V)
What is the binding period?
The binding period denotes the period during which a bidder is legally bound by its submitted tender and may neither withdraw it nor amend it unilaterally. It starts on the expiry of the tender deadline – i.e. the point in time at which no further tenders may be submitted – and ends on the date set out in the tender documents. During the binding period, the contracting authority must examine and evaluate the tenders and make the award; if this cannot be achieved within the binding period, the authority must either agree on an extension of the binding period with the consent of the bidders or cancel the procurement procedure.
The length of the binding period must be realistically determined by the contracting authority on the basis of the expected duration of examination, evaluation and any review proceedings. In Austria, standstill periods (suspensive periods) of at least 15 days following notification of the award decision must be observed for above-threshold procurements; the binding period must necessarily encompass these periods. In Germany, § 134 GWB sets out an information and waiting obligation of 15 calendar days before contract conclusion.
Significance in the procurement procedure
The binding period protects the contracting authority from the risk that bidders withdraw their tenders after the tender opening or subsequently change their prices, and thus secures the comparability and reliability of the tenders as the basis for the award decision. From the bidder's perspective, the binding period creates a unilateral obligation without consideration: the bidder is bound while the contracting authority has not yet made a decision. A disproportionately long binding period is therefore liable to inhibit competition and deter small companies from participating.
An extension of the binding period beyond its original end is only permissible with the express consent of the respective bidder; bidders who do not consent to an extension drop out of the procedure, without this being deemed a withdrawal of the tender. An unjustified withdrawal of the tender during the binding period may result in the forfeiture of any bid bond and damages claims by the contracting authority.
Related terms
Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialised in procurement law.
Book a demo.
See what BOND finds for your company — tenders, suppliers, and partners you'd never discover on your own. Cancel any month, anytime.