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Preserve your position before a defect becomes impossible to challenge.
What matters in practice
A procurement complaint is a legal step with timing consequences, not simply a request for information. Under section 160(3) GWB, recognised infringements generally require a complaint within ten calendar days; defects apparent from the notice or tender documents must be raised by the relevant participation or tender deadline. Other admissibility requirements also apply.
How we assist
Where the authority refuses to remedy a complaint, a separate 15-calendar-day period can become decisive for a review application. These rules must be assessed alongside the award standstill and the actual procedural posture. Sending a complaint does not itself secure every form of protection against contract signature.
Three practical examples
1. The bidder challenges an unclear reference requirement
The complaint identifies the exact wording, explains the uncertainty and requests a specific correction. It shows how the bidder’s participation is affected and includes the relevant document version. A concrete objection gives the authority a meaningful opportunity to respond and creates a clearer record for any later proceeding.
2. A scoring concern appears after rejection
The bidder compares the reasons with the published criteria and its actual submission. It avoids speculative accusations and identifies the inconsistency it can substantiate. The legal review addresses both the merits and timing, including whether further information or a review application is needed before signature.
3. Several deadlines overlap
A tender deadline, complaint response and intended award date fall close together. The team builds a dated chronology and distinguishes each legal requirement. It does not rely on a single diary entry labelled appeal deadline. The next action is selected according to the earliest step necessary to preserve the relevant remedy.
Documents for an initial assessment
Send the full notice or decision, the date and method of receipt, the tender deadline and prior correspondence immediately.
Related guidance
German and EU procurement framework · Legal sources
Legal reference: Official source. Reviewed 12 November 2026. This overview does not replace advice on the relevant procurement and its deadlines.
Make the objection concrete
Identify the requirement or decision, explain why it is defective and state how it affects the bidder. Refer to the relevant document version and request a clear correction. A broad reservation of rights or a general question about fairness may not serve the same function as a proper procurement complaint.
Maintain a deadline record
Record discovery of the issue, document deadlines, the complaint, the authority’s response and the planned award date. Different statutory preclusion rules can operate alongside the standstill period. A bidder should not wait for the end of every deadline if the authority can lawfully sign earlier.
A practical working sequence
- Identify the specific defect and requested correction.
- Preserve proof of communication and receipt.
- Prepare the next procedural step before time expires.
Documents, decisions and next steps
For an urgent assessment, provide a dated chronology and the complete notices, tender documents and correspondence. Explain the commercial objective and whether the contract has already been signed. We distinguish the legal merits from admissibility, timing, interim protection and the practical result a proceeding could achieve. The authority’s response may resolve one issue while leaving another open, so the position should be reassessed at each material step. Keep original electronic messages and attachments, rather than relying only on a summary of a telephone conversation. Any proposed settlement should be checked for its effect on the procurement and on the other participants.
German state rules · EU country guides · Special procedures · Industry guidance
Discuss your procurement
Tell us whether you are a bidder or contracting authority, identify the procurement and include the next deadline. We assess the scope, conflicts and proposed next steps before accepting instructions.