Zuschlagsentscheidung

Zuschlagsentscheidung is a formal decision by a public contracting authority to award a contract to a bidder following a competitive bidding process. It marks the end of the procurement procedure and initiates the contract formation between the awarding authority and the successful bidder.

The decision typically identifies the winning bidder and the awarded contract, including the contract price, the scope of performance, and the key terms and conditions. It explains the basis for the award, such as the ranking of bids according to predefined criteria (for example price and quality) and references to the evaluation methodology and tender documents. In many cases the decision also announces the standstill period during which unsuccessful bidders may challenge the award before the contract is signed.

Legal framework and procedures are governed by national and European procurement law. In Germany this includes the Gesetz gegen Wettbewerbsbeschränkungen (GWB), the Verordnung über die Vergabe öffentlicher Aufträge (VgV), and sector-specific regulations such as VOB/A or VOL/A, aligned with EU directives. The awarding decision must comply with principles of transparency, non-discrimination and equal treatment. After the Zuschlagsentscheidung, a standstill period (Sperrfrist) usually applies, during which dissatisfied bidders may file challenges before the contract is executed.

Consequences and remedies: If no timely challenges are made, the contracting authority may proceed to contract signing and performance. If a legal challenge is successful, the decision can be annulled and a re-tender or re-evaluation ordered. Unsuccessful bidders may seek review by Vergabekammern or courts, depending on jurisdiction and procedural rules. The Zuschlagsentscheidung thus plays a central role in the legitimacy and enforceability of public procurement awards.