Evaluation Criteria in Procurement Law 2026 – Award Criteria and Scoring

Evaluation criteria in procurement law: award criteria, weighting and scoring methods for tender evaluation. Price, quality and MEAT explained.

Definition: Evaluation criteria (also: award criteria) are the standards established and announced in advance by the contracting authority against which submitted tenders are scored and compared in order to identify the most economically advantageous tender (MEAT).

Last updated: January 2026 · Legal basis: § 127 GWB, § 58 VgV, § 16d VOB/A EU, Art. 67 Directive 2014/24/EU

What are evaluation criteria?

Evaluation criteria are the decisive instrument of tender scoring and determine the standards against which the contracting authority chooses among the tenders submitted. They must be set and announced by the contracting authority in advance – in the contract notice or the procurement documents. A subsequent change or extension of the evaluation criteria after tender opening is impermissible.

The central aim of the evaluation is to identify the most economically advantageous tender (MEAT). This is not necessarily the cheapest tender: the most economically advantageous tender takes into account not only price but also aspects of quality, sustainability and innovation.

Types of evaluation criteria

Evaluation criteria can be divided into three main categories:

1. Price / cost

Price is the most common evaluation criterion. For standardised, homogeneous services, the contract may be awarded solely on the basis of the lowest price (§ 58(2)(1) VgV). As an alternative to pure price, life-cycle costs (acquisition, operating, maintenance and disposal costs) may also be used as the cost benchmark (§ 59 VgV).

2. Quality

Quality criteria enable a differentiated evaluation beyond price. Typical quality criteria include:

Technical value and functionality
Delivery time, service and availability
Aesthetics and functionality
Environmental characteristics (e.g. energy efficiency, carbon footprint)
Social aspects (accessibility, fair trade conditions)
Degree of innovation
Qualifications and experience of the staff assigned (for service-intensive contracts)

3. Organisational aspects

For certain types of contract (e.g. intellectual services), organisational features may also be scored, such as:

Concept and methodology of service delivery
Quality assurance systems
Customer service and technical assistance

Weighting of the evaluation criteria

Contracting authorities must determine and announce the weighting of the individual evaluation criteria in advance (§ 58(3) VgV). If weighting is exceptionally not possible, a ranking must be given. The sum of the weightings must equal 100 %. A common split is, for example, 70 % price / 30 % quality or 60 % price / 40 % quality – the exact weighting lies within the discretion of the contracting authority.

Scoring methods

Various scoring methods are available for the practical application of the evaluation criteria:

Price scoring: linear scoring (cheapest tender = 100 points), ratio method, mean-value method
Quality scoring: point scales (e.g. 0–10 points per sub-criterion), matrix evaluation, comparative jury evaluation
Combined scoring: weighted sum of price and quality points

Impermissible evaluation criteria

Not every criterion may be used as an evaluation criterion. The following are particularly impermissible:

Eligibility criteria used as evaluation criteria (conflation of eligibility and award)
Discriminatory criteria (e.g. preference for local providers)
Criteria that bear no link to the subject of the contract
Criteria introduced or changed retrospectively

FAQ

Must price always be used as an evaluation criterion? Not necessarily. For certain types of contract (e.g. planning services), quality criteria may take precedence. Price must, however, be taken into account in some form (directly or as life-cycle costs).

May a contracting authority award the contract if only one tender has been received? Yes, provided that the single tender meets the formal and substantive requirements and offers a reasonable price-performance ratio.

What is the difference between eligibility and award criteria? Eligibility criteria concern the question of whether an undertaking is generally capable of executing the contract (competence, capacity, reliability). Award criteria determine which of the eligible tenders is awarded the contract. This separation is mandatory.

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