What does challenge period mean?
The challenge period (Einspruchsfrist) in procurement law is the period within which a bidder can assert breaches of procurement law to protect its rights in the procurement procedure. German procurement law distinguishes between the complaint deadline (Rügefrist) and the deadline for initiating review proceedings before the public procurement tribunal (Vergabekammer). Both deadlines must be strictly observed, because missing them means losing legal protection.
The duty to complain under Section 160(3) GWB (German Act against Restraints of Competition) requires a bidder to raise identified breaches of procurement rules with the contracting authority without delay. Breaches that are already recognizable in the notice or in the procurement documents must be raised no later than the expiry of the bid or application deadline. Complaints that are not raised or raised too late make a later application for review inadmissible.
After the contracting authority states that it will not remedy a complaint, the bidder has 15 calendar days to initiate review proceedings before the competent public procurement tribunal. The standstill period under Section 134 GWB gives bidders at least 15 calendar days (10 days for electronic transmission) after being informed of the intended award to initiate review proceedings before the contract is awarded. During this period, the contracting authority may not award the contract.
Facts & figures
| Metric | Value |
|---|---|
| Standstill period (by post) | 15 calendar days (Section 134(2) GWB) |
| Standstill period (electronic) | 10 calendar days (Section 134(2) GWB) |
| Deadline for application for review after notice of non-remedy | 15 calendar days (Section 160(3) no. 4 GWB) |
| Complaint deadline for breaches recognizable in the notice | until expiry of the bid or application deadline |
| Scope | only above the EU thresholds (from €216,000 or €5,404,000 for works) |
| Legal basis for review proceedings | Sections 155–184 GWB |
Relevance for bidders
Knowing and meeting the challenge deadlines is of existential importance for bidders' legal protection under procurement law. A bidder who spots a breach of procurement law but misses the complaint deadline irrevocably loses the option of asserting the breach in review proceedings. It is therefore advisable to review procurement documents right after receiving them and to raise identified breaches immediately.
Bidders should establish an internal system that ensures procurement deadlines are monitored. For complex procedures or a significant contract volume, it can make sense to bring in a lawyer specializing in procurement law early, to assess the chances of success of a complaint or an application for review and to avoid missed deadlines.
Legal framework
The duty to complain and the deadlines for review proceedings are governed by Section 160(3) GWB. The standstill period (information obligation before the award) is in Section 134 GWB. Review proceedings before the public procurement tribunal are set out in Sections 155 to 184 GWB. These provisions apply only to procurements above the EU thresholds. Below the thresholds, legal protection is less formalized and follows general administrative or civil law.