What is a Contract Notice?
A contract notice (Auftragsbekanntmachung) is the formal public announcement through which a contracting authority informs the market about an upcoming or ongoing procurement procedure. It serves as the primary instrument for ensuring transparency and competition in public procurement. The notice contains essential information about the contract, including the subject matter, estimated value, applicable procedure type, qualification requirements, submission deadlines, and award criteria.
For procurement above the EU thresholds, contract notices must be published in the Official Journal of the European Union via Tenders Electronic Daily (TED). Since October 2023, these notices must conform to the eForms standard, a structured electronic format that ensures consistency and machine-readability across all EU member states. For below-threshold procurement in Germany, notices are typically published on national or regional procurement portals.
The contract notice is legally binding in the sense that it establishes the framework of the procurement procedure. Any conditions, requirements, or deadlines stated in the notice must be adhered to by both the contracting authority and the bidders. Changes to the notice after publication require a formal correction notice (Berichtigung), and significant changes may necessitate extending submission deadlines.
Why It Matters for Bidders
For bidders, the contract notice is the starting point of every procurement opportunity. Monitoring contract notices across relevant procurement portals and TED is essential for identifying business opportunities early. The notice provides the first indication of whether a tender matches a company's capabilities, geographic reach, and strategic interests.
Bidders should carefully review all details in the contract notice, as it defines the eligibility criteria and deadlines that cannot typically be negotiated. Missing a deadline stated in the contract notice usually results in automatic exclusion from the procedure. The notice also specifies whether variant bids are permitted, whether the contract is divided into lots, and what evidence of suitability must be submitted.
Legal Framework
The obligation to publish contract notices is established in Sections 37 and 38 VgV for above-threshold procurement and in the UVgO for below-threshold procurement. The eForms format is mandated by EU Implementing Regulation 2019/1780. At the EU level, Directive 2014/24/EU sets out the requirements for contract notices, including mandatory content and publication rules.