Guide · Results & appeals

The standstill rules (section 129) – a bidder's critical window after the procurement decision

Once a public procurement decision has been made and the winner chosen, the contracting authority cannot sign the contract immediately. In procurements above the EU threshold — and in certain Annex E service and health and social services procurements — the law (section 129) requires a mandatory standstill period.

Updated 7 July 2026 · Tendera

The standstill period exists precisely to safeguard bidders' legal protection. It prevents a situation where the contracting authority locks up the market by concluding the contract right after publishing the decision, leaving any appeal against procedural errors effectively too late. A bidding company needs to understand the mechanics of the standstill period and the opportunities and risks it brings.

1. The length of the standstill period and how it is counted

The standstill period lasts at least 14 days. Time starts running from the moment the bidder is notified of the procurement decision and the appeal notice (in practice, from the moment of electronic notification through the procurement portal). If the decision is exceptionally delivered by paper letter, the standstill period is 21 days.

The holiday rule must be taken into account when counting the deadline: if the last day falls on a public holiday, Independence Day, May Day, Christmas Eve, Midsummer Eve or a Saturday, the contract may be signed at the earliest on the next working day.

2. Automatic suspension (the ban on concluding the contract)

The central legal effect of the standstill period is the ban on concluding the contract. The contracting authority may not sign the contract with the winning bidder during this time.

If a bidder detects an error in the procurement decision or the comparison and files an appeal with the Market Court within the standstill period, an automatic suspension is triggered. This means the ban on concluding the contract is automatically extended, and the buyer may not sign the contract until the Market Court has decided the matter (or granted separate permission to implement the contract).

For a company this 14-day window is therefore an absolute deadline: if an appeal is not lodged with the Market Court within the standstill period, the contracting authority can conclude a binding contract with the winner. Unwinding a contract afterwards is legally extremely difficult and exceptional, so the losing bidder's only remaining remedy is often to claim compensation.

3. Exceptions – when does the standstill period not apply? (section 130)

The Procurement Act recognises situations in which observing the standstill period is pointless administrative delay. A contracting authority need not observe it in the following cases, among others:

The only accepted bid: If only one acceptable bid was received and there are no other bidders or candidates concerned. No one's legal protection then requires the contract to be delayed.
Procurements within a framework arrangement: When the procurement is made inside a framework arrangement already tendered (a so-called mini-competition), the standstill period is as a rule not mandatory, although many contracting authorities apply it voluntarily to minimise risk.
Certain direct awards: Although an unlawful direct award can be challenged, in lawful direct award situations (extreme urgency or technical exclusivity, for example) the standstill period does not apply in its traditional form unless the contracting authority publishes a voluntary ex ante transparency notice.

4. What a bidder should do during the standstill period

The standstill period demands a fast response from the company's sales and expert organisation. When the decision arrives, the steps must be organised without delay:

Analyse the decision at once: Check the scoring and the comparison table immediately.
Request the documents under the openness act: If you lost on quality, ask the contracting authority immediately to see the winning bidder's documents to the extent they affected the comparison. Because the authority must respond to an information request, a fast request ensures you have time to analyse possible errors before the 14-day deadline expires.
Prepare for a rectification request: If you find a clear error, draft a procurement rectification request. Remember that a rectification request alone does not extend the standstill period or prevent the contract from being concluded — only an appeal to the Market Court does. In critical cases it is therefore often necessary to use both remedies in parallel.

Frequently asked questions

How long is the standstill period?

At least 14 days from electronic notification of the procurement decision; 21 days with paper notification (section 129). If the last day falls on a public holiday or a Saturday, the contract may be signed at the earliest on the next working day.

What does the standstill period mean in practice?

The contracting authority may not sign the contract during the standstill period. The period exists for bidders' legal protection: it leaves time to assess the decision and use legal remedies.

What is automatic suspension?

If an appeal is filed with the Market Court within the standstill period, the ban on concluding the contract continues automatically until the court has decided the matter. A contract concluded after the standstill period is in practice final — a late appellant is often left only with a claim for compensation.