Revocation of a call for tenders
The procurement procedure ends with the conclusion of the service contract or with the revocation of the procurement procedure.
In general, these rules also apply to entrepreneurs from EU Member States in Austria.
A procurement procedure is to be revoked after the tender period has expired if
- circumstances become known which, had they been known before the start of the procurement procedure, would have excluded a call for tenders, or
- circumstances become known which, had they been known before the start of the procurement procedure, would have resulted in a substantially different call for tenders, or
- no tender has been received or
- no tender remains in the procurement procedure after the elimination of tenders.
Before the tender period expires, revocation is mandatory in the case of the first two points.
A procurement procedure can be revoked after the tender period has expired if
- only one tender has been received, or
- only one tender remains after the elimination of tenders, or
- there are objective grounds for doing so.
A call for tenders can be revoked before the tender period expires if there are objective grounds for doing so.
The contracting entity must inform tenderers of the intended revocation or make it known in the same way as the (contract) notice. After the period of participation in a restricted procedure or negotiated procedure has expired, a notice can be dispensed with and the revocation decision can be communicated to the traders remaining in the procedure. The notice and communication must announce the end of the standstill period and the reasons.
The revocation may not be declared before the standstill period expires (otherwise it will be ineffective!). This begins with the transmission or provision of the communication of the revocation decision and, in the case of a revocation before the end of the tender period, with the first availability of the notice or communication. The standstill period is:
- 10 days in the case of electronic transmission or provision
- 15 days in the case of communication by letter or other suitable transmission
Before the standstill period expires, no new procurement procedure may be initiated for the same contract subject (unless the procurement is required for urgent compelling reasons). Tenders that have already been received may not be opened.
The regulations apply to the ‘traditional area’ of procurement procedures (contracting authorities). The (slightly) different provisions for the sectoral area and the awarding of concessions are therefore not set out.
responsible for content: Federal Ministry of Justice