Selection Criteria in Procurement Law 2026
Selection criteria in procurement law: criteria for selecting candidates in a call for competition. Distinction from suitability and award criteria.
Definition: Selection criteria are, in procurement law, the standards on the basis of which a contracting authority, during the call-for-competition stage of a restricted procedure, negotiated procedure or competitive dialogue, selects a limited number of suitable candidates from among all qualified candidates for an invitation to tender.
Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 65, BVergG 2018 §§ 106–108, GWB § 51, VgV § 51
What are selection criteria?
Selection criteria are applied where more suitable candidates exist than the number to be invited to tender, and allow the contracting authority to make a qualitative selection among the candidates to be invited. They differ fundamentally from suitability criteria (which set the minimum level of capability) and from award criteria (which determine the most economically advantageous tender):
- Suitability criteria: pass/fail – suitable or not suitable
- Selection criteria: ranking among suitable candidates for invitation to the tender stage
- Award criteria: evaluation of tenders submitted by suitable and selected tenderers
Permissible selection criteria
Selection criteria must be linked to the subject of the contract and announced in advance in the contract notice. Admissible selection criteria include:
- Number of comparable reference projects in recent years
- Qualifications of the staff to be deployed
- Experience with similar projects (level of difficulty, volume)
- Technical equipment and capacity
- Certifications and quality management systems
Discriminatory criteria (e.g. preference for local providers) or criteria that impose disproportionate effort on candidates are not permissible.
Minimum number of candidates to invite
EU procurement law prescribes minimum numbers of candidates to be invited to tender in order to ensure genuine competition.
| Procedure type | Minimum number |
|---|---|
| Restricted procedure | 5 |
| Negotiated procedure with prior publication | 3 |
| Competitive dialogue | 3 |
If fewer suitable candidates are available, the contracting authority may continue the procedure with the smaller number, provided competition is still ensured.
FAQ
Must selection criteria be published in the notice? Yes. Selection criteria and their weighting must be stated in advance in the contract notice or the procurement documents.
Can a candidate challenge the selection decision? Yes. If a suitable candidate is not invited to tender, they may challenge the selection decision in review proceedings, provided they observe the deadlines.
Last updated: January 2026 All information without warranty. For legally binding advice, please consult a law firm specialising in procurement law.
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