Minimum Requirements in Procurement Law 2026

Definition: Minimum requirements in procurement law are binding technical, qualitative or suitability-related standards that a bid or a bidder must necessarily meet in order to be considered in the tender procedure; bids that do not meet the minimum requirements must be excluded.

Last updated: January 2026 · Legal basis: Art. 42, 58 Directive 2014/24/EU, §§ 48, 122 GWB, BVergG 2018

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What are minimum requirements in procurement law?

Minimum requirements are the absolute lower limits that a bid or bidder must necessarily meet in a tender procedure – they are non-negotiable and cannot be offset by other strengths. They differ fundamentally from award criteria, where higher fulfilment results in a better score: minimum requirements are binary – either fulfilled or not. Unfulfilled minimum requirements result in the mandatory exclusion of the bid or bidder.

Types of minimum requirements

Procurement law recognises minimum requirements at various levels of the tender procedure.

Technical minimum requirements

Technical minimum requirements define the indispensable characteristics of the performance to be procured:

• Minimum performance parameters (e.g. minimum processing speed in IT)
• Safety standards (e.g. CE marking, building material classes)
• Compatibility requirements (e.g. interfaces with existing systems)
• Environmental requirements (e.g. energy efficiency classes)

Suitability-related minimum requirements

Suitability-related minimum requirements define which capabilities a bidder must demonstrate at minimum:

• Minimum turnover: e.g. at least 1.5 times the annual turnover of the contract value
• Reference projects: e.g. at least two comparable projects in the last five years
• Certifications: e.g. ISO 9001 certification or proof of specialist competence
• Personnel resources: e.g. at least five qualified specialists

Procedural minimum requirements

Formal minimum requirements concern the regularity of the bid:

• Timely submission by the bid deadline
• Completeness of the required documents
• Compliance with form requirements (written form, signature, electronic submission)

Proportionality of minimum requirements

Minimum requirements must be linked to the subject matter of the contract, must be proportionate and must not unduly restrict competition.

The CJEU and procurement review bodies have repeatedly held that excessively high minimum requirements breach the principle of proportionality and the prohibition of discrimination. Contracting authorities must be able to demonstrate for each minimum requirement why it is necessary for the proper performance of the contract.

Minimum requirements in the negotiated procedure and competitive dialogue

In the restricted procedure, the negotiated procedure, and the competitive dialogue, minimum requirements play a special role as unalterable core conditions.

Art. 29(3) of Directive 2014/24/EU makes clear that in the competitive dialogue and the negotiated procedure, the minimum requirements and the award criteria may not be negotiated. They form the unalterable core of the tender.

Documentation duty

Contracting authorities must lay down minimum requirements clearly and unambiguously in advance in the tender documents or in the notice and may not subsequently alter them unilaterally.

A subsequent lowering of minimum requirements constitutes a material change to the tender documents, which generally requires a new or extended tender.

FAQ

May a contracting authority adjust minimum requirements after the event? In principle no. Lowering minimum requirements after bid submission is inadmissible, as it breaches the principle of equal treatment. Raising them is similarly problematic, as it may exclude bidders who aligned their bid with the original requirements.

Can a contracting authority set different minimum requirements for different lots? Yes. In lot-by-lot tenders, different minimum requirements may apply to different lots, provided they are objectively linked to the requirements of the respective lot.

What is the difference between minimum requirements and grounds for exclusion? Grounds for exclusion concern the bidder's personal circumstances (e.g. insolvency, corruption convictions), whereas minimum requirements are performance- or suitability-related quality standards.

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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.