Contract Award Decision in Procurement Law

Contract award decision: Announcement of the intended award before contract conclusion. Triggers the standstill period. § 131 BVergG 2018. Challengeable by application for review.

Definition: The contract award decision is the formal announcement by the public contracting authority to all bidders of the company to which it intends to make the award, and which precedes the actual conclusion of the contract in time so as to give the unsuccessful bidders the opportunity for review in review proceedings.

Last updated: January 2026 · Legal status: § 131 BVergG 2018, § 134 GWB

What is the contract award decision?

The contract award decision is a central procedural instrument of procurement law: it separates the moment of the procurement decision from the actual conclusion of the contract and gives unsuccessful bidders the possibility to have the decision reviewed before the contract is executed.

The contract award decision is not the award itself – it is merely the declaration of intent by the contracting authority to conclude a contract with a specific bidder. The contract only comes into existence after expiry of the standstill period and without the initiation of review proceedings. This separation is a fundamental element of legal protection in procurement law.

With the contract award decision, the so-called standstill period (also: waiting period or stand-still period) begins. During this period, the contracting authority may not make the award and may not conclude a contract. This gives unsuccessful bidders the possibility to file an application for review.

Significance and function

The contract award decision is the most important legal protection instrument for unsuccessful bidders: only those who learn of the intended award in good time can exercise their right to review the award decision.

Content of the contract award decision:

Name of the bidder to whom the award is to be made
Justification of the decision (characteristics and advantages of the selected offer)
Reasons for the non-consideration of the respective bidder
Amount of the total price of the successful offer (in the statutorily provided cases)
Information on the standstill period and the right of review

The duty to give reasons is essential: an inadequately reasoned contract award decision violates the right of unsuccessful bidders to effective legal protection and constitutes a procurement-law violation.

Legal basis

In Austria, § 131 BVergG 2018 governs the contract award decision; in Germany, § 134 GWB corresponds to this function; at EU level, Art. 2a of Remedies Directive 89/665/EEC (as amended by Directive 2007/66/EC) is the basis for the standstill period.

§ 131 BVergG 2018 obliges the contracting authority to announce the contract award decision to all bidders simultaneously, including the characteristics and advantages of the successful offer and the reasons for the rejection of the respective bidder. Under Austrian law, the standstill period is at least 15 days in the case of electronic notification (shorter periods may apply in the sub-threshold area).

In Germany, § 134 GWB codifies the contracting authority's duty to inform (so-called "advance information") and the resulting 15-day waiting period before conclusion of the contract.

Standstill period at a glance

Feature	Austria (BVergG 2018)	Germany (GWB)
Legal basis	§ 131 BVergG 2018	§ 134 GWB
Period (above threshold)	15 days (electronic) / 20 days (written)	15 days (electronic) / 15 days (written)
Beginning	Sending of the contract award decision	Sending of the information
Effect of breach	Contract challengeable / void	Contract pending ineffective

Related terms

FAQ

What is the difference between the contract award decision and the award? The contract award decision is the intended decision, not yet the conclusion of the contract. The award itself is the acceptance of the offer and thus the establishment of the contract. Between the contract award decision and the award lies, mandatorily, the standstill period, during which unsuccessful bidders can apply for review.

How long is the standstill period after a contract award decision in Austria? In the above-threshold area, the standstill period under § 131 BVergG 2018 is at least 15 days in the case of electronic notification. In the case of written (non-electronic) notification, the period is extended to 20 days. In the sub-threshold area, depending on the type of procedure, shorter or no statutory standstill periods apply.

What happens if the contracting authority does not observe the standstill period? If the contract is concluded before the expiry of the standstill period or during ongoing review proceedings, the contract is challengeable. Under Austrian law, the procurement review authority can declare the contract null and void; the contracting authority also risks damages claims from unsuccessful bidders.

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