Rejection Letter in Public Procurement Law 2026

Definition: The rejection letter in public procurement law is the actual document or electronic notification by which the contracting authority formally informs an unsuccessful bidder or candidate that it will not be awarded the contract, thereby opening up the possibility of seeking legal protection within the standstill period.

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

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What is a rejection letter?

The rejection letter is the practical implementation of the information duty under § 134 GWB and at the same time starts the clock on the standstill period. It differs from the rejection as a legal concept in that it denotes the specific document that informs the bidder of the award decision. The rejection letter is of central importance in procurement law: errors of form or content may mean that the standstill period does not begin to run and that the contract can later be declared void.

Mandatory components of the rejection letter

A proper rejection letter in the above-threshold sector must contain the following information under § 134 GWB:

1. Name of the successful bidder — Who is to be awarded the contract?
2. Reasoning for non-selection — Why was the addressee's tender not selected? (e.g. ranking position in the evaluation, ground for exclusion)
3. Essential characteristics of the successful tender — What advantages does the successful bidder's tender offer compared with that of the unsuccessful bidder? (Note: trade secrets must be protected)
4. Beginning and end of the standstill period — When does the period expire within which the contract may not yet be concluded?

Typical errors in rejection letters

The following defects are common in practice:

• Missing or inadequate reasoning: General formulations such as "Your tender was not the most economically advantageous" without specific information on the evaluation ranking are not sufficient.
• Missing name of the successful bidder: The rejection letter must explicitly state which undertaking is to be awarded the contract.
• Incorrect statement of deadlines: Faulty calculation of the standstill period or missing end-of-period date.
• Sending to the wrong recipient: The letter must be sent to all unsuccessful bidders who have submitted a tender.
• Breach of trade secrets: Overly detailed information on the successful tender may disclose trade secrets of the successful bidder.

Form of the rejection letter

In the above-threshold sector, the rejection letter must be transmitted electronically. In practice this is often done via the procurement platform (automated notification) or by email. Postal transmission extends the standstill period (15 days for electronic/fax transmission, potentially more by post).

In the below-threshold sector the formal requirements are less strict; many procurement rules nevertheless require written or electronic notification.

Distinction from the rejection letter following a request to participate

The rejection letter to non-selected candidates (following the qualification stage) differs in content from the rejection letter following tender evaluation. In the qualification stage, the contracting authority informs the candidate that it will not be invited to tender and gives the reasons (e.g. lack of suitability, too many better qualified candidates). A standstill period in the classical sense is not provided for here, although the information duties are similar.

FAQ

Do I need to reply to the rejection letter? No. If you have objections, you must file a review application within the standstill period; you do not respond to the letter.

What do I do if the rejection letter is incomplete? You should promptly request the contracting authority to supplement it. If the letter is defective, the standstill period may not begin to run.

Does the information duty also apply in the below-threshold sector? Yes, but the requirements are less strict. Many national procurement rules nevertheless provide for an information duty.

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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.