Standstill Period

The standstill period is one of the most significant procedural safeguards in European public procurement law. It creates a window between the award decision and contract signature during which disappointed bidders can scrutinise the outcome, request a debrief, and initiate legal proceedings if they believe the process was conducted unlawfully.

What is the Standstill Period?

The standstill period was introduced across the EU by the Remedies Directive (2007/66/EC), which amended the earlier Remedies Directives 89/665/EEC and 92/13/EEC. Under Article 2a of the amended directive, contracting authorities must allow at least 10 calendar days between sending the award decision notice to all tenderers and the date on which the contract may be concluded. This 10-day minimum applies when notice is sent electronically; a 15-day minimum applies when other communication methods are used.

In the UK, the standstill obligation was carried into domestic law through the Public Contracts Regulations 2015 and continues under the Procurement Act 2023, which preserves an equivalent standstill window for most above-threshold contracts.

The period formally begins when all tenderers and candidates have received the award decision notification, often referred to as the Alcatel letter. The notification must include the name of the successful tenderer, the reasons for the decision (including the characteristics and relative advantages of the winning bid), and a precise statement of the standstill period and the time by which a challenge must be lodged to trigger the automatic suspension.

Why the Standstill Period Matters for Bidders

For unsuccessful suppliers, the standstill period is the critical window for deciding whether to accept the outcome or mount a challenge. Without it, a contract could be signed before a bidder even received notification of the award, making any remedy practically impossible.

During the standstill period, a bidder can request a detailed debrief from the contracting authority. They can compare the feedback against their own bid scores, assess whether the evaluation was conducted in accordance with the published criteria, and take legal advice on whether a challenge is warranted.

If proceedings are issued before the standstill period expires, the automatic suspension is triggered in most European jurisdictions, preventing the contracting authority from signing the contract until the court rules on whether the suspension should be lifted. This keeps the remedy meaningful: the bidder is not forced to seek damages as a substitute for the opportunity to win the contract.

Example

A Spanish municipality sends award decision letters by email on a Monday. The standstill period of 10 calendar days expires the following Thursday. A losing bidder reviews their debrief on Wednesday, identifies a scoring irregularity, and files a procurement complaint with the national review body before the Thursday deadline. The contract cannot be signed until the review body has considered whether the suspension should be maintained or lifted.

Frequently Asked Questions

Does the standstill period apply to all contracts?

No. The standstill obligation applies to contracts above the EU procurement thresholds and equivalent UK thresholds. It generally does not apply to framework agreement call-offs, contracts awarded without prior publication where the authority has a genuine legal basis, or certain defence contracts governed by Directive 2009/81/EC. Below-threshold contracts are subject to national rules, which vary across European jurisdictions.

Can the contracting authority shorten the standstill period?

Generally no. The 10-calendar-day minimum is a legal floor, not a target. An authority that signs a contract before the standstill period expires commits a procedural breach that may give rise to a declaration of ineffectiveness or other sanctions under the Remedies Directive (2007/66/EC).

What happens if the standstill period passes without a challenge?

The contracting authority may sign the contract with the winning supplier. However, the absence of a pre-contractual challenge does not extinguish all remedies. Unsuccessful bidders may still pursue a damages claim (procurement) after contract signature, though this is a less powerful remedy than setting aside the award before the contract is concluded.