Contract Award Decision

The contract award decision is one of the most consequential steps in any public procurement process. It marks the moment when a contracting authority formally selects a winner from the evaluated tenders, but it does not yet create a binding contract. The gap between the award decision and the contract signature is deliberate: it gives unsuccessful bidders the opportunity to challenge the outcome before irreversible commitments are made.

What is a Contract Award Decision?

Under Directive 2014/24/EU (Article 55), contracting authorities must notify all tenderers of the award decision as soon as possible after the decision has been made. The notification must include:

• the name of the winning tenderer,
• the score of the winning tender and of the tenderer receiving the notification,
• the reasons why the tenderer's bid was unsuccessful (including where it failed to meet technical specifications or selection criteria),
• the duration of the mandatory standstill period before the contract can be signed.

In the UK, equivalent obligations apply under the Procurement Act 2023, which requires an assessment summary to be issued to all participants, detailing how each bid was scored against the published award criteria.

The award decision is not the same as the award notice publication, which is a public notice sent to the Official Journal of the EU (OJEU) or published on Find a Tender (in the UK) after the contract is signed. The award decision is a private notification to participants.

Why it matters for bidders

The award decision triggers your right to seek a debrief and, critically, starts the clock on the standstill period, typically ten calendar days for electronic notifications (fifteen days for non-electronic). If you believe the evaluation was conducted unlawfully, this window is your primary opportunity to seek an automatic suspension of the contract-signing process through the courts.

Receiving the award decision with a detailed score breakdown allows you to assess the strength of the winning bid versus your own and to prepare an informed challenge or a better submission in future competitions. Always request the maximum level of feedback available, even when you lose narrowly.

Example

A Belgian federal agency runs a restricted procedure for IT managed services. After evaluation, it notifies five tenderers of the award decision. The winning supplier scored 87 out of 100 against the award criteria. One unsuccessful bidder scored 79 and received a written explanation showing it lost points on the methodology section. The bidder has ten days to review its legal options before the agency can sign the contract.

Frequently Asked Questions

When does the standstill period begin?

The standstill period begins on the day after the award decision notification is sent to all tenderers. For electronic notifications (the standard in most European jurisdictions), it lasts a minimum of ten calendar days. Contracting authorities may apply longer periods voluntarily.

Can a contracting authority reverse its award decision?

Yes, in limited circumstances. If a legal challenge or review reveals a material error in the evaluation, the authority may cancel the procedure or re-evaluate bids. Some jurisdictions also permit voluntary suspension during review. However, reversing an award decision after the contract has been signed is far more complex and may require court intervention.

Is the award decision the same as the letter of intent?

No. The award decision is the formal notification of the outcome of the evaluation. A letter of intent is a separate document sometimes issued to the winning bidder indicating the authority's intention to award the contract, often before full contract negotiations conclude. Not all procurements issue a letter of intent.