What does application deadline mean?
The application deadline (Bewerbungsfrist), also called the participation deadline (Teilnahmefrist), is the period within which interested companies must submit their requests to participate in two-stage procurement procedures. It is used in particular in the restricted procedure, the negotiated procedure with participation contest and the competitive dialogue. The application deadline must be distinguished from the bid deadline, which only starts in the second stage of the procedure after the suitable candidates have been selected.
In EU-wide procedures, the minimum application deadline under the VgV (Public Procurement Ordinance) is generally 30 days from the day the notice is sent to TED. In urgent cases that justify a reduction, this deadline can be shortened to 15 days. Below the EU thresholds, shorter deadlines apply, which follow the UVgO (Sub-Threshold Procurement Rules) or the respective state procurement rules. The contracting authority can set longer deadlines if the scope and complexity of the contract require it.
The request to participate must reach the contracting authority in full within the application deadline. As with the bid deadline, late receipt leads to mandatory exclusion. For electronic submission, the time stamp of the tender portal is decisive. The contracting authority must set the deadline so that candidates have enough time to compile and submit the required suitability evidence.
Relevance for bidders
Meeting the application deadline is a mandatory condition for taking part in two-stage procedures. Bidders should start compiling their requests to participate early, because these often include extensive suitability evidence such as references, turnover figures, staff qualifications and certifications. Especially in procedures that require capacity reliance (Eignungsleihe) or forming a bidding consortium, plan for more coordination effort.
Bidders should also note that the contracting authority can extend the application deadline under certain conditions, for example if material changes are made to the conditions of participation. It is advisable to check the tender portal regularly for updates and to register there to receive automatic notifications.
Legal framework
The minimum deadlines for requests to participate in EU-wide procedures are governed by Section 16 VgV. For sector contracting entities, the provisions of the SektVO (Sector Ordinance) apply. Below the EU thresholds, deadline rules are in the UVgO and the VOB/A (Construction Contract Procedures, Part A). EU Procurement Directive 2014/24/EU sets the minimum deadlines for submitting requests to participate in Articles 28 and 29.