Reference Projects in Procurement Law 2026 – Suitability Proof and Requirements

Definition: Reference projects are documented previous contracts or services of a bidder that the contracting authority may use as evidence of the company's technical and professional capacity within the suitability check.

Last updated: January 2026 · Legal basis: Art. 58 Directive 2014/24/EU; § 46 VgV; § 83 BVergG 2018

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What are Reference Projects in Procurement Law?

Reference projects are the central instrument by which bidders demonstrate their technical experience and capacity to the contracting authority. They show that the company has successfully performed comparable services in the past and is therefore able to properly fulfil the tendered contract. The contracting authority may set reference requirements, but must observe proportionality and must not unnecessarily restrict competition.

Legal Basis

The contracting authority's power to require reference projects derives from EU procurement law and its national implementing legislation.

According to Art. 58 para. 4 Directive 2014/24/EU, the contracting authority may require bidders to submit a list of the principal supplies or services performed in the last three to five years (or the last five years for construction works), stating the value, date and public or private contracting authority. In Germany, § 46 VgV implements this provision; in Austria, corresponding provisions are found in §§ 83 et seq. BVergG 2018.

Requirements for Reference Projects

Reference requirements must be contract-appropriate, transparent and non-discriminatory.

Typical characteristics that contracting authorities specify for references:

• Comparability: the nature and scope of the reference service must resemble the tendered contract.
• Period: generally services from the last three to five years (construction works: five years).
• Minimum value: often a minimum contract value is set for the reference; according to CJEU case law and national procurement review bodies, this may not disproportionately exceed the contract value (rule of thumb: a reference value of more than 100 % of the contract value is generally not permissible).
• Number: specification of a minimum or maximum number of permissible references.
• Evidence: certificates from the former contracting authority on proper performance (reference letters, certificates of satisfaction).

Limits and Common Errors

Excessively narrow reference requirements unduly restrict competition and may render the suitability criteria unlawful.

Common errors on the contracting authority side:

• Setting reference contract volumes that approach or exceed the contract value (disproportionate)
• Requiring references only from the public sector (discriminatory)
• Excessively short reference periods that block market access for new providers
• Specifying a single reference project with the exact performance profile of the tendered contract (market-narrowing effect)

References of Consortia and Subcontractors

A bidder may also rely on the capacities of other companies to demonstrate reference projects (reliance on third-party capacities). Bidding consortia can submit the cumulative references of their members, provided that each member actually performs the parts of the service allocated to it. Reliance on third-party capacities under Art. 63 Directive 2014/24/EU also allows individual bidders to rely on external references if they demonstrate that the capacities are actually available to them.

Related Terms

• Suitability Criteria
• Suitability Check
• Reliance on Third-Party Capacities
• Bidding Consortium

FAQ

How old may reference projects be? Generally, references from the last three to five years are permissible; for construction works, five years may be required. Older references may regularly not be considered by contracting authorities.

Must the former contracting authority issue a certificate? Such a certificate is customary and can be required, but is not mandatory. Bidders can submit affidavits in the case of private contracting authorities if a certificate is not available.

Can a bidder be excluded if they have no matching references? Yes. If the required suitability evidence is missing, the bidder must be excluded due to lack of technical capacity – unless they can compensate for the missing suitability through reliance on third-party capacities.

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