What is the Award Deadline?
The award deadline (Zuschlagsfrist) is the period within which the contracting authority is expected to evaluate bids, make the award decision, and conclude the contract with the successful bidder. While the bid validity period (Bindefrist) sets the timeframe during which bidders are bound by their offers, the award deadline represents the contracting authority's corresponding obligation to complete the evaluation and award process within a reasonable time.
The award deadline is not always explicitly defined by statute but is closely linked to the bid validity period. The contracting authority must complete the procurement process within the validity period of the bids, as bidders are only bound by their offers during this period. If the evaluation takes longer than anticipated, the contracting authority must request voluntary extensions of the bid validity period from all bidders. Bidders who decline to extend are excluded from further consideration, and their bids are returned.
In practice, the award deadline encompasses multiple steps: the technical and commercial evaluation of all bids, the suitability assessment of bidders, the application of award criteria to determine the most economically advantageous tender, the preparation and review of the award recommendation, the internal approval of the award decision, the dispatch of the standstill letter (Vorabinformation), the observance of the standstill period, and finally the conclusion of the contract with the successful bidder.
Why It Matters for Bidders
The award deadline has practical financial implications for bidders. While their bids are pending, bidders must maintain their pricing, reserve capacity, and keep their proposed project team available. Prolonged award processes create uncertainty and can tie up resources that could be deployed on other opportunities. Bidders should factor the expected duration of the award process into their resource planning and pricing strategy.
If the award process extends significantly beyond the original bid validity period, bidders face a strategic decision when asked to extend. They must weigh the continued commitment of resources against the probability and value of winning the contract. In markets with rapidly changing prices, an extension request may also trigger a reassessment of whether the original pricing remains viable.
Legal Framework
The award deadline is primarily governed by the bid validity period provisions in the VgV and VOB/A. Section 134 GWB establishes the standstill period that must be observed before contract conclusion. General principles of good administration and proportionality require contracting authorities to conduct evaluations within reasonable timeframes. EU Directive 2014/24/EU does not prescribe specific award timelines but requires that procedures be conducted efficiently.