The standstill period — in Dutch wachttermijn, in French délai d’attente — is a mandatory pause between the moment the contracting authority communicates its award decision and the moment it may sign the contract with the successful tenderer. During this period the procedure stands still — hence the name. For unsuccessful tenderers, this is the decisive window to legally challenge the award. For the contracting authority, it is the time during which it cannot sign without risk.
How long is the standstill period?
Fifteen calendar days. That is the legal minimum set out in the Belgian Act of 17 June 2013 (motivation, information and remedies — often called the “Remedies Act”).
The clock starts the day after the notification of the award decision to the unsuccessful tenderers. Not after the publication of the contract notice, not after the communication to the winner — the counter starts when the unsuccessful tenderers are informed in writing and with reasons.
Practical implications:
- Keep the exact date of receipt. The standstill formally starts with the communication, not with your reading of it. Time-stamped emails, registered post or digital signatures with date are watertight evidence.
- Saturdays, Sundays and public holidays count. They are calendar days, not working days.
- A contracting authority may set a longer period, but never shorter. Many choose 20 or 21 days to build procedural certainty.
When does the standstill period apply?
The standstill period is mandatory for:
- All contracts above the European thresholds (Act 17 June 2013, Article 11).
- Classical and utility sectors — the regime is identical.
The standstill period is not mandatory for:
- Contracts below the European threshold (a voluntary standstill is nevertheless strongly recommended to limit the risk of later annulment).
- Negotiated procedures without prior publication in specific exceptional cases (Article 42 Act 2016).
- Mini-competitions within a framework agreement — different shorter modalities apply.
What does an unsuccessful tenderer do during the standstill?
Three options:
1. Do nothing
Accept the award. The winner gets the contract on day 16. No further action from your side.
2. Request clarifications
The authority’s motivation may be incomplete. You are entitled to a reasoned award decision (Article 8 Act 2013) with the reasons why you were not chosen. In case of doubt, an additional request for further information is possible — the period continues to run, so act fast.
3. Lodge an appeal at the Council of State
The heaviest remedy. By introducing a suspension request before day 16 at the Council of State under the extreme-urgency procedure (UDN/EU), you suspend the award. While the procedure is ongoing, the authority may not sign the contract.
The extreme-urgency procedure is fast: the Council of State rules within a few weeks. If the request is upheld, this leads to a formal suspension or even annulment of the award decision.
→ Detailed procedure: Council of State — suspension and annulment.
What if the contracting authority does not respect the standstill?
A contract concluded before the standstill period expires is ineffective (Act 2013, Article 14). That means the Council of State can annul the contract even if it is already signed and in execution. The consequences are heavy for both the authority and the successful tenderer:
- Halt of the execution.
- Possible damages to the originally unsuccessful tenderer.
- Possible administrative sanctions against the authority.
For tenderers, this is therefore a key check: did the authority correctly apply the standstill? If in doubt, a registered letter or a complaint to FPS BOSA is a first step.
Voluntary standstill below the threshold
For contracts below the European threshold, the standstill is not mandatory. Many authorities apply it voluntarily nonetheless. Two reasons:
- Protection against later annulment. An award without standstill can be annulled up to 60 days after contract conclusion. A standstill works as insurance.
- Good practice. It signals transparency and equal treatment — core principles of the 2016 Act.
The specifications usually state whether the authority applies a voluntary standstill and, if so, how long.
Tips for tenderers
Plan the first 15 days after a lost award in advance. Agree with your lawyer up front how you respond in such cases. Waiting for the motivation to arrive before deciding often costs you too many precious days.
Document everything you transmitted during selection and award. If you consider a UDN/EU procedure, your complaint must be solidly substantiated.
Watch for short feedback windows. Some authorities communicate the award decision late on a Friday. Do not count on customer-friendliness in the day count — the counter ticks on.
Request the reasoned decision. Some authorities settle for a short standard letter. You are entitled to the actual evaluation reasons (Article 8 Act 2013).
Combine with a request for additional information. Sometimes the motivation is incomplete or ambiguous. A swift additional request gives you extra substantive arguments — and demonstrates that you are active, which weighs in the UDN/EU assessment.