What does delivery deadline mean?
The delivery deadline (Lieferfrist) is the contractually agreed period within which a contractor must perform the agreed work or deliver ordered goods. In public procurement, the contracting authority sets the delivery deadline in the procurement documents, and it is part of the contract. It can be defined as a fixed date or as a period from the award or the placing of the order.
Setting a reasonable delivery deadline is very important for competition. Delivery deadlines that are too short can restrict the group of bidders inadmissibly, because only a few companies may be able to perform the required work in the given time. The awarding office (Vergabestelle) must therefore take market conditions and the complexity of the contract into account when setting the delivery deadline. In certain cases, the delivery deadline can also be used as an award criterion, so that bidders with shorter delivery times gain a competitive advantage.
For supply contracts, the delivery deadline usually covers the period from the order to complete delivery at the agreed destination, including any assembly or installation work. Framework agreements often define deadlines for individual call-offs, which can be much shorter than the total term of the framework agreement.
Facts & figures
| Metric | Value |
|---|---|
| Maximum term of a framework agreement | 4 years (Section 21(6) VgV) |
| Default rules in the BGB | Sections 286 et seq. BGB |
| Execution deadlines for construction work | Section 5 VOB/B |
| Maximum contractual penalty, construction | 5% of the contract sum (Section 11(2) VOB/B) |
| Limitation period for defect claims, structures | 4 years (Section 13 no. 4 VOB/B) |
| Limitation period for defect claims, BGB contract for work | 5 years for structures (Section 634a BGB) |
Relevance for bidders
Meeting the delivery deadline is a core contractual obligation for bidders. A breach of the agreed delivery deadline can have significant consequences, including contractual penalties, damage claims or, in the worst case, termination of the contract. When preparing a bid, bidders must therefore check carefully whether they can realistically meet the required delivery deadline.
When pricing, bidders should also take risk factors such as supply chain problems, material availability and capacity bottlenecks into account. It is advisable to secure availability with upstream suppliers and subcontractors before submitting a bid. If the specified delivery deadline is not realistic from a technical point of view, bidders can raise this through bidder questions and push for an adjustment.
Legal framework
The legal basis for delivery deadlines is in the Bürgerliches Gesetzbuch (BGB, German Civil Code), in particular in the rules on default (Sections 286 et seq. BGB). Procurement law itself has no specific provisions on the length of the delivery deadline, but contracting authorities must set reasonable deadlines in line with the principles of procurement law. For construction work, the VOB/B governs execution deadlines and the consequences of missing them in Section 5. Contractual penalties for exceeding deadlines are limited to certain maximum rates under Section 11 VOB/B.