Proof of Technical and Professional Ability in Public Procurement 2026

Proof of technical and professional ability in public procurement: evidence of bidders' technical and professional capability within the suitability assessment by public contracting authorities.

Definition: Proof of technical and professional ability is the evidence provided by a candidate or bidder of its technical and professional capability — that is, the know-how, experience and technical means required to perform the contract — which it must furnish to the public contracting authority as part of the suitability assessment under procurement law.

Last updated: January 2026 · Legal basis: § 46 VgV, Art. 58 Directive 2014/24/EU, §§ 6b, 6c EU-VOB/A, § 76 BVergG 2018

What is proof of technical and professional ability?

Proof of technical and professional ability is one of the three suitability dimensions in public procurement law — alongside economic and financial standing and personal reliability — and comprises evidence that an undertaking possesses the technical know-how, experience and capacity to perform the advertised contract to a professional standard. Contracting authorities may only require evidence that is substantively linked to the subject matter of the contract and complies with the principle of proportionality.

Legal basis

§ 46 VgV provides an exhaustive list of the means by which bidders may prove their technical and professional ability; Art. 58(4) of Directive 2014/24/EU forms the EU-law basis. Contracting authorities may not require any additional evidence beyond the means provided for by law.

Permissible means of evidence

The permissible means of evidence for technical and professional ability include in particular:

Reference list: list of the principal supplies, services or works delivered over the past three to five years, indicating value, date and contracting authority
Use of qualified staff: indication of the technical staff to be deployed for performance of the contract (including evidence of qualifications)
Description of equipment: technical equipment, machinery and facilities available for performance of the contract
Educational credentials: certificates of education and training of the responsible personnel
Quality-assurance measures: indication of quality-management systems (e.g. ISO 9001)
Environmental-management measures: indication of environmental-management standards (e.g. ISO 14001, EMAS)
Right of inspection: in works contracts, the option, where appropriate, to inspect production facilities

Technical ability in construction works (VOB/A)

In the field of construction works, § 6b EU-VOB/A specifies the permissible means of evidence for technical ability and capacity; particular weight is given to references for comparable works.

Contracting authorities frequently require:

References for comparable construction projects (contract value, type of work, period of performance)
Proof of entry in the craft trades register or the relevant professional register
Evidence of approvals or certifications for special construction techniques

Reliance on third-party capacities for technical ability

Where a bidder lacks technical ability in certain areas, it may rely on the capacities of other undertakings (third-party capacity), provided it can demonstrate that the relevant resources will actually be available for the performance of the contract (§ 47 VgV, § 79 BVergG 2018). For critical tasks, the contracting authority may exclude reliance on third-party capacities.

FAQ

How many references must bidders typically submit? Requirements vary by type and value of contract. Two to five comparable reference projects are typical. Disproportionately high requirements are unlawful.

May bidders submit references from affiliated undertakings? Yes, provided the requirements for reliance on third-party capacities are met — that is, the affiliated undertaking actually makes its capacities available for performance of the contract.

What applies where a bidder has no comparable references? If the required references are missing, the contracting authority may exclude the bidder as unsuitable. Alternatively, reliance on third-party capacities or formation of a consortium can close the suitability gap.

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