What does prior information notice mean?
The prior information notice (Vorinformation, PIN) is a type of notice in public procurement that contracting authorities use to inform the market early about planned purchases. It is published before the actual contract notice and serves to make potential bidders aware of upcoming tenders and to give them time to prepare.
The prior information notice contains basic information about the planned contract, such as the subject of the contract, the estimated scope, the expected publication date of the contract notice and the place of performance. However, it does not oblige the contracting authority to carry out the announced procurement procedure and does not create any rights for potential bidders.
A key advantage of the prior information notice is the option to shorten deadlines. If the contracting authority has published a prior information notice, it can shorten the bid deadline in the following open procedure to 15 days, provided the prior information notice was sent to TED at least 35 days and at most twelve months before the contract notice. In the restricted procedure and the negotiated procedure, the bid deadline can be shortened to ten days. The prior information notice can also serve as a call for competition, especially in the utilities sector.
Relevance for bidders
For bidders, the prior information notice is a valuable tool for watching the market early. It lets you spot planned tenders in time and plan your internal preparation accordingly. Companies that evaluate prior information notices systematically gain a head start over competitors who only react to the actual contract notice.
Bidders should regularly monitor the prior information notices published on TED and on national tender portals. The prior information notice also offers a chance to contact the awarding office early, if this is permitted as part of market research. Bidders should keep in mind that bid deadlines can be shorter after a prior information notice, which requires a quick response once the contract notice is published.
Legal framework
Above the EU thresholds, the prior information notice is governed by Section 38 VgV (Public Procurement Ordinance). The option to shorten deadlines is in Sections 15(4), 16(6) and 17(7) VgV. EU Procurement Directive 2014/24/EU governs the prior information notice in Article 48. In the utilities sector, under the SektVO (Sector Ordinance), the prior information notice can also be used as a notice of the existence of a qualification system. It is published via TED and must follow the required eForms format.