Criteria Catalogue in Public Procurement 2026

Criteria catalogue in public procurement: systematic compilation of suitability and award criteria – structure, weighting, transparency obligations and common errors.

Definition: A criteria catalogue in public procurement is the structured, published compilation in the procurement documents of all suitability and award criteria together with their weightings, which the contracting authority sets out for evaluating candidates and bids and on the basis of which the contract is awarded.

Last updated: January 2026 · Legal basis: §§ 122, 127 GWB; Art. 58, 67 Directive 2014/24/EU; §§ 40 et seq. VgV; BVergG 2018

Function and significance

The criteria catalogue is the transparency instrument of public procurement law par excellence: it gives bidders clarity about the standards by which their suitability and their offer will be assessed, and binds the contracting authority to the criteria announced in advance. A subsequent change or addition to the criteria catalogue after the opening of bids is generally impermissible and constitutes a serious procurement breach.

Components of the criteria catalogue

A complete criteria catalogue comprises suitability criteria and award criteria, which must be clearly separated in substance.

Suitability criteria (§ 122 GWB; Art. 58 Directive 2014/24/EU)

Suitability criteria relate to the bidder's ability to perform the contract. They fall into three categories:

Eligibility to pursue the professional activity: Entry in the professional or commercial register, licences.
Economic and financial standing: Minimum annual turnover, insurance cover, equity ratio.
Technical and professional ability: Reference projects, staff resources, certifications, equipment.

Suitability criteria are admission requirements: bidders who do not meet them are excluded; no weighting is applied.

Award criteria (§ 127 GWB; Art. 67 Directive 2014/24/EU)

Award criteria determine which of the admissible bids is awarded the contract. They must be:

Linked to the subject matter of the contract
Announced in advance
Published together with their weighting
Drafted in a non-discriminatory manner

Typical award criteria are price, quality, delivery time, technical merit, customer service, environmental characteristics, life-cycle costs and social aspects.

Weighting of award criteria

Each award criterion must be assigned a weighting, which is published in advance in the contract notice or procurement documents. The weighting reflects the relative importance of the individual criteria for the award decision. A purely percentage-based weighting (e.g. price 60%, quality 30%, delivery time 10%) is most common; ranges are also permissible.

The CJEU and the BGH have clarified that the weighting may not be changed retrospectively and that sub-criteria actually applied during the evaluation must likewise be announced in advance.

Common errors in the criteria catalogue

In practice, defective criteria catalogues regularly lead to successful review proceedings.

Typical errors:

Retrospective change of the weighting
Use of criteria not linked to the subject matter of the contract
Missing or unclear weighting of sub-criteria
Mixing of suitability and award criteria (so-called double use)
Disproportionately high minimum requirements for suitability

FAQ

Can the contracting authority change the criteria catalogue after bids have been submitted? No, changes after the opening of bids are generally impermissible and constitute a serious procurement breach; even before bid submission, changes are only permissible with a corresponding extension of the deadline and notification to all bidders.

Must each award criterion carry a minimum share of the total weighting? No, there is no statutory minimum weighting for individual criteria; however, price – save for intellectual services and certain exceptions – must be taken into account at least as one of the criteria.

What is the difference between suitability criteria and award criteria? Suitability criteria are admission requirements (the bidder either meets them or does not); award criteria decide which of the admissible bids is awarded the contract and are weighted.

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