Deadlines under public procurement law

Public procurement law and the review procedure have numerous time limits. First of all: there are no more than in other areas of law. We have compiled some deadlines as an initial overview. The overview is not exhaustive.

1. waiting period (Section 134 GWB)

Meaning:
Before concluding the contract, the contracting authority must inform the unsuccessful bidders of the rejection of their bids and the intended award. The waiting period gives the bidders the opportunity to review the planned award and, if necessary, to take legal action.

Duration:
10 days from transmission of the notification (in the case of electronic delivery).

Purpose:
Ensuring effective legal protection for bidders.

2. notice period for detected infringements (Section 160 (3) No. 1 ARC)

Meaning:
Bidders must report violations of procurement regulations within 10 days as soon as they become aware of them.

Purpose:
Prevention of tactical waiting in order not to delay the proceedings unnecessarily.

3. notice period for recognizable violations in the contract notice or award documents (Section 160 (3) No. 2, 3 GWB)

Significance:
Obvious infringements in the contract notice or the tender documents must be reported by the end of the tender or participation application deadline at the latest. However, it is controversial as to exactly which legal infringement must be objected to and when.

Purpose:
To ensure that the procedure is checked for correctness as early as possible.

4. application deadline for review proceedings (Section 160 (3) No. 4 GWB)

Significance:
After rejection of a complaint by the contracting authority, the bidder has a period of 15 days to submit a request for review to the procurement chamber.

Purpose:
Setting deadlines in order to clarify legal disputes promptly and not delay the proceedings unreasonably.

5 Decision deadline of the awarding chamber (Section 167 (1) GWB)

Significance:
The procurement chamber is obliged to decide on applications for review within 5 weeks in order not to delay the procurement process disproportionately.

Purpose:
To ensure that the process runs smoothly.

6 Binding offer period

Meaning:
The bidder is bound by its bid during the bid binding period. The contracting authority may award the contract within this period.

Purpose:
Commitment and planning security for both parties.

7. immediate appeal (Section 172 (1) GWB)

Significance:
An immediate appeal can be lodged with the Higher Regional Court against decisions of the Public Procurement Chamber within 2 weeks.

Purpose:
Enabling a second instance to review the decision of the procurement chamber.

8. limitation period for damages (§§ 195, 199 BGB)

Significance:
Claims for damages arising from breaches of contract expire 3 years after the end of the year in which the claim arose.

Purpose:
Limitation of liability and preservation of legal certainty.

9. 6-month period for invalidity of the contract (Section 135 (2) ARC)

Significance:
Contracts that were concluded in breach of the waiting or publication obligation can be declared invalid if an application for a declaration of invalidity is filed within 6 months.

Purpose:
Limitation of the after-effect period of infringements.

10. 30-day period upon knowledge of the conclusion of the contract (Section 135 (2) ARC)

Meaning:
If a bidder is aware of the de facto conclusion of the contract, it must file an application for a declaration of nullity within 30 days in order to have the contract declared invalid.

Purpose:
Promotion of legal certainty and prevention of an infinite possibility of appeal.

11 Start of contract

Meaning:
The start of the contract is regulated individually in the contract.

Purpose:
To ensure that the contract is not closed prematurely.

12. question period

Meaning:
Bidders can ask questions about the tender documents before the tender deadline. The contracting authority may set the deadline.

Purpose:
Transparency and equal opportunities.

13th deadline for submitting the application to participate

Meaning:
Applicants must submit their request to participate within the specified deadline, which is usually at least 30 days.

Purpose:
Ensuring sufficient time to prepare applications.

14. deadline for submission of the offer

Meaning:
Bidders must submit their bid within the specified period. As a rule, this must be at least 30 days.

Purpose:
Ensuring a fair competitive situation.

15. deadline for written submissions (Section 167 (3) ARC)

Significance:
Parties are often set deadlines for submitting written submissions in the review procedure. This deadline is set individually by the procurement chamber.

Purpose:
Ensuring a structured and orderly process.

16. deadline for withdrawal of the complaint

Meaning:
The withdrawal of a complaint is voluntary and can usually be made without a statutory deadline. Sometimes contracting authorities set deadlines in order to avoid a submission to a sub-threshold procurement chamber; in these cases, the withdrawal of a futile complaint can be useful to save costs.

Purpose:
Termination of the proceedings by resolving the points in dispute.

17. date of the oral hearing (Section 166 (1) ARC)

Meaning:
The date is set by the awarding chamber in order to discuss the facts of the case in detail.

Purpose:
Hearing and transparency in proceedings.

18. objection to hearing

Meaning:
Used to review a court decision if the right to be heard has been violated. The deadline is 2 weeks after notification.

Purpose:
Protection of the right to be heard.

19. constitutional complaint (Art. 93 para. 1 no. 4a GG)

Significance:
A constitutional complaint can be lodged against decisions of the court of last instance if fundamental rights have been violated. The time limit is 1 month.

Purpose:
Safeguarding fundamental rights.

20. interim assignment

Meaning:
A contractor is temporarily commissioned here to avoid gaps in supply or malfunctions.

Purpose:
Ensuring the continuity of services.