Information Obligations in Public Procurement Law 2026

Information obligations in public procurement: duty to notify bidders before contract award – content, deadlines, standstill period, and consequences of breach.

Definition: Information obligations in public procurement law refer to the statutory duty of the contracting authority to inform unsuccessful tenderers and candidates in good time before contract conclusion of the intended award decision, so that they have the opportunity to challenge that decision through legal remedies.

Last updated: January 2026 · Legal basis: § 134 GWB; § 264 BVergG 2018; Art. 2a Directive 89/665/EEC; Art. 55 Directive 2014/24/EU

Basis and Purpose of the Information Obligations

The duty to inform unsuccessful tenderers is the central instrument securing primary legal protection in public procurement: without timely information, unsuccessful bidders could not exercise their rights before the contract is concluded and primary legal protection is rendered ineffective. The duty to inform tenderers is anchored at EU level in Art. 2a of the Remedies Directive 89/665/EEC (as amended by Directive 2007/66/EC) and has been transposed into national law in all Member States.

The information obligation serves not only the individual legal protection of unsuccessful bidders but also the general transparency and legitimacy of public procurement.

Information Obligation under § 134 GWB (Germany)

§ 134 GWB obliges the contracting authority to inform all tenderers whose offers are not to be accepted of the name of the undertaking whose tender is to be accepted, the reasons for the intended rejection of their tender, and the earliest date of contract conclusion. The information must be provided at least 15 days before the intended conclusion of the contract (in the case of electronic transmission) or 15 days (in the case of transmission by fax or by other means).

The standstill period is in principle 15 days from the dispatch of the prior information; within this period the contract may not be concluded so that unsuccessful tenderers have the opportunity to initiate a review procedure.

Content of the Bidder Information

The information to tenderers must be sufficient to enable the unsuccessful bidder to make an informed decision on whether to initiate a review procedure.

Minimum content under § 134 GWB:

Name of the intended awardee
Reasons for the rejection of the tenderer's own offer
Earliest date of contract conclusion

On request, the contracting authority must, in accordance with Art. 55 Directive 2014/24/EU, provide further information within 15 days, including on the characteristics and relative advantages of the selected tender and the total price, in so far as no trade secrets are affected.

Information Obligation under § 264 BVergG 2018 (Austria)

In Austria, § 264 BVergG 2018 governs the obligation to notify all tenderers of the award decision; this notification triggers the standstill period during which no contract may be concluded. In Austria the standstill period in the supra-threshold range is in principle 15 days following electronic notification of the award decision.

Consequences of Breach of the Information Obligation

A breach of the information obligation or non-observance of the standstill period has far-reaching legal consequences.

Ineffectiveness of the contract: If the contract is concluded before the expiry of the standstill period or without prior bidder information, it may be declared ineffective under § 135 GWB.
Damages: Tenderers who have been passed over may bring claims for damages.
Review procedure: The breach can be raised in a review procedure; the Public Procurement Tribunal can declare the contract ineffective.

FAQ

When must the bidder information under § 134 GWB be provided? At the latest 15 days (in the case of electronic transmission) before the intended conclusion of the contract; the standstill period begins on the day after dispatch.

Must the contracting authority disclose the scores of the selected tender? Not necessarily as part of the initial information; further details may be communicated on request, provided no trade secrets are affected.

What happens if the standstill period is interrupted by a review application? Initiating a review procedure produces an automatic prohibition on contract award (automatic suspensive effect under § 169 GWB) until the Public Procurement Tribunal has ruled.

Does the information obligation also apply below the EU thresholds? In the sub-threshold range, attenuated information obligations apply; the UVgO and the respective state-level rules provide their own arrangements, which are less strict than in the supra-threshold range.

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