Revocation in Procurement Law 2026

Revocation in procurement law: Termination of a procurement procedure by the contracting authority without award – conditions and legal consequences.

Definition: Revocation refers, in Austrian procurement law, to the termination of a procurement procedure by the contracting authority without an award being made; in Germany, the comparable act is referred to as annulment of the call for tenders.

Last updated: January 2026 · Legal status: §§ 139–143 BVergG 2018 (Austria); § 63 VgV, § 17 VOB/A (Germany)

What is revocation of a procurement procedure?

Revocation is the legal instrument by which a public contracting authority terminates an already initiated procurement procedure without awarding a contract. In Austrian procurement law, revocation is regulated in §§ 139 et seq. BVergG 2018. In Germany, the law speaks of "annulment of the call for tenders" (§ 63 VgV; § 17 VOB/A), but substantively the same act is concerned.

Revocation is not an instrument that can be used at will: it requires specific objective grounds and must be communicated to all bidders.

Grounds for revocation

A revocation is permissible only if statutorily prescribed or objectively justified grounds exist.

In Austria, § 139 BVergG 2018 names the following permissible grounds for revocation:

No offer corresponding to the purpose of the call for tenders has been received.
All offers exceed the cost framework planned for the contract.
Changes in demand make the performance of the contract dispensable.
Serious circumstances that the contracting authority could not foresee.
A serious error in the procurement procedure that cannot be remedied.

A revocation based on arbitrary or extraneous motives – for example, to avoid an unwelcome result – is unlawful under procurement law.

Procedure and form

Revocation must be communicated to the bidders without delay and in writing. In the above-threshold area, a revocation notice must additionally be published. The notification must state the reason for the revocation and give bidders the opportunity to protect their rights.

Legal consequences for bidders

With revocation, all submitted offers lose their binding effect. Bidders generally have no entitlement to award of the contract. However, under certain conditions, bidders may claim compensation for their reliance loss (offer preparation costs) if the revocation was unlawful.

Challenging the revocation

Bidders may challenge a revocation before the competent procurement review authority. In Austria this is, depending on the contracting authority, the Federal Administrative Court or a Regional Administrative Court. In Germany, the procurement chamber is competent.

Related terms

FAQ

Must the contracting authority reimburse the costs of preparing the bid if it revokes the procedure? Generally not, if the revocation is based on objectively justified grounds. In the case of an unlawful revocation, a claim for damages for reliance loss may exist.

Can a contracting authority immediately re-tender after a revocation? Yes. Revocation does not in principle preclude a renewed call for tenders, provided that the need continues to exist and the new procedure is carried out correctly.

What is the difference between revocation and annulment? Substantively, the same legal institution is concerned. "Revocation" is the Austrian term and "annulment" the German term for the termination of a procurement procedure without award.

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