What is a Standstill Letter?
The standstill letter (Vorabinformation), also known as the Section 134 GWB notification, is the mandatory written communication that a contracting authority must send to all unsuccessful bidders and candidates before concluding a contract with the successful bidder in above-threshold procurement. This notification triggers the standstill period (Stillhaltefrist), during which the contract must not be signed, giving aggrieved bidders the opportunity to challenge the award decision.
The standstill letter must contain specific information as required by Section 134 (1) GWB: the name of the bidder whose bid the contracting authority intends to accept, the reasons for the rejection of the recipient's bid, and the earliest date on which the contracting authority intends to conclude the contract. For bidders whose offers were excluded, the notification must state the specific reasons for exclusion. For bidders who were not selected despite having admissible bids, the notification must explain the relative advantages of the successful bid.
The information provided in the standstill letter serves a dual purpose. It fulfills the contracting authority's transparency obligation by explaining the basis for its decision, and it enables unsuccessful bidders to assess whether the decision was made in accordance with the stated award criteria and applicable procurement rules. The adequacy of the reasons stated in the standstill letter is itself subject to review; insufficient or misleading information can constitute a procedural violation.
Why It Matters for Bidders
The standstill letter is the trigger for bidders' most important legal protection right. Upon receiving this notification, bidders have a narrow window, typically 10 calendar days for electronic notification, to decide whether to challenge the award decision. This requires prompt internal review and, if warranted, immediate engagement of legal counsel.
Bidders should review the stated reasons for rejection carefully and compare them against the award criteria published in the tender documents. If the reasons appear inconsistent with the stated criteria, if relevant qualitative aspects seem to have been disregarded, or if the scoring appears arbitrary, these may be grounds for filing a review application with the Vergabekammer. The quality and specificity of the reasons provided in the standstill letter often determine whether a successful challenge is possible.
Legal Framework
The standstill letter is mandated by Section 134 GWB, implementing EU Directive 2014/24/EU Article 55 (2) and the EU Remedies Directive 2007/66/EC. The minimum standstill periods (15 days for postal notification, 10 days for electronic notification) are established in Section 134 (2) GWB. Failure to send a proper standstill letter can render the subsequently concluded contract ineffective under Section 135 GWB.