Selection determines whether an undertaking is capable of performing the contract. Criteria and evidence must be related and proportionate to the subject matter, properly disclosed and applied consistently. General capability must be distinguished from evaluation of the offer.
Choose suitable criteria
Professional authorisation, financial standing and technical or professional ability can be relevant under section 122 GWB and the VgV. The required level should reflect the contract’s scale and risk. Unnecessary restrictions can exclude capable young or smaller businesses. The authority should examine what each requested item actually proves rather than copy an extensive checklist without a purpose.
Evaluate references accurately
Compare the bidder’s role, scope, complexity and performance period with the published requirement. A reference from a private client may be relevant unless a justified condition says otherwise. Experience of individual staff, a group company and the bidding entity are not automatically interchangeable. If third-party resources are relied upon, availability and applicable performance obligations must be shown.
Declarations and verification
Self-declarations and, where applicable, the European Single Procurement Document can serve as preliminary evidence within the legal framework. The authority must still complete required checks before award. In the open procedure, current section 42(4) VgV generally places tender examination before selection examination, subject to the provision’s exceptions.
Prepare an evidence matrix
List each criterion, the required proof, the entity providing it and the deadline. Check consistency across forms and references. If a condition is unclear or disproportionate, address it before the relevant deadline. A later request for documents is not a reliable substitute for a complete and accurate submission.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Private reference
A company submits a comparable project for a private client. Assess the published criterion and its justification. Public-sector customer status is not automatically a necessary measure of technical ability.
Example 2: New business
A recently formed bidder lacks a long turnover history. Consider proportionate requirements and legally available alternative proof. Staff experience is useful evidence but not always equivalent to a company reference.
Example 3: Group project
A bidder relies on its sister company’s experience. Common ownership does not establish access to the necessary resources. Examine third-party reliance and the commitments needed for actual performance.
Example 4: Selection scored again
An authority rewards general company size during award evaluation. Check whether the criterion genuinely relates to the offered performance. Eligibility and the comparative quality of the tender are separate assessments.
Related topics
Joint bids, subcontractors and reliance on third parties · Tender exclusion and requests for missing documents · Award criteria and tender evaluation
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: § 122 GWB · § 42 VgV · § 45 VgV · § 50 VgV · § 75 VgV
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.