Preliminary Award Decision 2026 – Notification Before the Award

Definition: The preliminary award decision (also known as a notice of intention to award or notification of the award decision) is the notification by the public contracting authority to all bidders of the company to which it intends to award the contract, combined with the opening of a period for review applications before the actual conclusion of the contract.

Last updated: January 2026 · Legal basis: § 132 BVergG 2018 (Austria), § 134 GWB (Germany), Art. 2a Directive 89/665/EEC

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What is the preliminary award decision?

The preliminary award decision is the central instrument of procurement-law bidder protection before the contract is concluded: it gives unsuccessful bidders the opportunity to challenge an award decision before the contract creates a fait accompli. Without this instrument, bidders would be without remedy, as a contract that has already been concluded can only be declared void under very strict conditions.

The legal basis is found in the EU Remedies Directive 89/665/EEC (Art. 2a), tightened by Directive 2007/66/EC. Austria has implemented the duty in § 132 BVergG 2018; Germany in § 134 GWB.

Content of the notification

The preliminary award decision must contain certain minimum information:

• The name of the company to which the contract is to be awarded
• The reasons for the award decision (outcome of the evaluation)
• The earliest date for the conclusion of the contract (after the standstill period has expired)
• A reference to the possibility of applying for review

In Germany, § 134 para. 2 GWB requires the notification to contain the name of the selected bidder and the reason for the rejection of the unsuccessful bidder.

Standstill period

The preliminary award decision is mandatorily followed by a standstill period (also: waiting period, standstill) during which no contract may be concluded.

Above the thresholds, the periods are:

• 15 days for electronic or fax transmission
• 10 days where all bidders receive the notification simultaneously by post (in some Member States)

During the standstill period, unsuccessful bidders can submit a review application, which has suspensive effect.

Consequences of non-compliance

If the contracting authority awards the contract before the standstill period has expired or despite a pending review application, the contract is void under § 135 GWB-DE or § 334 BVergG 2018-AT. This is one of the most severe sanctions in procurement law and is intended to ensure that the preliminary award decision does not become a hollow formality.

Relationship to the award itself

The preliminary award decision is not the award itself – it is the announcement of the intended award. The actual award (acceptance of the tender) takes place only after the standstill period has expired and gives rise to the contract.

FAQ

Must the preliminary award decision be sent to all bidders? Yes. It must be sent simultaneously to all bidders (and, where applicable, all candidates that were not invited to submit tenders).

What happens if the preliminary award decision is defective or incomplete? A deficient justification can affect the bidder's duty to object and may, in some circumstances, restart the standstill period.

Does the preliminary award decision also apply below the thresholds? Below the thresholds, different rules apply depending on the Member State and the contract value. In Austria it is also prescribed below the thresholds above certain value limits.

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