Selection criteria and evidence

The suitability assessment decides whether your bid is evaluated at all. It comes before the evaluation of content and opens the way to it, no matter how strong the bid is in substance. More bids are decided at this point than on price or concept.

The three areas of suitability

Section 122(2) of the Act against Restraints of Competition (GWB) recognises exactly three areas in which suitability may be required:

1. Qualification and authorisation to pursue the professional activity. For example, entry in a professional or commercial register or a required licence.
2. Economic and financial standing. Typically minimum turnover, business liability insurance, balance sheet ratios.
3. Technical and professional ability. References, qualifications of the staff deployed, technical equipment, quality assurance.

The limits of what may be required

Selection criteria must be linked to the subject matter of the contract and proportionate to it. Since 1 July 2026, it has been expressly stipulated that they must also be proportionate to the contract value (Section 122(4) GWB, Section 75(4) of the Public Procurement Regulation, VgV). For planning services, small firms and young professionals must be given appropriate consideration.

A strict upper limit applies to the required minimum annual turnover: it may be no more than twice the estimated contract value. More is only permitted with a specific justification. If a required turnover threshold is significantly higher, a complaint is worthwhile.

References

For supplies and services, references from the last three years may be requested (Section 46 VgV), for works from up to five completed calendar years (Section 6a EU VOB/A). Both provisions contain an opening clause: the contracting authority may accept older references if this is necessary to ensure sufficient competition. If you have a suitable but older reference, ask about it before you decide not to bid.

Priority of self-declarations since July 2026

The most important practical change of the year concerns the provision of evidence. Under Section 122(3) GWB, suitability should be demonstrated by self-declarations. The contracting authority may only request further documents from those candidates who are actually in contention for the contract award. Evidence can also be provided through a prequalification system.

For you, this means: the effort in the first round decreases. You declare that you meet the requirements and only submit the supporting documents once your bid is shortlisted. If a contracting authority continues to require all evidence from all bidders with the bid, it needs to justify this.

Requesting missing documents

A missing document is not necessarily the end. Section 56(2) VgV allows the contracting authority to request documents subsequently. Since July 2026 the provision has been extended: the authority can request not only the subsequent submission of documents, but also their explanation, completion and correction.

Do not rely on it. Requesting missing documents is at the discretion of the contracting authority, and it is excluded where performance-related information is concerned that would distort competition. Price information generally cannot be requested subsequently.

Grounds for exclusion

Grounds for exclusion must be distinguished from selection criteria. Section 123 GWB lists the mandatory grounds, such as final convictions for certain criminal offences; they apply for a maximum of five years. Section 124 GWB lists nine discretionary grounds, including grave misconduct and significant poor performance in previous contracts; they apply for a maximum of three years.

Even if a ground for exclusion applies, there is a way back. Section 125 GWB provides for self-cleaning. It requires three things cumulatively: compensation for the damage, active cooperation in clarifying the facts and concrete technical, organisational and personnel measures to prevent further misconduct. Anyone who wants to rely on this should have documented the measures before the next procurement comes up.

What you should prepare

Set up an evidence folder and keep it up to date: commercial register extract, certificates of good standing from the tax office and social security institutions, proof of business liability insurance with coverage amounts, turnover figures for the last three years, a reference list with contact persons, certificates. Most of these documents have an expiry date. If you keep them up to date on an ongoing basis, you gain days for the actual bid work.

If you bid regularly, consider prequalification. It replaces a large part of these individual documents.