Issuance of Contract in Public Procurement Law 2026

Definition: Issuance of the contract refers to the final act of the procurement procedure by which the public contracting authority, after the standstill period has expired, awards the contract to the selected bidder and thus brings about the publicly regulated procurement contract.

Last updated: January 2026 · Legal status: BVergG 2018 §§ 131–133, GWB §§ 134–135, VgV §§ 62–63

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What is the issuance of contract?

The issuance of contract is the legally binding conclusion of the procurement procedure: with it, the bidder which submitted the most economically advantageous tender becomes the contractor of the public contracting authority. Issuance of contract must not be confused with the award as a procurement-law act – the term "issuance of contract" covers, in a broader sense, the entire process from the award decision to the written commissioning and signing of the contract.

In the narrower sense, the issuance of contract denotes the moment at which the contract between the contracting authority and the contractor takes legal effect. This point in time is significant under procurement law, because from that moment the procurement procedure is concluded and review applications against the award decision are generally no longer possible.

Procedure of the Issuance of Contract

The issuance of contract follows a multi-stage process prescribed by law, which in particular ensures the protection of unsuccessful bidders.

1. Award decision: The contracting authority internally decides to which bidder the award is to be made and documents this in the procurement record.
2. Bidder information: All bidders are informed of the intended award (§ 131 BVergG 2018, § 134 GWB). Unsuccessful bidders receive information about the intended contractor and the award criteria.
3. Standstill period: After informing the bidders, the contracting authority must observe a standstill period of at least 15 days before the contract is concluded. During this period, unsuccessful bidders can file a review application.
4. Award and conclusion of contract: After the standstill period has expired (provided no review application has been filed), the contracting authority awards the contract and concludes the contract.
5. Contract award notice: In EU-wide procedures, the contracting authority is obliged to publish the award on TED within 30 days.

Legal Consequences of the Issuance of Contract

With the issuance of contract, the publicly regulated procurement contract takes effect; at the same time, the procurement-law review of the procedure largely ends.

Errors in the procurement procedure that are challenged only after the issuance of contract can only be asserted by way of damages or – in particularly serious cases of "de facto award" – through a declaration of nullity of the contract.

FAQ

What is the difference between award and issuance of contract? The award is the procurement-law act of deciding in favour of a bidder. Issuance of contract additionally includes the formal conclusion of the contract. In practice, the terms are often used synonymously.

From when is a contract considered issued? In Austria, the contract comes into being when the declaration of award reaches the bidder (§ 133 BVergG 2018). In Germany, the issuance of contract takes effect when the declaration of award is received in accordance with § 150 BGB.

Can an issuance of contract be reversed? In principle no. After the conclusion of the contract, a reversal is only possible in exceptional cases (e.g. in case of nullity due to a serious breach of procurement law).

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