Specifications with Performance Programme 2026
Specifications with performance programme in public procurement: functional description of works in which bidders themselves take over planning and execution.
Definition: Specifications with a performance programme are a variant of the specifications in public works procurement, in which the contracting authority sets out only the task, minimum requirements and key boundary conditions, while the bidders work out the specific planning and technical solution on their own responsibility and submit them with their bid.
Last updated: January 2026 · Legal basis: § 7b VOB/A (Germany), § 87 BVergG 2018 (Austria)
What are specifications with a performance programme?
Specifications with a performance programme – also known as functional specifications – transfer the technical solution from the contracting authority to the bidders and thereby create scope for innovative planning approaches. In contrast to detailed specifications with a bill of quantities, in which the contracting authority sets out every position precisely, the performance programme only describes the desired result: what is to be built or constructed? Which minimum requirements must be met? The bidders develop the specific solution themselves.
This form of specifications is regulated in Germany by § 7b VOB/A and in Austria by § 87 BVergG 2018.
Areas of application
The performance programme is particularly suitable for complex construction projects in which the contracting authority does not set out a specific technical concept or expects innovative solutions from bidders.
Typical use cases:
- Turnkey construction of buildings
- Energy efficiency measures with functional specifications (e.g. target annual energy consumption)
- Infrastructure projects with technical variants
- Complex plant technology (e.g. wastewater treatment plants, power stations)
Content of the performance programme
A performance programme contains all the information bidders need to prepare a complete, comparable bid.
Key components:
- Description of the task: What is to be achieved? (Function, purpose, use)
- Minimum requirements: Technical, legal and qualitative minimum standards
- Boundary conditions: Site, existing infrastructure, interfaces
- Award criteria: How are the different planning approaches evaluated?
- Application conditions: Form and content of the bid
Advantages and disadvantages
The performance programme offers flexibility and innovation potential but places high demands on bid evaluation.
| Advantages | Disadvantages / risks |
|---|---|
| Innovative approaches possible | Bids difficult to compare |
| Planning costs shifted to bidders | High bidder effort → less competition |
| Contracting authority need not plan | High demands on the evaluation matrix |
| Integrated overall concept from one provider | Quality control more difficult |
Distinction from the bill of quantities
Whereas the bill of quantities prescribes each item precisely, the performance programme leaves bidders with constructive and planning freedom.
| Criterion | Bill of quantities | Performance programme |
|---|---|---|
| Planning responsibility | Contracting authority | Bidder |
| Comparability | High | Limited |
| Innovation potential | Low | High |
| Typical use | Standard services | Complex projects |
FAQ
Can variants be submitted under a performance programme? Yes, provided the contracting authority expressly permits or requires variants. Without express permission, variants are generally not eligible for evaluation.
How are bids evaluated under a performance programme? Since bids differ in planning terms, differentiated award criteria must be set out which, alongside price, also evaluate the quality of the technical solution, sustainability, timeliness and similar aspects.
Does the performance programme also apply to services? The terminology comes from public works procurement. In the service sector, the term "functional specifications" or "outcome-oriented specifications" is used, which is comparable in substance.
Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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