Rejection in Public Procurement Law 2026

Definition: A rejection (Absage) in public procurement law is the formal notification by the contracting authority to a bidder or candidate that its tender or request to participate will not be considered and that it will not be awarded the contract, together with the statutorily prescribed information on the reasons for non-selection.

Last updated: January 2026 · Legal status: § 134 GWB; Art. 55 Directive 2014/24/EU; § 131 BVergG 2018

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What is a rejection in public procurement law?

The rejection is the mandatory notification by the contracting authority to unsuccessful bidders and triggers the standstill period within which they may seek legal protection. Unlike in private commercial transactions, where a rejection can be made informally and without reasoning, a rejection under procurement law is subject to strict formal requirements. It must contain certain mandatory particulars and be delivered in good time.

In legal usage, the rejection is often referred to interchangeably as "bidder information" or "award information". It is the flip side of the award decision: while one bidder receives the award, all others receive a rejection.

Mandatory content of the rejection

Pursuant to § 134 GWB or Art. 55 of Directive 2014/24/EU, a rejection must contain the following information:

1. The name of the successful bidder
2. The start of the standstill period (and, where applicable, its end)
3. The reasons for non-selection of the unsuccessful tender
4. The essential characteristics and advantages of the successful tender (relative to the unsuccessful tender, save where this would affect protected trade secrets)

In Austria (§ 131 BVergG 2018) similar information duties are codified; the notification must likewise contain the reasons for exclusion or non-selection.

Deadlines

The rejection must be sent no later than at the time of the award; in practice it is dispatched simultaneously with the award decision.

• Standstill period: Upon receipt of the rejection, a standstill period of at least 15 days begins (§ 134(2) GWB). The contract with the successful bidder may only be concluded after this period has expired.
• Austria: § 132 BVergG 2018 — in the above-threshold sector, the standstill period is 7 working days from electronic notification.

Legal consequences of a defective rejection

A rejection that does not contain the mandatory statutory information or is delivered late cannot trigger the standstill period — the contract remains open to challenge. If, for example, the reasoning is missing, an unsuccessful bidder may demand an extension of the information period or apply directly for review. Curing a formal defect by subsequent information is possible but restarts the standstill period.

FAQ

Does the contracting authority have to provide further information on the reasons on request? Yes. Unsuccessful bidders are entitled under Art. 55(2) of Directive 2014/24/EU to receive, on request, additional information about the reasons for their rejection.

Can I still apply for file inspection after a rejection? Yes. In review proceedings, applicants generally have a right of file inspection into procurement-relevant documents.

Does the rejection have to be in writing? In the above-threshold sector, the information must in principle be transmitted electronically in accordance with the obligation of electronic communication.

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