Performance Location in Procurement Law
The performance location is the place where the work is to be carried out, must be stated in tender notices and determines the NUTS code in the contract notice.
Definition: The performance location (Leistungsort) is the location stated in the procurement documents and the contract notice at which the tendered supply, service or construction work is to be carried out; it must be classified by the relevant NUTS code and is decisive for tenderers when calculating transport and mobilisation costs.
Last updated: January 2026 · Legal basis: Directive 2014/24/EU, BVergG 2018, VgV, VOB/A
What is the performance location?
The performance location denotes the geographical location at which the contractually owed work is actually to be carried out and must be stated clearly and precisely in both the contract notice and the procurement documents. For construction contracts this is generally the site; for supply contracts the delivery location (e.g. a central warehouse or several delivery points); for service contracts either a fixed location (e.g. a public-authority building) or a defined area of operations.
The performance location is stated in contract notices using the standardised NUTS code system (Nomenclature of territorial units for statistics). For contracts with multiple performance locations, all relevant NUTS codes must be given. In eForms-compliant notices, which have been mandatory for above-threshold procedures since October 2023, the performance location must be recorded as a structured data field.
Importance in the procurement procedure
The performance location is a central element of calculation for tenderers, as it directly determines the transport, travel and mobilisation costs incurred and therefore has a direct impact on the competitiveness of a tender. An imprecise or missing statement of the performance location prevents proper calculation and may give rise to a challenge in review proceedings.
In addition, the performance location is relevant in procurement law for the question of subdivision into lots: contracts to be performed at geographically separate locations may be divided into local lots in order to enable regional and smaller undertakings to take part. Preferential treatment of local tenderers solely on the basis of their proximity to the performance location is, by contrast, incompatible with the prohibition of discrimination and the freedom to provide services (Art. 56 TFEU).
Related terms
Last updated: January 2026 All information without guarantee. For legally binding advice please consult a law firm specialising in procurement law.
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