Revocation Declaration in Procurement Law 2026
Revocation declaration: The external communication of the revocation decision to all bidders in the procurement procedure.
Definition: The revocation declaration is the formal, externally directed communication by the contracting authority to the bidders, by which the decision to revoke the procurement procedure is announced and becomes legally effective.
Last updated: January 2026 · Legal status: § 141 BVergG 2018; § 63 VgV
What is the revocation declaration?
The revocation declaration is the externally directed announcement of the revocation of a procurement procedure and thus the last procedure-concluding act of the contracting authority. It is to be distinguished from the internal-organisational revocation decision: while the decision constitutes the act of will of the contracting authority, the declaration is its communication to the participants in the procedure.
Only with the communication of the revocation declaration to all bidders does the revocation take full legal effect. In the above-threshold area, the revocation declaration must additionally be published.
Form and content
The revocation declaration must be made in writing and contain the following minimum information:
- The clear pronouncement of the revocation of the procurement procedure
- The ground for revocation
- The point in time at which it takes effect
- A note on the possibility of a challenge and the relevant time limits
The notification must be transmitted simultaneously and in the same form to all bidders in order to comply with the equal treatment principle.
Standstill period
In the above-threshold area, a standstill period begins with the announcement of the revocation declaration, within which the contracting authority may not yet definitively terminate the procedure. This period is intended to give bidders the opportunity to file an application for review before the revocation becomes legally final. The length of the standstill period is determined by national law.
Difference from the revocation decision
The revocation decision and the revocation declaration are two phases of the same legal process: the decision is the internal act of will; the declaration is the external announcement. Under review law, the revocation decision is the challengeable decision to which the time limits attach.
Related terms
FAQ
From when does the challenge period for bidders run – from the decision or the declaration? The challenge period runs from receipt of the revocation declaration by the respective bidder, since only then is the decision effectively communicated to the bidder.
Must the revocation declaration also be published? In the above-threshold area, yes. In Germany, § 63 (2) VgV requires publication in the Official Journal of the EU; comparable obligations apply in Austria under the BVergG 2018.
Last updated: January 2026 All information without guarantee. For legally binding advice, please contact a law firm specialising in procurement law.
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