Cure Period in Procurement Law 2026

Cure period: the deadline for remedying formal defects in bids or documents in a procurement procedure. Austrian and German law.

Definition: The cure period is a deadline granted to the bidder by the contracting authority within which formal defects in a bid or in supporting documents may be remedied, without the bid having to be excluded; it serves the principle of proportionality in procurement procedures and is enshrined in particular in the Austrian BVergG 2018 and in German law (§ 56 VgV).

Last updated: January 2026 · Legal basis: § 56 VgV, § 125 GWB, BVergG 2018

What is the cure period?

The cure period refers to the contracting authority's option, in procurement law, to grant bidders a deadline within which to remedy formal or substantive defects in their bids or evidence. It is an important instrument for avoiding disproportionately strict exclusions and preserving competition. Procurement law draws a distinction between the subsequent request for documents and the actual improvement of bids.

In Austria, the cure period is expressly governed by the BVergG 2018 and allows contracting authorities to give bidders an opportunity to remedy unclear or incomplete bids. In Germany, this is often referred to as a "subsequent request for documents" (§ 56 VgV).

What can be cured?

Not every defect in a bid can be cured – procurement case law draws clear lines between admissible curing and inadmissible amendment of the bid. It is typically permissible to subsequently submit missing evidence (e.g. suitability evidence, certificates), to clarify unclear statements and to correct obvious clerical errors. It is, however, not permissible to subsequently change prices, technical concepts or other substantive elements of the bid, because that would breach the principle of equal treatment of bidders.

The contracting authority's discretion

Granting a cure period is in principle a matter for the contracting authority's discretion, but that discretion must be exercised properly and in line with the principle of equal treatment. If the contracting authority gives one bidder a cure opportunity, it must offer the same opportunity to all bidders in a comparable situation. The deadline must be reasonable, i.e. give the bidder sufficient time to obtain and submit the required documents.

Cure period vs. subsequent request

German law distinguishes between the subsequent request for documents (§ 56 VgV) and cure: the subsequent request concerns missing or incomplete suitability and performance evidence. A change of price or genuine improvement of the bid is not permitted. § 56 (2) VgV makes clear that documents requested subsequently are attributed to the original bid.

Related terms

FAQ

Must a contracting authority always grant a cure period? No. It is in principle a matter for the contracting authority's proper discretion. For certain formal defects, however, a subsequent request may be required in order to avoid a disproportionate exclusion.

How long is a cure period? The legislation does not lay down a fixed minimum period. The period must, however, be reasonable and give the bidder a realistic opportunity to remedy the defect – in practice this is often a few working days up to two weeks.

Can the cure period be used to submit a lower price? No. Curing must not lead to a substantive change in the bid, and in particular must not lead to a change in price.

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