Delivery Deadline in Procurement Law
The delivery deadline is the contractually agreed period for performance of a supply contract and forms part of the procurement documents, with consequences in the event of late delivery.
Definition: The delivery deadline is the period defined in the procurement documents and the contract within which the contractor must perform the agreed supply in full and in accordance with the contract; late delivery generally triggers liquidated damages or damages claims.
Last updated: January 2026 · Legal basis: ABGB, BVergG 2018, BGB, VOB/B § 5
What is the delivery deadline?
The delivery deadline is the contractually binding period within which the contractor under a public supply contract must deliver and hand over the ordered goods, products or items at the agreed place of performance. It begins on the start date defined in the contract – typically the date of award or contract signature – and ends on the agreed delivery date or upon expiry of the delivery period.
The delivery deadline must be distinguished from the execution period: the execution period describes the time frame for the complete performance of construction works or extensive services and is the relevant term in VOB/B § 5 and in Austrian construction. The delivery deadline relates specifically to supply contracts within the meaning of Art. 2 (1) point 12 Directive 2014/24/EU.
In the tender, the contracting authority must set the delivery deadline realistically and proportionately; excessively short delivery deadlines that, in practice, only a single supplier can meet breach the competition principle.
Importance in the procurement procedure
The delivery deadline is an essential contract component and at the same time a possible evaluation criterion where the contracting authority evaluates delivery speed alongside price. In the procurement documents the contracting authority must state clearly whether a fixed delivery deadline applies or whether tenderers may offer their own deadlines; the latter requires transparent evaluation rules.
If the delivery deadline is exceeded without fault on the part of the contracting authority, liquidated damages (penalties) agreed in the contract may apply. In Austria, the agreement of liquidated damages is governed by §§ 1336 et seq. ABGB; in Germany by §§ 339 et seq. BGB. For construction works VOB/B § 11 (contractual penalty) applies in addition. The level of the penalty must be proportionate; excessive penalties can be moderated under civil law. Contracting authorities are required to disclose any penalty rules transparently in the procurement documents from the outset.
Related terms
Last updated: January 2026 All information without guarantee. For legally binding advice please consult a law firm specialising 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.