Publication of the Contract Notice in Procurement Law 2026

Publication of the contract notice: obligation to publicly publish procurement procedures in TED or national gazettes. Content and form.

Definition: The publication of the contract notice is the formal, public announcement of a procurement procedure by the contracting authority, by which potential bidders and candidates are informed about the procurement need, the type of procedure and the conditions of participation, and are invited to submit a tender or application.

Last updated: January 2026 · Legal basis: Art. 49–52 Directive 2014/24/EU, §§ 37–41 VgV, § 45 BVergG 2018

What is the publication of the contract notice?

The publication of the contract notice is the first publicly visible step of a procurement procedure and the central instrument for creating market transparency.

With it, the contracting authority signals to the market that it wishes to procure a service and gives interested parties the opportunity to participate in the competition. Without a notice, fair, non-discriminatory competition would not be possible, as potential bidders would have no knowledge of the contract. The publication obligation is therefore one of the core requirements of European and national procurement law.

Where is the notice published?

The place of publication depends on the contract value and the type of procedure.

Above-threshold range (EU-wide notice)

If the estimated contract value exceeds the EU thresholds, the notice must be published in the Supplement to the Official Journal of the European Union (TED – Tenders Electronic Daily). This ensures that undertakings from all EU Member States have the opportunity to apply. Publication on national portals may take place at the earliest simultaneously with the TED publication.

Below-threshold range (national notice)

Below the EU thresholds, the obligation is governed by national law:

Germany: publication on the German Procurement Portal (DTVP), the e-procurement platforms of the federal states or other publication platforms
Austria: publication in the Lieferanzeiger, on tender platforms or by direct dispatch of the invitation

Content of the Notice

The notice must contain all information that interested parties need to decide whether participation is an option for them.

Mandatory components in the above-threshold range (pursuant to Annex V Directive 2014/24/EU, Implementing Regulation (EU) 2019/1780):

Name and contact details of the contracting authority
Designation and description of the contract (CPV codes)
Type of procedure and procedural variant
Division into lots (if any)
Suitability criteria and required evidence
Award criteria and their weighting
Deadlines (tender submission, application, award)
Conditions for the submission of tenders

Standard Forms and eForms

Since October 2023, the new eForms standard forms have applied to EU-wide notices.

Implementing Regulation (EU) 2019/1780 has replaced the previous standard forms with eForms. eForms are machine-readable and enable better analysis and evaluation of procurement data across the EU. Contracting authorities are required to use the new forms.

Legal Consequences of Defective Notices

A defective or omitted notice can render the entire procedure contestable.

If the notice is entirely omitted (so-called "de facto award"), the concluded contract is ineffective from the outset under § 135 GWB, provided a review application is filed in good time. Errors in the content of the notice may give rise to the bidder's obligation to complain and – if not challenged in good time – can no longer be asserted later.

Related Terms

FAQ

Does every tender have to be published? No. For certain procedures (e.g. negotiated procedure without a notice, direct award), publication can be dispensed with if the statutory conditions are met.

How long must a notice be published before the tender deadline? In the above-threshold range, minimum deadlines apply: in the open procedure, at least 35 days between dispatch of the notice and the end of the tender deadline (Art. 27 Directive 2014/24/EU), which can be shortened under certain circumstances.

Can a notice be amended subsequently? Yes, by means of a corrigendum. Substantial amendments may, however, extend the tender deadline and must likewise be published on TED.

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