Standstill Period in Procurement Law

The standstill period is the statutory waiting time between award decision and contract conclusion that gives bidders the opportunity for review.

Definition: The standstill period is the statutorily prescribed waiting period that must be observed between notification of the award decision and the actual conclusion of the procurement contract, in order to give unsuccessful bidders the opportunity to have the decision reviewed under procurement law.

Last updated: January 2026 · Legal basis: Art. 2b Directive 89/665/EEC; AT: § 132 BVergG 2018; DE: § 134 GWB

What is the Standstill Period?

The standstill period – also called waiting period or suspensive period – is one of the central protective provisions of European procurement law: it prevents a contracting authority from concluding the contract immediately after notifying the award decision and thereby creating a fait accompli before unsuccessful bidders can initiate a review. During the standstill period, the contracting authority is obliged to refrain from concluding the contract – hence the term "standstill period".

The standstill period begins on the day of dispatch (not receipt) of the award decision to all bidders and ends after expiry of the statutorily prescribed minimum number of days, provided that no review application has been submitted.

Significance and Function

The standstill period is the practical link between the award decision and the conclusion of the contract and is what first makes primary legal protection in procurement law effective. Without a standstill period, legal protection for unsuccessful bidders would be largely ineffective: once the contract is concluded, it can generally no longer be annulled, and unsuccessful bidders are restricted to damages.

Deadlines in Detail

The minimum standstill period under Art. 2b Directive 89/665/EEC (Remedies Directive) is:

15 calendar days if the award decision is transmitted by electronic means or fax to all bidders
15 calendar days if notification is by post, with an extended period of 10 working days (in some national implementations)

Austria (§ 132 BVergG 2018):

15 calendar days for electronic or fax transmission
20 calendar days for transmission by other means
Shortened period of 7 days for urgent direct awards and certain below-threshold procedures

Germany (§ 134 GWB):

15 calendar days for electronic transmission
10 working days (not calendar days) for transmission by other means
The period begins on the day after dispatch of the information

Mandatory Content of the Award Decision

For the standstill period to begin effectively, the award decision to all bidders must contain certain minimum information:

Name of the successful bidder
Justification of the award decision (statement of the characteristics and advantages of the successful bid)
Reference to the duration of the standstill period and the possibility of review

If this information is missing, the standstill period does not begin or does not begin effectively.

Consequences of Violation of the Standstill Period

Violation of the standstill period – i.e. conclusion of the procurement contract before expiry of the period – is the most serious procurement law violation and leads to absolute nullity of the contract. Art. 2d Directive 89/665/EEC obliges Member States to provide for the ineffectiveness (nullity) of the contract in such cases.

Austria: § 334 BVergG 2018 in conjunction with § 168a BVergG 2018: the contract is absolutely null and void if it was concluded in violation of the standstill period and a review application was submitted.
Germany: § 135 GWB: a contract concluded in violation of § 134 GWB is invalid from the outset (pending invalidity, which is determined by the procurement chamber).

In addition to nullity, the contracting authority faces damages claims from unsuccessful bidders and consequences regarding the use of EU funding (financial corrections).

Legal Basis

The standstill period is mandatory under EU law and implemented through various national provisions.

EU: Art. 2a, 2b Directive 89/665/EEC (Remedies Directive) as amended by Directive 2007/66/EC
Austria: § 132 BVergG 2018 (above-threshold range); §§ 168a et seq. BVergG 2018 (nullity sanctions)
Germany: § 134 GWB (information and waiting obligation); § 135 GWB (ineffectiveness)

Related Terms

FAQ

Does the standstill period begin with the dispatch or the receipt of the award decision? The standstill period generally begins on the day after the dispatch of the award decision by the contracting authority, not only upon receipt by the bidders. The contracting authority must carefully document the dispatch, as the start of the deadline depends on it.

What happens if a bidder submits a review application? If a review application is submitted during the standstill period, the waiting obligation generally extends until the decision of the competent review authority or procurement control body. The contracting authority may not conclude the contract during this time, unless the review authority expressly permits this in the individual case.

Does the standstill period also apply to direct awards? No, the standstill period generally applies only to procedures in the above-threshold range. For direct awards and certain below-threshold procedures, there are no or strongly shortened waiting periods. The exact rules depend on national law.

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