Qualification System in Public Procurement Law 2026

Definition: A qualification system within the meaning of procurement law is a qualification procedure established by utility contracting entities under which undertakings can prove their suitability for a particular type of service in advance and be admitted to a register of qualified undertakings.

Last updated: January 2026 · Legal basis: Art. 77–79 Directive 2014/25/EU, §§ 144 et seq. SektVO, BVergG 2018

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What is a qualification system?

The qualification system is a procurement-law instrument of the utilities sector and enables utility contracting entities (e.g. energy, transport and water supply undertakings) to meet recurring needs through a permanent pool of qualified undertakings. Instead of initiating a complete procurement procedure for each individual contract, utility contracting entities can rely on undertakings registered in the qualification system. The qualification system is therefore a permanent qualification procedure, not a one-off.

Scope of application

Qualification systems are permitted exclusively in the utilities sector, that is, for awards by entities active in the fields of drinking water, energy, transport and postal services. They are regulated in Directive 2014/25/EU (Utilities Directive) and in the German Utilities Ordinance (SektVO). The classical procurement law under Directive 2014/24/EU contains no equivalent legal concept.

Process and procedure

The utility contracting entity publishes a notice on the qualification system, setting out the qualification requirements and the period of validity of the system. Interested undertakings can apply for admission to the qualification system at any time. The contracting entity examines the suitability of the applicants and notifies them of the result. When a contract is to be awarded, it then invites bids only from qualified undertakings within the system.

Advantages of the qualification system

The qualification system offers utility contracting entities considerable flexibility in procuring standard services and significantly reduces administrative effort. For undertakings, the advantage is that they can qualify once and then remain permanently eligible for contracts from the utility contracting entity without having to prove their suitability again for each contract.

FAQ

Can classical contracting authorities also establish a qualification system? No. The qualification system is an instrument exclusive to the utilities sector and is not available to classical public contracting authorities.

How long is registration in the qualification system valid? The period of validity is determined by the utility contracting entity and published in the notice. The law does not prescribe a maximum period of validity.

Must the qualification system be published? Yes, the qualification system must be published by way of a notice in the Official Journal of the EU (TED).

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