Procurement Glossary
Bidder complaints: Understanding and applying legal remedies in the award procedure
November 19, 2025
The bidder complaint is an important legal remedy in public procurement procedures that enables bidders to take action against decisions made by the contracting authority. It is an essential building block for fair and transparent tendering processes. Find out below what a bidder complaint is, how it is used and which legal aspects need to be taken into account.
Key Facts
- Legal remedies for bidders against award decisions before the procurement chamber
- Must be submitted within 15 calendar days of becoming aware of the reason for the complaint
- Costs between 2,500 and 25,000 euros depending on the order value
- May have a suspensive effect on the award procedure
- Requires prior complaint to the client with a reasonable deadline for remedy
Contents
What is a bidder complaint?
The bidder complaint is a formal legal remedy in public procurement law that is available to bidders if they consider themselves disadvantaged by decisions or procedures of the contracting authority.
Legal basis and requirements
The bidder complaint is regulated in Sections 160 et seq. GWB (Act against Restraints of Competition). It can only be lodged by companies that have a legitimate interest in the contract and whose rights have been infringed by the contested measure. Before submitting a complaint to the procurement chamber, a complaint must first be submitted to the contracting authority.
Bidder complaint vs. review procedure
While the bidder complaint is the first legal remedy, a review procedure can be initiated before the procurement chamber if the complaint is unsuccessful. The tender file plays a central role as evidence for the proper execution of the tender procedure.
Importance of the bidder complaint in Procurement
For purchasing organizations, the possibility of bidder complaints means an increased duty of care when carrying out procurement procedures. Transparent award criteria and a comprehensible tender review are essential in order to avoid successful complaints.
Requirements and implementation of bidder complaints
The proper execution of a bidder complaint requires compliance with strict formal and substantive requirements as well as short deadlines.
Formal requirements
A bidder complaint must be submitted in writing and contain certain minimum information. This includes the exact name of the award procedure, the specific reason for the complaint and a comprehensible justification of the infringement. The binding period of 15 calendar days from knowledge of the reason for the complaint must be strictly adhered to.
Substantiation of content
The complaint must specifically state which procurement regulations have been violated and how this has affected the bidder's chances. Generalized accusations are not sufficient. A detailed analysis of the evaluation matrix or the suitability criteria may be necessary.
Procedure and deadlines
Upon receipt of the complaint, the contracting authority has a reasonable period of time to remedy the situation. If there is no satisfactory response, the review procedure can be initiated at the procurement chamber. During the proceedings, an application for a temporary injunction can be filed to stop the award procedure.
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Compliance key figures and quotas
The measurement and monitoring of key figures in connection with bidder complaints enables continuous improvement of award processes and risk minimization.
Complaint rate and success rate
The number of complaints per procurement procedure carried out is an important indicator of the quality of tender management. A complaint rate of less than 5% is regarded as a benchmark for professional awarding authorities. Equally important is the success rate of complaints lodged - a low success rate indicates legally compliant procedures.
Process duration and cost efficiency
The average extension of award procedures due to reprimands should be measured continuously. Target values are a maximum of 10% extension of the originally planned award schedules. The costs of complaint procedures (legal fees, internal resources, delay costs) should be recorded as a percentage of the contract value.
Effectiveness of preventive measures
The effectiveness of training measures and process improvements can be measured by the development of the number of complaints over time. In addition, the quality of the procurement files and compliance with the procurement guidelines should be audited regularly.
Compliance risks and controls on bidder complaints
Bidder fraud entails considerable risks for both clients and bidders, which can be minimized through suitable preventive measures and control mechanisms.
Procedural delays and cost increases
Successful bidder complaints can lead to significant delays in the procurement process. The suspensive effect halts the entire award procedure, resulting in additional costs and project delays. A tight award schedule should therefore allow for buffer times for possible complaint procedures.
Reputational damage and legal costs
Frequent or successful complaints can shake the confidence of the bidding consortium in the professionalism of the client. In addition, considerable legal and procedural costs are incurred. Preventive advice and careful preparation of the tender management processes are therefore essential.
Compliance violations and liability risks
Decisions that violate public procurement law can lead to claims for damages. Violations of the principle of equal treatment or the duty of transparency are particularly critical. Regular training of the procurement team and the implementation of procurement guidelines significantly reduce these risks.
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Practical example
A medium-sized company applies for a public IT service contract worth 500,000 euros. After opening the tender, it receives a rejection on the grounds that the required references have not been sufficiently verified. The company checks the suitability criteria and finds that these were insufficiently defined in the invitation to tender. It first submits a complaint to the client and requests a re-evaluation. After unsuccessful remedial action, it submits a bidder complaint to the procurement chamber, which halts the procedure and orders a reassessment.
- Careful examination of the reasons for rejection on the basis of the tender documents
- Complaint submitted to the client within the deadline with specific reasons
- Professional legal advice for the review procedure
Current developments and interpretations of bidder complaints
Public procurement law is subject to continuous developments through case law, legislative changes and technological innovations, which also influence the practice of bidder complaints.
Digitization of complaint procedures
Tendering procedures are increasingly being handled digitally. Electronic tendering platforms offer integrated complaint functions that enable faster and more transparent processing. This leads to shorter processing times and better traceability of the process steps.
AI-supported contract award review
Artificial intelligence is increasingly being used for the automated review of procurement procedures. AI systems can identify potential reasons for complaints at an early stage and support contracting authorities in designing their tendering strategy in a legally compliant manner. This significantly reduces the risk of successful bidder complaints.
Stricter jurisdiction
The jurisprudence of the public procurement tribunals is becoming increasingly strict when reviewing award procedures. In particular, proper documentation in the procurement file and compliance with the procurement guidelines are being monitored more intensively. Contracting authorities must adapt their compliance measures accordingly.
Conclusion
The bidder complaint is an important control instrument in public procurement law that ensures fair and transparent tendering procedures. For contracting authorities, this means an increased duty of care when conducting award procedures, while bidders have an effective legal remedy against unlawful disadvantages. Preventive measures, careful process design and continuous training can minimize the risk of complaints and increase the efficiency of procurement processes.
FAQ
When can a bidder complaint be lodged?
A bidder complaint can be lodged if a bidder's rights have been violated by decisions or procedures of the contracting authority. Typical reasons are incorrect suitability tests, non-transparent evaluations or breaches of the principle of equal treatment. The complaint must be made within 15 calendar days of becoming aware of the reason for the complaint.
What are the costs of a bidder complaint?
The costs for a review procedure before the procurement chamber are between 2,500 and 25,000 euros, depending on the contract value. In addition, there are legal fees and internal expenses. If the complaint is unsuccessful, the applicant bears all costs; if the complaint is successful, the costs are charged to the contracting authority.
How can clients avoid bidder complaints?
Preventive measures include the careful preparation of tender documents, clear definition of award criteria, transparent evaluation procedures and complete documentation of all decisions. Regular training of the purchasing team and the implementation of standardized processes significantly reduce the risk of complaints.
What are the consequences of a successful bidder complaint?
A successful bidder complaint can lead to the award decision being revoked, a re-evaluation of the bids or even a complete repetition of the award procedure. This causes considerable delays and additional costs for all parties involved. The originally planned project start must be postponed accordingly.
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