Public Contract Notice in Public Procurement Law 2026

Public contract notice: mandatory publication of public contracts in the EU Official Journal (TED) or national media. Contents, deadlines and rules.

Definition: The public contract notice is the formal public announcement of an upcoming or ongoing procurement procedure by the public contracting authority, informing companies of the procurement need and the procedural conditions and inviting them to participate.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 49–52, Implementing Regulation (EU) 2019/1780, BVergG 2018 §§ 58–62, VgV §§ 37–41

What is a public contract notice?

The public contract notice is the central transparency instrument of procurement law: it opens the competition for a public contract and enables companies from the entire European Economic Area to apply to participate in the procurement procedure. Without a proper notice, there is regularly an impermissible direct award which can be challenged under procurement law.

In the EU-wide mandatory above-threshold area, public contract notices are published in the Supplement to the Official Journal of the European Union (Tenders Electronic Daily, in short: TED). In the sub-threshold area, the publication is made via national channels such as the Austrian Lieferanzeiger system or the German Public Notice Portal (DTVP, Staatsanzeiger).

Mandatory Content of a Public Contract Notice

The public contract notice must contain all information that companies need in order to make an informed decision about participating in the procedure.

Mandatory information under Implementing Regulation (EU) 2019/1780 (eForms):

Identity and contact details of the contracting authority
Type and scope of the contract (CPV code, specifications)
Estimated contract value
Type of procedure (open, restricted, negotiated procedure, etc.)
Suitability requirements and evidence
Award criteria and their weighting
Deadlines (bid submission deadline, standstill period)
Address from which procurement documents can be obtained
Information on electronic submission

eForms – New Standard Form since 2023

Since 25 October 2023, the new eForms standard forms for notices have been mandatory across the EU. The eForms Regulation (EU) 2019/1780 replaces the previous standard forms of Regulation (EC) No 842/2011 and contains more than 180 structured data fields, enabling machine-readable processing and better comparability of contract notices.

Publication Channels

Above-Threshold (EU-wide)

In the above-threshold area, publication on TED (Tenders Electronic Daily) is mandatory. Electronic transmission takes place via the eSender system of the Publications Office of the EU. National publications may only be made after or simultaneously with TED publication and may not contain any additional information not included in TED.

Sub-Threshold (National)

In the sub-threshold area, publication obligations are governed by national law. In Austria, publication is made via the tender portal (e.g. Lieferanzeiger, ANKÖ). In Germany, sub-threshold contracts are often published via state tender bulletins, procurement platforms, and the German Public Notice Portal.

Prior Information Notice and Public Contract Notice

The public contract notice must be distinguished from the prior information notice (also: prior notice). The prior information notice informs the market at an early stage about planned contracts without already initiating a concrete procedure. Under certain conditions, it can shorten the minimum bid submission or participation deadlines.

FAQ

When must a public contract notice be published? In the above-threshold area, before initiating the procurement procedure, i.e. before the bid submission or participation deadline begins. In the sub-threshold area, the relevant national deadlines apply.

What happens if a notice is flawed? Errors in the notice must be corrected by a corrigendum. Material errors that disadvantage bidders may lead to the entire procedure being challenged.

How long is a public contract notice available on TED? Notices on TED remain permanently accessible in the archive and are stored for at least five years.

Which language must be used for a TED notice? Public contract notices on TED may be submitted in any official EU language. Mandatory fields, however, must be filled in at least in the language of the contracting authority; a summary in another EU language is recommended.

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