Preclusive Deadline in Public Procurement Law 2026

Preclusive deadline in procurement law: non-extendable deadline for complaints and review applications. Missing it leads to loss of rights.

Definition: A preclusive deadline is a statutory, non-extendable deadline in procurement law upon expiry of which the right to lodge a complaint or a review application is irretrievably extinguished, regardless of whether the affected party is at fault for the expiry of the deadline.

Last updated: January 2026 · Legal basis: BVergG 2018 §§ 342–345, GWB §§ 160–161, VgV § 134

What is a preclusive deadline?

The preclusive deadline is the strictest type of deadline in procurement law: it lapses absolutely upon its expiry and can neither be extended nor restored by reinstatement to the previous status. Unlike an ordinary deadline, for which reinstatement is possible in certain cases, missing a preclusive deadline always results in the irrevocable loss of the right to review.

Procurement law recognises preclusive deadlines in particular for:

Challenges to procurement law violations (complaint deadline)
Applications to initiate a review procedure
Assertion of claims for damages

Overview of Deadlines

Different preclusive deadlines apply in Austria and Germany, varying according to the stage of the procedure and the nature of the violation.

Austria (BVergG 2018)

Challenge to violations in the tender documents: before expiry of the tender deadline
Review application against the award decision: within ten days of notification of the award decision
Review application against cancellation: within ten days of receipt of the cancellation notice

Germany (GWB)

Challenge to known procurement law violations: without delay, at the latest by the end of the tender or application deadline (§ 160 para. 3 nos. 1–3 GWB)
Review application after notification of the award decision: within 15 days of receipt of the bidder information (§ 134 VgV)

Obligation to Complain

Procurement law recognises the obligation to complain: bidders who identify a procurement law violation must complain without delay in order not to lose their right to review. This obligation serves to expedite the procedure and is intended to prevent bidders from strategically withholding errors only to use them after an award unfavourable to them.

FAQ

What does "without delay" mean in the obligation to complain? "Without delay" means without culpable hesitation. Case law considers one to two weeks after gaining knowledge to be a reasonable time frame, depending on the circumstances of the case.

Can a preclusive deadline be suspended due to force majeure? No. Preclusive deadlines are generally not subject to suspension or interruption. Even unforeseen events do not release the bidder from the expiry of the deadline.

What happens if a bidder misses the preclusive deadline? The bidder loses the right to review. Procurement law violations can then only be asserted by way of damages claims (before the civil courts), where the requirements are significantly higher.

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