Place of Performance in Public Procurement Law 2026

Place of performance in public procurement: definition, relevance for jurisdiction, NUTS codes, tenderer selection and contract law in public procurement in Germany and Austria.

Definition: In a public procurement context the place of performance is the location at which the tendered services or supplies are to be delivered; it is relevant for the contract notice, the use of NUTS codes, the jurisdiction of review bodies and the costing carried out by tenderers.

Last updated: January 2026 · Legal basis: NUTS Regulation (EC) 1059/2003, eForms Regulation, BVergG 2018, GWB/VgV, §§ 269 ff. BGB

What is the place of performance in public procurement law?

The place of performance specifies where the contract is to be performed and is relevant for several aspects of the procurement procedure. In general contract law the place of performance determines where performance is owed and is relevant for freight costs, transfer of risk and jurisdiction. In procurement law it is also a mandatory element of the contract notice and influences the costing carried out by tenderers.

Indication in the contract notice

In the contract notice the place of performance must be stated by means of a NUTS code (Nomenclature des Unités Territoriales Statistiques). NUTS codes are an EU-wide standardised classification system for regions which enables procurement data to be captured and analysed in machine-readable form. The correct NUTS code is a mandatory field in the eForms notice template.

Examples of NUTS codes:

DEA (North Rhine-Westphalia, Germany)
AT1 (Eastern Austria)
AT130 (Vienna, Austria)

Relevance for tenderers

The place of performance is essential for tenderers' costing, because it affects transport costs, travel times, local wage costs and accommodation costs for non-local staff. Tenderers from distant regions must factor these additional costs into their bids.

No discrimination on the basis of place of performance

The contracting authority must not impose requirements that effectively discriminate against tenderers from other regions or Member States. A requirement that only local undertakings can meet (for example, a maximum distance from the place of performance) is incompatible with EU procurement law unless it is objectively justified.

Multiple places of performance

Where contracts involve several places of performance, all relevant NUTS codes must be indicated. For nationwide supply contracts in Germany or Austria it may be sufficient to indicate the country level (for example DEA for Germany or AT for Austria).

FAQ

Can the contracting authority change the place of performance after conclusion of the contract? Only with the contractor's consent. A unilateral change of the place of performance by the contracting authority may constitute a contract modification.

Can the contracting authority require the contractor to have its seat at the place of performance? Generally no. Such requirements are only permissible where they are objectively justified by the subject matter of the contract (for example, an on-call service with a short response time).

What does the NUTS code mean for SMEs with no EU experience? For SMEs the NUTS code is particularly relevant when searching for notices: it allows contracting authorities to be searched specifically by region.

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