Deadlines in procurement procedures

Deadlines are the point at which it is decided whether you can manage a bid at all. Their length varies depending on the procedure and the set of rules, and they are calculated differently in construction than for supplies and services. The deadlines in review proceedings are short, and since July 2026 they have had a harsher effect than before.

Bid and participation deadlines above the thresholds

The minimum deadlines of the Public Procurement Regulation (VgV) apply to supplies and services. They are minimum values. The contracting authority must set longer deadlines if preparing the bid clearly requires more time.

If bids are submitted electronically, the bid deadline is reduced by five days. The reduction for a prior information notice is set out in Section 38(3) VgV; it is often wrongly attributed to Section 15 VgV.

New since July 2026: in cases of extreme urgency in the negotiated procedure without prior call for competition, Section 17(15) VgV no longer provides for a minimum deadline.

Bid validity period

The bid validity period is the period during which you are bound by your bid. In construction it is typically 60 calendar days. This matters considerably for your pricing: you must set material and labour costs so that they hold over this period. With volatile material prices, this is a real risk that belongs in the price.

If the bid validity period is to be extended because the procedure is dragging on, your consent is required. You are not obliged to give it, but refusing usually means that your bid drops out of the evaluation.

Deadlines in review proceedings

If you want to challenge a decision, short deadlines apply that cannot be extended.

• Complaint (Rüge): within ten calendar days of becoming aware of the infringement. Infringements that are recognisable from the contract notice or the tender documents must be raised by the end of the application or bid deadline.
• Application for review: within fifteen calendar days of receiving notification that the complaint will not be upheld.
• Immediate appeal: a non-extendable deadline of two weeks from service of the decision of the public procurement tribunal (Vergabekammer).
• Ineffectiveness of a contract under Section 135 of the Act against Restraints of Competition (GWB): thirty calendar days from knowledge, at the latest six months after conclusion of the contract.

The procurement tribunal decides within five weeks. An extension should not exceed two weeks.

What review proceedings cost

The procurement tribunal's fee is at least €2,500. The standard upper limit is €50,000, and in individual cases up to €100,000 is possible. On top of this come your own legal fees and, if you lose, those of the other side. You should know these figures before initiating proceedings.

How to handle deadlines

For every tender, enter three dates: the deadline for bidder questions, the bid deadline and the end of the bid validity period. The deadline for bidder questions is the one most often overlooked, even though it is your only opportunity to have ambiguities in the documents resolved. The contracting authority's answers go to all bidders and become part of the tender documents.

Work backwards: if you need evidence from third parties, such as a certificate of good standing or a bank reference, plan in their processing time. If you have prequalification, you save exactly this buffer.