Standstill Obligation in Public Procurement Law 2026 – Standstill Period Before Contract Conclusion

The standstill obligation (standstill period) in procurement law requires the contracting authority to wait at least 15 days after the award decision before concluding the contract.

Definition: The standstill obligation (also: standstill period) in procurement law is the statutory period between the notification of the award decision and the actual conclusion of the contract, during which unsuccessful bidders are given the opportunity to lodge review applications.

Last updated: January 2026 · Legal basis: Art. 2a Directive 89/665/EEC, § 134 GWB (Germany), § 132 BVergG 2018 (Austria)

What is the standstill obligation?

The standstill obligation is one of the most important protective rules of procurement law for unsuccessful bidders: it prevents the contracting authority from concluding a contract immediately after the award decision and so creating a fait accompli before bidders can take legal steps. The standstill obligation is the legal hinge between the preliminary award decision and the actual conclusion of the contract.

The Remedies Directive 89/665/EEC (as supplemented by Directive 2007/66/EC) mandatorily prescribes this period for all above-threshold procurement. Austria has implemented it in § 132 BVergG 2018, Germany in § 134 GWB.

Duration of the standstill obligation

The statutory minimum standstill periods are:

Means of transmission	Period
Electronic (email, procurement platform)	15 days
Fax	15 days
Postal mail	Generally 15 days from dispatch

In Austria, the period under § 132 BVergG 2018 above the thresholds is 15 days after simultaneous electronic notification to all bidders. In Germany, § 134 para. 2 GWB applies, with 15 days from electronic transmission.

What may not happen during the standstill period?

During the standstill period the contracting authority may:

Not conclude a contract – neither in writing nor by implied conduct
Not call off any services or let the contractor begin performance
Not take any irrevocable decisions that would make it impossible for unsuccessful bidders to pursue legal remedies

Legal consequences of breach of the standstill obligation

A breach of the standstill obligation renders the concluded contract void. In Germany, § 135 para. 1 no. 1 GWB declares the contract ineffective where the standstill period has not been observed. In Austria, ineffectiveness follows from § 334 BVergG 2018. The ineffectiveness can be declared on application by the competent review body.

Shortening or absence of the standstill obligation

In certain situations the standstill obligation does not apply or can be shortened:

Where only a single tender was submitted and no candidate was excluded
For urgent procedures (negotiated procedure without prior publication on grounds of extreme urgency)
Below the thresholds (here the strict EU periods do not strictly apply)

FAQ

Does the standstill obligation begin with the sending or the receipt of the notification? Generally with the dispatch – the contracting authority bears the transmission risk and must ensure that all bidders are informed at the same time.

What happens if a bidder lodges a review application during the standstill period? The application has suspensive effect: even after the standstill period has expired, the contracting authority may not conclude the contract until the application has been decided or the suspensive effect has been lifted.

Does the standstill obligation also apply to framework agreements? Yes, for the conclusion of the framework agreement itself. For individual call-offs within an existing framework agreement, simplified rules apply.

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