Specifying Sustainability Criteria When Defining The Object Of Procurement

Unlimited freedom for contracting authorities?

The right to determine performance allows the contracting authority to independently define the requirements and criteria that a product or service to be procured must fulfil (see our 'Drawer 1'). In recent years, the topic of 'sustainability' has also become considerably more important in the procurement processes of contracting authorities. This raises the question of the extent to which contracting authorities have a 'free hand' in defining sustainability requirements for the object of the contract.

Legal framework conditions

Contracting authorities can incorporate sustainability aspects into the subject matter of the contract via the specifications, among other things. In principle, contracting authorities have a great deal of room for manoeuvre in this regard, as they can generally define the requirements for the subject matter of the contract themselves. Section 31 VgV and Section 7a EU Para. 1 No. 2 Para. 6