Voluntary Ex-Ante Transparency (VEAT) Notice
A notice published by a contracting authority to announce its intention to award a contract without a competitive procedure, providing transparency and a brief standstill period before the award.
In Detail
A Voluntary Ex-Ante Transparency (VEAT) Notice is a publication made by a contracting authority on TED to announce its intention to award a public contract directly, without a prior competitive procurement procedure. VEAT notices are governed by Directive 2007/66/EC (the Remedies Directive) and serve as a safeguard mechanism: by publishing the notice and observing a minimum 10-day standstill period before signing the contract, the authority can protect the resulting contract from being declared 'ineffective' (annulled) by a review body, even if the decision to award without competition is later challenged.
VEAT notices are used in situations where the contracting authority believes it has a legitimate basis for direct award — typically invoking one of the derogations in Article 32 of Directive 2014/24/EU, such as extreme urgency, exclusive rights, absence of competition for technical reasons, or the purchase of supplies on particularly advantageous terms (e.g., from a supplier in liquidation). The VEAT notice allows market participants and potential competitors to be informed of the intended award and to raise objections during the standstill period if they believe the direct award is unjustified.
The legal effect of a VEAT notice is significant. If a contracting authority awards a contract directly without publishing a VEAT notice or contract notice, the contract may be declared ineffective (voided) by a court or review body for up to six months after the award. By publishing a VEAT notice and observing the standstill period, the authority reduces the maximum challenge period and protects against the most severe remedy (contract ineffectiveness). However, a VEAT notice does not immunize the authority from all legal challenge — a court can still find that the direct award was unjustified and impose alternative penalties.
Practical Context
How it works in practice
VEAT notices are relatively uncommon compared to contract notices, but they serve an important transparency function. For suppliers, VEAT notices are a signal that a contracting authority intends to award a contract without competition, providing an opportunity to challenge the decision if the supplier believes it could have competed. Procurement monitoring platforms like TenderRadar track VEAT notices alongside other notice types, alerting users to direct awards in their market sectors. For procurement compliance officers and auditors, VEAT notices are a key indicator of non-competitive procurement that warrants scrutiny.
Frequently Asked Questions
When should a contracting authority publish a VEAT notice?
A VEAT notice should be published when the authority intends to award a contract directly without a competitive procedure and wants to protect the contract from being declared ineffective. Common situations include extreme urgency, sole-source justifications, and purchases under specific derogations in the Directives. The notice must be published before the contract is signed.
What is the standstill period for a VEAT notice?
After publishing a VEAT notice, the contracting authority must wait at least 10 calendar days before signing the contract. This standstill period allows interested parties to review the notice and, if they believe the direct award is unjustified, to take legal action to prevent the contract from being concluded.
Can a supplier challenge a contract awarded after a VEAT notice?
Yes, suppliers can still challenge the award during the standstill period or afterward. However, the VEAT notice limits the remedies available. With a VEAT notice published, the contract cannot be declared ineffective (annulled) — instead, the court can impose alternative penalties such as fines or contract shortening. Without a VEAT notice, the contract can be declared ineffective for up to six months after the award.
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