Notification of the Award Decision in Procurement Law 2026

Definition: The notification of the award decision is the formal communication by the contracting authority to all tenderers participating in the procurement procedure of the award decision, including the identification of the selected tenderer and the supporting reasons, enabling tenderers to file an application for review.

Last updated: January 2026 · Legal status: § 134 GWB, Art. 55 Directive 2014/24/EU, § 143 BVergG 2018

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What is the notification of the award decision?

The notification of the award decision is a central instrument of procurement-law remedies: it enables unsuccessful tenderers to examine the contracting authority's decision and, where appropriate, challenge it.

In line with the principles of transparency and effective judicial protection underlying all procurement law, it is not enough for the contracting authority to take an internal award decision and quietly implement it. Rather, it must inform all remaining tenderers of the evaluation outcome before the contract is legally concluded. This information is the notification of the award decision.

Contents of the notification

The notification must provide sufficient information to allow the unsuccessful tenderer effectively to exercise their right of review.

Minimum content of the notification (cf. § 134 GWB, Art. 55 Directive 2014/24/EU):

• Name of the undertaking to which the contract is to be awarded
• Reasons why the tenderer's own offer was not selected (e.g. score, ranking)
• Indication of the standstill period and the possibility of review

In Austria, § 143 BVergG 2018 governs the duty to notify. The contracting authority must inform any tenderer whose offer is not envisaged for award without delay and, on request, disclose the reasons for rejection.

Standstill period and notification

The notification triggers the so-called standstill period, during which the contracting authority may not conclude the contract.

The standstill period (also: waiting or suspensive period) is, in Germany, at least 15 days (10 days for electronic transmission) after dispatch of the notification under § 134 GWB. Only after this period may the contract be concluded. The period gives unsuccessful tenderers an opportunity to file an application for review with the procurement chamber.

In Austria, the standstill period above thresholds is likewise 15 days (§ 132 BVergG 2018 for notification, § 131 BVergG 2018 for the award decision).

Form of notification

Notification must as a rule be made in writing or in text form; oral notification is insufficient.

Above thresholds, notification is generally effected electronically via the procurement platform. The period-triggering effect arises upon dispatch, not upon receipt.

FAQ

What is the difference between notification (Bekanntgabe) and publication (Bekanntmachung)? Notification is the individual communication to individual tenderers about the evaluation outcome. Publication is the public announcement of the procurement procedure or award, e.g. in TED or the official gazette.

Must the contracting authority give reasons for the award decision? Yes. Although the notification need not contain exhaustive reasoning, it must provide the unsuccessful tenderer with sufficient information to assess and, where appropriate, challenge the decision.

What happens if no notification is given? If the contract is concluded without prior notification and observance of the standstill period, this may render the contract void (a so-called "de-facto award").

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