Performance Deadlines in Public Procurement Law 2026

Definition: Performance deadlines are the periods specified in the procurement documents and in the contract within which the contractor must fully and properly deliver the tendered service.

Last updated: January 2026 · Legal basis: VOB/A § 7 para. 1, VOB/B §§ 5–6, BVergG 2018, ÖNORM B 2110

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What are performance deadlines?

Performance deadlines define the time frame within which the contractor must deliver its contractual services and are thus a central element of every public procurement contract. They are already set out in the procurement documents and therefore form a binding contractual basis with which bidders must align their offers.

In the construction sector, the following are typically distinguished:

• Start of performance: date of construction start after contract award
• Interim deadlines: milestones for partial services (e.g. completion of shell construction)
• Completion deadline: date of full delivery of the service

Relevance for Bid Calculation

When preparing their bid, bidders must critically examine the feasibility of the specified performance deadlines, as unrealistically short deadlines can lead to contractual penalties and additional costs. If a bidder considers the performance deadlines to be unworkable, they essentially have two options: submit a side offer with alternative deadlines (if permitted) or challenge the deadlines before submitting their bid.

Contractual Penalties for Missed Deadlines

If the contractually agreed performance deadlines are exceeded, the contracting authority may impose contractual penalties, provided that these have been agreed in the procurement documents. In Austria, ÖNORM B 2110 applies; in Germany, VOB/B serves as the basis for handling missed deadlines. The amount of the contractual penalty is limited by the principle of proportionality.

FAQ

Can performance deadlines be amended after the contract has been concluded? Yes, by mutual contract amendment, provided this is permissible under procurement law (no material contract amendment within the meaning of Art. 72 Directive 2014/24/EU).

What happens if deadlines are missed due to obstructions? If the contractor is not responsible for the missed deadline (e.g. due to obstructions on the part of the contracting authority, force majeure), they are exempt from contractual penalties and may request an extension of the deadline.

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