Suitability criteria

Who determines the suitability criteria?

The contracting authority shall specify organization-related requirements (suitability criteria) which are intended to ensure that the bidders or candidates are technically and economically capable of fulfilling the contract to be awarded, cf. e.g. Section 46 (1) VgV. These requirements may relate to qualification and permission to exercise the profession, economic and financial capability, and technical and professional capability.

The contracting authority also specifies which self-declarations or evidence it requires for this purpose. For example, an excerpt from the commercial register, a master craftsman's certificate, information on the minimum annual turnover, balance sheets, professional and business liability insurance and references as proof of the necessary professional and technical experience may be considered.

As a matter of principle, the contracting authority may not take the suitability criteria already examined into account again in the award criteria. In addition, the principle of separating the suitability criteria from the award criteria applies, as does the prohibition of double evaluation, although the details are disputed.