Certificate in Procurement Law 2026

Definition: In public procurement law, a certificate is a document issued by a recognised body confirming that a company, product or process meets specific qualitative, technical or legal requirements and that can be submitted as proof of suitability or performance in procurement procedures.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 44, 60–62, BVergG 2018, GWB/VgV

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What is a certificate in procurement law?

Certificates play a central role in public procurement law as evidence of the suitability of bidders or the quality of their services. They are issued by independent, state-recognised or accredited bodies and confirm that defined standards are being met. In the procurement procedure, certificates serve to objectify the examination and evaluation of bidders and to reduce documentation effort.

Certificates can be relevant at three levels:

1. Company level – Certificates for the suitability of the bidder (e.g. quality management system certificate under ISO 9001, environmental management certificate under ISO 14001 or EMAS)
2. Product level – Certificates for the quality or conformity of goods (e.g. CE marking, quality marks)
3. Process level – Certificates that evidence specific process standards (e.g. information security under ISO 27001)

Types of certificates in procurement law

Procurement Directive 2014/24/EU distinguishes between different categories of evidence that contracting authorities may require as proof of suitability.

Quality assurance certificates

Under Art. 62 (1) of the Directive, contracting authorities may require bidders to provide evidence that they operate quality assurance systems complying with certified European or international standards. The best-known example is ISO 9001 certification. Certificates of recognised conformity assessment bodies are accepted as sufficient evidence; however, bidders may also submit other means of evidence if they do not hold corresponding certificates.

Environmental management certificates

Under Art. 62 (2), contracting authorities may also require evidence of environmental management measures. Recognised systems include ISO 14001 and EMAS (EU environmental management system). The principle of equivalence also applies here: bidders without a certificate can submit other suitable evidence.

Product certificates and quality marks

Contracting authorities may refer in technical specifications to particular quality marks if these are linked to the subject of the contract (Art. 43 Directive 2014/24/EU). They must, however, accept equivalent quality marks.

Certificates and pre-qualification

As part of pre-qualification systems, certificates can be permanently deposited, so that bidders do not have to resubmit them for every call for tenders.

In Austria, the BBG's bidder register or the eProcurement system enables such a deposit. In Germany, the PQ-VOB is a recognised pre-qualification system for construction services based on certificates and comparable evidence.

Limits of the certificate requirement

Contracting authorities may not exclude bidders solely on the grounds of missing certificates if those bidders can provide equivalent evidence. The principle of equivalence safeguards non-discriminatory market access. Bidders who do not have a certificate must therefore be given the opportunity to demonstrate the required standards in another way.

FAQ

Which certificates are most frequently required in procurement procedures? Most frequently required are ISO 9001 (quality management), ISO 14001 (environmental management), EMAS and sector-specific certificates.

Must a certificate be valid at the time of bid submission? Yes, in principle the certificate must be valid during the procurement procedure and generally also during the performance of the contract.

What happens if a bidder does not have a required certificate? The bidder can submit equivalent evidence. A blanket exclusion solely for the lack of the certificate would be impermissible under procurement law.

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