What is a Prior Information Notice?
A prior information notice (Vorinformation) is an advance publication through which a contracting authority informs the market about procurement procedures it intends to conduct in the upcoming fiscal year or planning period. Unlike the contract notice, which initiates a specific procurement procedure, the prior information notice is a preliminary announcement that gives potential bidders early visibility into upcoming opportunities, allowing them to prepare and plan their participation.
The prior information notice is published on TED and typically covers the contracting authority's planned procurement program for the coming 12 months, listing the anticipated contracts by category, estimated value, and expected timeline. The notice is not legally binding in the sense that the contracting authority is not obligated to actually conduct all the announced procurements. However, it creates legitimate expectations in the market and serves as a planning tool for both the public sector and the business community.
An important practical benefit of publishing a prior information notice is the ability to reduce minimum bid submission deadlines in subsequent procurement procedures. Under the VgV, if a contracting authority has published a prior information notice at least 35 days and no more than 12 months before the dispatch of the contract notice, the minimum deadline for bid submission in an open procedure can be reduced from 35 days to 15 days. This deadline reduction incentivizes contracting authorities to plan ahead and publish prior information notices, while the advance warning compensates bidders for the shorter response time.
Why It Matters for Bidders
Prior information notices provide valuable advance intelligence about upcoming procurement opportunities. Companies that monitor these notices can begin their preparation months before the formal contract notice is published, researching the contracting authority's needs, assembling project teams, securing partnerships, and developing preliminary technical approaches. This head start can translate into higher-quality bids and a competitive advantage.
Bidders should include prior information notices in their systematic monitoring of TED and national procurement portals. While not every announced procurement will materialize, the information helps companies plan their bid pipeline, allocate resources strategically, and make informed decisions about which opportunities to pursue.
Legal Framework
Prior information notices are regulated in Section 38 VgV for above-threshold procurement, implementing EU Directive 2014/24/EU Articles 48 and 27 (2). The deadline reduction benefit is specified in Section 15 (3) VgV. The eForms standard includes specific notice types for prior information notices. Publication on TED is required for above-threshold procurement; national portals may be used for below-threshold announcements.