Conformity Assessment Bodies in Procurement Law 2026

Conformity assessment bodies: accredited testing bodies for technical evidence in public procurement law – function and requirements.

Definition: Conformity assessment bodies are accredited independent bodies which, acting on behalf of manufacturers or contracting authorities, test and certify whether products, systems or services satisfy the requirements of the relevant technical standards, directives or specifications.

Last updated: January 2026 · Legal status: Regulation (EC) No 765/2008; Article 44 of Directive 2014/24/EU; § 34 VgV

What are conformity assessment bodies?

Conformity assessment bodies (CABs) play an important role in public procurement law in the technical assessment of eligibility and the evidencing of technical requirements. They are independent testing bodies recognised by national accreditation bodies (in Germany: Deutsche Akkreditierungsstelle, DAkkS; in Austria: Akkreditierung Austria).

Their core task is conformity assessment: they test whether a product, service or management system fulfils the requirements laid down in standards, directives or specifications and confirm this by means of certificates, test reports or the CE marking.

Types of conformity assessment body

Different types are distinguished depending on the task and the scope of accreditation:

Testing laboratories: test products for conformity with technical requirements (e.g. electromagnetic compatibility, safety requirements).
Inspection bodies: inspect installations, facilities or procedures.
Certification bodies: certify management systems (ISO 9001, ISO 14001), persons or products.

Significance in procurement law

Conformity assessment bodies are used in several contexts in procurement law:

Technical specifications and evidence

Contracting authorities may require, in the specifications, that products or services be certified to certain standards. The conformity assessment body is the entity that carries out and evidences such certification.

Quality labels and certifications

Contracting authorities may require bidders to provide evidence of specific quality labels or certificates issued by accredited CABs (Article 43 of Directive 2014/24/EU; § 34 VgV).

Assessment of eligibility

In the assessment of eligibility, CAB certificates may serve as evidence of technical capacity (e.g. an ISO 9001 certificate as evidence of a quality management system).

Principle of equivalence

A central principle in dealing with CAB-based evidence in procurement law is the principle of equivalence. Contracting authorities may not require certificates from specific, named CABs. They must accept equivalent certificates from other accredited CABs (Article 44(2) of Directive 2014/24/EU). Contracting authorities are also obliged to accept other suitable means of proof where, for understandable reasons, a bidder has not had access to the requested certification.

European context: CE marking

The CE marking is the best-known result of a conformity assessment in the European single market. It certifies that a product fulfils the essential EU requirements (e.g. under the Machinery Directive, the Low Voltage Directive). In procurement law, the CE marking is frequently a minimum requirement for offering certain products.

Related terms

FAQ

Can a contracting authority prescribe a specific conformity assessment body? No. Contracting authorities may not name specific CABs. They must accept equivalent certificates from other accredited bodies.

What applies if a bidder does not hold the required certificate but does fulfil the technical requirements? The bidder may submit other suitable means of proof demonstrating that the technical requirements are fulfilled. The contracting authority must examine those (Article 44(2) of Directive 2014/24/EU).

Where can accredited conformity assessment bodies be found? In Germany in the DAkkS database (dakks.de), in Austria via Akkreditierung Austria (akkreditierung.gv.at), Europe-wide in the EA MLA network and in the European Commission's NANDO information system.

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