Conditions for Participation in Public Procurement 2026

Definition: Conditions for participation are the rules and requirements set by the contracting authority that economic operators must comply with in order to participate in a procurement procedure, in particular the suitability requirements and the rules governing the submission of requests to participate.

Last updated: January 2026 · Legal basis: Art. 56 et seq. Directive 2014/24/EU, §§ 42 et seq. VgV, § 34 UVgO, §§ 70 et seq. BVergG 2018

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What are conditions for participation?

Conditions for participation form the formal and substantive framework for taking part in a procurement procedure and are binding on all interested operators. They specify which documents must be submitted, which suitability requirements must be met and which deadlines apply. The conditions for participation form part of the procurement documents and must be transparent, non-discriminatory and proportionate.

Content of the conditions for participation

Conditions for participation typically cover the following elements:

Selection criteria

The three pillars of suitability are:

• Authorisation (trade law approval): proof of entitlement to pursue the profession
• Reliability (no grounds for exclusion): confirmation that no mandatory or discretionary exclusion grounds apply
• Capability: economic/financial and technical/professional capability

Evidence and documents

The evidence typically required includes:

• Commercial or professional register entry
• Trade registration or chamber membership
• Turnover figures for the past three financial years
• Reference projects of comparable nature and scale
• Evidence of key personnel and qualifications
• Insurance evidence
• Self-declarations regarding grounds for exclusion (ESPD)

Formal requirements

Conditions for participation also include rules on:

• Form of submission (electronic, postal)
• Language of the documents
• Signature and authorisation in the case of bidding consortia
• Time limit and place of submission

Proportionality and non-discrimination

Conditions for participation must be proportionate and linked to the subject matter — excessive requirements that unduly restrict competition are unlawful under procurement law. The CJEU has emphasised that suitability requirements must not effectively reduce competition to a handful of providers. SME-unfriendly requirements (e.g. excessive turnover thresholds) in particular need to be challenged critically.

European Single Procurement Document (ESPD)

For EU-wide procedures, bidders can use the European Single Procurement Document (ESPD) as a standardised self-declaration tool. At the submission stage the ESPD replaces the actual evidence; this only has to be produced in full by the presumed successful bidder.

FAQ

Can conditions for participation be changed after the procedure has started? Yes, but only under certain conditions and with notice to all interested operators and, where necessary, an extension of deadlines. Material changes may require a new contract notice.

May the contracting authority require reference projects from a specific country? No. A restriction to national reference projects is discriminatory and contrary to EU law. References from all EU Member States must be accepted as equivalent.

What happens if a candidate fails to submit all required documents? Missing documents may, under certain conditions, be requested subsequently. If essential documents are missing and the option of a follow-up request is not used, the candidate must be excluded.

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