Tender Validity Period in Procurement Law 2026

The tender validity period is the time during which a bidder is bound by their tender and the contracting authority can make the award.

Definition: The tender validity period is the period set out in the tender during which a bidder remains bound by their tender and the contracting authority can bring the contract into being by making the award; once this period has expired, the binding effect of the tender lapses.

Last updated: January 2026 · Legal basis: § 112 BVergG 2018; § 10 VOB/A; § 862a ABGB; § 148 BGB

What is the tender validity period?

The tender validity period (also: award period, binding period) is the time within which the contracting authority must make the award for a valid contract to arise. Once a bidder has submitted a tender, they are bound by it for the specified duration; the contracting authority can bring the contract about by awarding it within this period. After expiry of the validity period, the binding effect lapses and the bidder is no longer bound by their tender.

Setting by the contracting authority

The contracting authority sets the validity period in the tender. It must be set so as to provide sufficient time for tender examination, evaluation and award, while not binding bidders unreasonably long. A period that is too short jeopardises the procedure; an excessively long period burdens bidders and can lead to costing uncertainty.

Typical validity periods:

Simple supply contracts: 30–60 days
Complex works and service contracts: 60–120 days
Contracts with a long evaluation phase: up to 180 days

Extension of the validity period

If the procurement procedure cannot be concluded within the original validity period, the contracting authority can ask bidders for an extension. Bidders are not obliged to agree to an extension; if they refuse, their tender is removed from the evaluation. A unilateral extension by the contracting authority is not possible.

Binding effect and withdrawal

During the validity period, the bidder generally may not withdraw their tender; a withdrawal is contrary to procurement law and may trigger liability for damages. In Austrian law, the binding effect is governed by § 112 BVergG 2018; in German law, it results from §§ 145 ff. BGB in conjunction with the procurement documents.

Relationship to the award period

Tender validity period and award period are often used synonymously. Strictly speaking, the award period denotes the time within which the contracting authority must make the award in order to conclude the contract with the successful bidder. The validity period is the period of binding effect from the bidder's perspective.

FAQ

What happens if the contracting authority makes the award after the validity period has expired? An award made after the validity period has expired does not constitute a contract; the bidder is no longer bound. As a practical matter, the contracting authority then risks no longer having a contractor and being forced to cancel the procedure.

Can a bidder adjust their price during the validity period? No. During the validity period, the tender is binding without change. Price adjustments are possible only within the framework of contractually agreed price escalation clauses, and only after the award has been made.

Does the validity period also apply to alternative tenders? Yes. Alternative tenders are subject to the same rules as main tenders, including the validity period.

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