What is Cancellation of a Tender?
Cancellation (German: Aufhebung) is the termination of a procurement procedure without contract award. The authority discontinues the procedure without placing an order.
Legal Framework
- Section 63 VgV: Cancellation above EU thresholds
- Section 48 UVgO: Cancellation below thresholds
- Section 17 VOB/A: Cancellation for construction
Grounds for Cancellation
| Ground | Description | Example |
|---|---|---|
| No suitable bid | All bids must be excluded | Formal defects in all bids |
| Fundamental change | Tender basis has changed significantly | New legislation |
| No economic result | All prices far exceed budget | Bids 50% over estimate |
| Other serious reasons | Unforeseeable circumstances | Budget freeze |
Bidder's Legal Protection
Above thresholds, bidders can file review applications at the procurement chamber. Below thresholds, damages claims before civil courts are possible, covering bid preparation costs.
Re-Tendering
After cancellation, the authority may re-tender with modified documents, abandon the procurement, or choose a different procedure type.
How Patterno Helps
Patterno also informs you about cancelled procedures and subsequent re-tenders, so you never miss a second chance.