Assessment Criteria in Public Procurement 2026

Assessment criteria in public procurement: the standards used to evaluate bidders and tenders. How they relate to selection and award criteria.

Definition: Assessment criteria in public procurement are the benchmarks set by the contracting authority to evaluate and compare candidates or tenders. A distinction is drawn between selection criteria (assessing the bidder) and award criteria (assessing the tender).

Last updated: January 2026 · Legal basis: Art. 58, 67 Directive 2014/24/EU, §§ 122, 127 GWB, §§ 70 et seq. BVergG 2018

What are assessment criteria?

Assessment criteria are the tool with which contracting authorities select the most suitable and economically advantageous candidates and tenders from the field.

The term "assessment criteria" is not used as a technical term in German or Austrian procurement law in a uniform way. In a broad sense it covers all benchmarks the contracting authority applies when evaluating participants and tenders. These fall into two main categories: selection criteria and award criteria.

Selection criteria as assessment benchmark

Selection criteria assess the qualification and capability of the bidder itself — not the quality of its tender.

Selection criteria cover:

Suitability to pursue the professional activity: e.g. entry in the commercial register, trade or professional licence
Economic and financial standing: e.g. turnover, insurance cover, equity ratio
Technical and professional ability: e.g. references, personnel, equipment, certifications

Selection criteria are binary: a bidder is either suitable or not. They must not be used simultaneously as award criteria (separation principle, § 122 (4) GWB).

Award criteria as assessment benchmark

Award criteria assess the tender itself and determine which tender wins the contract.

Award criteria may include:

Price or cost (including life-cycle costs)
Quality (technical merit, aesthetic, functional characteristics)
Environmental characteristics
Innovative features
Delivery times and completion periods
After-sales service and maintenance terms

Award criteria must be linked to the subject matter of the contract, measurable, non-discriminatory and disclosed in advance in the contract notice or procurement documents.

The separation principle

Procurement law requires a strict separation between selection and award criteria.

Selection features must not be used as award criteria. It is therefore impermissible to re-examine, in the award evaluation, whether a bidder can produce a certain minimum number of references — that would be a selection feature, not an award feature. The separation is firmly anchored in the case law of the CJEU and the German Federal Court of Justice and prevents the double counting of individual features.

Evaluation matrix

In practice, assessment criteria are typically operationalised through an evaluation matrix with weightings and scoring systems.

A sound evaluation matrix:

Names each criterion clearly and intelligibly
Sets the weighting in percent or points
Defines the scoring scale (e.g. 0–10 points)
Describes how point scores are allocated to tender content (scoring key)

FAQ

May the contracting authority change assessment criteria after tenders have been submitted? No. Assessment criteria and their weighting must be finally fixed and disclosed before tender submission. Subsequent changes breach the principle of equal treatment.

Can assessment criteria contain subjective elements? Yes, but even for subjective criteria (e.g. aesthetics, design quality) the contracting authority must define an intelligible evaluation framework and document its assessment.

What is the difference between assessment and evaluation criteria? The terms are often used synonymously in German usage. "Evaluation criteria" tends to be the more common label for award criteria.

Last updated: January 2026 Information provided without warranty. For legally binding advice, please consult a law firm specialising in public procurement.