Deadlines in Public Procurement Law 2026

Definition: Deadlines in procurement law are the periods, prescribed by law or set by the contracting authority, within which candidates and bidders may request documents, submit requests to participate, or submit offers, as well as the periods that apply to legal protection and information duties.

Last updated: January 2026 · Legal basis: Art. 27–31 Directive 2014/24/EU; §§ 15–17 VgV; §§ 57–65 BVergG 2018; Directive 89/665/EEC

---

What are deadlines in procurement law?

Deadlines in procurement law are not mere administrative requirements but core instruments of the principle of equal treatment: they ensure that all bidders have sufficient time to prepare a competitive offer. Periods that are too short particularly disadvantage SMEs and bidders participating in a procedure for the first time. Periods that are too long delay procurement and cause additional costs. EU procurement law therefore prescribes minimum periods which the contracting authority may not undercut; it can, however, depart from them under certain conditions (electronic transmission, prior information notice).

Overview: minimum periods in the above-threshold area

The following table shows the minimum periods under Directive 2014/24/EU (open and restricted procedure).

Open procedure (Art. 27 Directive 2014/24/EU)

Situation	Minimum offer period
Standard period	35 days
Where a prior information notice was published (min. 35 days before the contract notice)	15 days
Where documents are made available electronically from publication of the notice	30 days (standard period – 5 days)
Urgency (justified)	15 days

Restricted procedure (Art. 28 Directive 2014/24/EU)

Phase	Minimum period
Participation period	30 days
Offer period (following invitation)	30 days
Where a prior information notice was published	10-day offer period
Urgency (participation period)	15 days
Urgency (offer period)	10 days

Negotiated procedure with publication (Art. 29 Directive 2014/24/EU)

Phase	Minimum period
Participation period	30 days
Offer period	No statutory minimum period, but must be "reasonable"

Calculation of deadlines

For the calculation of procurement-law deadlines, the calendar-day principle generally applies – all days, including Saturdays, Sundays, and public holidays, are counted. The day of publication or invitation is generally not counted (the period begins on the following day). Where the end of the period falls on a Saturday, Sunday, or statutory public holiday, the period is extended to the next working day (§§ 186 et seq. BGB by analogy; § 1(1) ABGB in conjunction with § 903 BGB by analogy for Austria).

Important: the calculation of the period is based on the publication of the contract notice in TED (EU level) or in the national publication medium, not on the date of provision of the procurement documents.

Standstill period

Before contract conclusion following the award, contracting authorities must observe a standstill period giving unsuccessful bidders the opportunity to apply for review. The minimum standstill period is:

• 15 days for electronic or fax notification (Art. 2b Directive 89/665/EEC)
• 10 days for postal notification (in some national transpositions)

In Germany: § 134(2) GWB – 15-day standstill following electronic/fax transmission. In Austria: § 132 BVergG 2018 – 7 working days in the above-threshold area for electronic transmission.

Review periods and legal protection periods

Bidders must complain of procurement breaches within set periods, otherwise their rights are precluded.

• Complaint period (Germany): Identified breaches must be complained of without delay, but at the latest within 10 calendar days of becoming aware of them (§ 160(3) GWB). For complaints relating to the contract notice: 15 days following publication.
• Review application: Must be filed within 15 days of receipt of the rejection of the complaint.
• Austria: Periods are governed by § 321 BVergG 2018 and vary according to the step in the procedure.

Deadlines in the sub-threshold area

In the sub-threshold area, the national provisions – and, in so far as these are absent, the contracting authority in the exercise of its duty-bound discretion – set the deadlines. The principle remains that the period must be reasonable in order to enable the submission of a carefully prepared offer. Recommendations:

• National public tender: at least 14–21 days
• National restricted tender: at least 10–14 days

FAQ

What happens if the offer period is set too short? Bidders can object to this by way of complaint. The contracting authority must extend the period or cancel the procedure.

Can the offer period be extended? Yes, the contracting authority can extend the period at any time, for example where significant changes are made to the procurement documents. It must notify all bidders.

Are Saturdays and Sundays counted for procurement deadlines? Yes, procurement deadlines are calculated in calendar days. Where the end of the period falls on a non-working day, it is postponed to the next working day.

Is there a minimum period for the binding period? The binding period (the time during which bidders are bound by their offer) is set by the contracting authority. It must be reasonable but must not be disproportionately long.

---

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