What is the Standstill Period?
The standstill period (Stillhaltefrist or informations- und Wartepflicht) is a mandatory waiting period that must elapse between the contracting authority's notification to unsuccessful bidders about the intended contract award and the actual conclusion of the contract with the successful bidder. This period gives aggrieved bidders time to review the award decision and, if they believe procurement rules have been violated, to initiate a review procedure before the contract becomes binding.
Under Section 134 GWB, the contracting authority must inform each unsuccessful bidder of the intended award, including the name of the successful bidder, the reasons for the rejection of their bid, and the earliest date on which the contract will be concluded. The standstill period is at least 15 calendar days if the notification is sent by post, or at least 10 calendar days if sent by fax or electronic means. The contract may not be concluded before the expiry of this period.
The standstill period is one of the most important procedural safeguards in EU procurement law. It was introduced by the EU Remedies Directive 2007/66/EC specifically to address the problem of contracts being concluded so quickly after the award decision that affected bidders had no practical opportunity to seek review. A contract concluded in violation of the standstill period may be declared ineffective (unwirksam) by the Vergabekammer, which is one of the most severe sanctions available under procurement law.
Why It Matters for Bidders
The standstill period is the critical window during which bidders can exercise their right to challenge a procurement decision. Upon receiving the notification of the intended award, bidders should immediately review the stated reasons for rejection and assess whether the decision appears to be lawful. If there are grounds for concern, legal counsel should be engaged without delay, as the time window is narrow.
Bidders should ensure they have reliable communication channels to receive notifications promptly, as the standstill clock starts ticking from the date of dispatch by the contracting authority, not from receipt by the bidder. Delays in receiving or reviewing the notification can effectively compress the available time for challenging the decision.
Legal Framework
The standstill period is governed by Section 134 GWB, implementing EU Remedies Directive 2007/66/EC (amending Directive 89/665/EEC). The consequences of violating the standstill period, including the potential ineffectiveness of the contract, are set out in Section 135 GWB. EU Directive 2014/24/EU Article 55 (2) reinforces the standstill requirement.