Constructive Specifications in Procurement Law
Constructive specifications: precise prescription of the manner of execution including materials and dimensions. Article 42(3)(a) Directive 2014/24/EU, § 95 BVergG 2018, VOB/A § 7.
Definition: Constructive specifications are a form of tender description in which the public contracting authority describes the service to be performed so precisely – through detailed particulars of the manner of execution, the materials, the dimensions and the technical details – that the bidder has no or only minimal design discretion in developing the solution.
Last updated: January 2026 · Legal status: Article 42(3)(a) of Directive 2014/24/EU, § 95 BVergG 2018, § 7 VOB/A
What are constructive specifications?
Constructive specifications prescribe how a service is to be performed – not just what is to be achieved. They contain detailed particulars of the execution procedures, the materials to be used, dimensions, tolerances and technical requirements. The bidder generally has no scope to choose alternative ways of performing the work; it must execute exactly what is prescribed in the description.
Constructive specifications are the standard case in construction and are typically found in the bill of quantities, in which individual items (units of quantity with an exact technical description) are listed. The constructive form is also widespread in the case of standardised supplies and simple services.
Significance and function
Constructive specifications enable a high level of comparability between bids, because all bidders cost and offer the same service. Contracting authorities can compare bids directly on price, without needing to evaluate qualitative differences between solution concepts. This significantly simplifies evaluation.
At the same time, a constructive description presupposes that the contracting authority already knows the optimum solution or is at least able to determine an appropriate manner of execution. Errors or omissions in the description – for instance incorrect quantities or missing technical details – frequently lead to disputes over supplementary claims, since the contractor only owes what has been described.
A key advantage lies in the legal certainty at acceptance: whether the service has been performed in accordance with the contract can be assessed unambiguously by reference to the specific particulars.
Legal basis
Constructive specifications are governed at EU level by Article 42(3)(a) of Directive 2014/24/EU as a specification by technical characteristics and are set out in detail in national procurement law.
- Article 42(3)(a) of Directive 2014/24/EU – description by technical characteristics and specifications
- § 95 BVergG 2018 – specifications (Austria)
- § 7 VOB/A – specifications for construction works (Germany)
- § 31 VgV – technical requirements (Germany)
- ÖNORM B 2063 – bill of quantities in Austrian construction
Distinction from functional specifications
Unlike functional specifications, which leave the bidder conceptual scope, constructive specifications bind the contractor to an exactly prescribed manner of execution. In procurement practice, the two forms are frequently combined, with critical elements described constructively and less specific parts described functionally.
| Feature | Constructive specs | Functional specs |
|---|---|---|
| Prescription | Manner of execution | Objective and requirements |
| Bidder discretion | Little or none | Considerable |
| Comparability | Easy | More demanding |
| Risk of supplementary claims | Where planning is in error | Where objectives are unclear |
| Main field of use | Construction, standard supplies | IT, complex services |
Related terms
- Functional Specifications
- Specifications
- Bill of Quantities
- Variant Bid
- Tender
- Procurement Law
- Contracting Authority
- Bid
FAQ
When are constructive specifications to be preferred? A constructive description is advisable where the contracting authority knows the optimum manner of execution, wishes to procure standardised services or aims for high comparability of bids. In construction it is the standard case.
What happens if the constructive specifications contain errors? Errors in the bill of quantities – for instance incorrect quantities – are in principle borne by the contracting authority. The contractor owes only the service described; additional services can be billed as a supplementary claim.
Are variant bids permitted where there are constructive specifications? Variant bids are only permitted where the contracting authority expressly allows them. In the case of strictly constructive descriptions, allowing variant bids is less frequently sensible, because the precise manner of execution is intended to be prescribed.
Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.
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