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General

Bid Validity Period

Period during which a bidder is bound by their submitted bid and may not withdraw or modify it.

What is a Bid Validity Period?

The bid validity period (German: Bindefrist) is the timeframe during which a bidder is bound by their submitted bid and may neither withdraw nor modify it. The contracting authority may award the contract within this period.

Legal Framework

  • § 148 BGB: Determination of acceptance period
  • § 10 VOB/A: Bid and validity periods for construction
  • § 20 VgV: Appropriate deadlines in procurement procedures

Appropriate Periods

Procedure TypeTypical Period
Open procedure30-60 calendar days
Restricted procedure30-60 calendar days
Construction (VOB)30 working days
EU construction60 calendar days

Extension

Extension requires the bidder's consent. The bidder may agree or decline. If declining, the bid exits the procedure.

Legal Consequences

Award within validity period: Contract is concluded. Award after expiry: Counts as a new offer; bidder may accept or decline. Withdrawal during validity: Generally inadmissible with potential damages liability.

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