Section 122 GWB (German Act against Restraints of Competition) governs which companies are suitable for a public contract. The question is whether they have the expertise and capacity to perform it. In addition, they must not be excluded under Sections 123 or 124. Good references alone therefore do not answer all participation requirements. Section 122 (1) GWB
Legal and source status: September 5, 2026. The GWB guide shows where this fits in the procedure.
Three groups of suitability criteria
| Statutory group | Possible check question for the bid team |
|---|---|
| Qualification and authorization to pursue the professional activity | Do we hold the authorization required for the activity? |
| Economic and financial standing | Can we document the required financial security? |
| Technical and professional ability | Do we have the required experience, equipment and capacity? |
Other topics cannot be added as suitability criteria at will. Criteria and evidence must be linked to the subject matter of the contract and be proportionate to the contract and its value. So what counts is the specific published requirement, not a general idea of the "large, experienced provider". Section 122 (2) and (4) GWB
What applies to self-declarations and the contract notice?
The current version makes self-declarations the rule for suitability and for the absence of grounds for exclusion. Additional documents should only be requested during the procedure from candidates or bidders with a realistic chance. Prequalification systems can also provide the proof in full or in part. Section 122 (3) GWB
Criteria and required evidence must be stated in the notice documents named by law. A reference to the procurement documents is allowed if the notice shows at which exact place in the directly linked documents the criteria can be found. Section 122 (4) GWB
This makes the first submission easier. Keep the factual basis of a self-declaration ready so that you can handle a later request for evidence on time.
Set up an evidence matrix
Fictional example: A consulting firm finds a tender with requirements for project experience and available specialists. It creates one row for each requirement:
- wording and location of the requirement
- required form and timing of the evidence
- matching in-house documents and the person responsible
- open gap with a date for clarification.
Do not just write "references available". Record which reference proves which requirement. That way, those responsible for the internal sign-off can see whether a file is missing or actual experience is.
Separate missing capacity from award evaluation
Under the VgV (Public Procurement Ordinance), a company can rely on the capacities of other entities for certain suitability criteria. Their actual availability must be proven for this. For certain professional credentials, the other company must perform the corresponding service. This is known as reliance on third-party capacity (Eignungsleihe). Our subcontractor guide explains the requirements. Section 47 VgV
Suitability is also not the same as the evaluation of the bid. Section 127 GWB concerns the award, Section 123 GWB mandatory grounds for exclusion. Keep these checks separate in your bid/no-bid decision.
Frequently asked questions
Which suitability criteria does Section 122 GWB allow?
The criteria may concern qualification and authorization to pursue the professional activity, economic and financial standing, and technical and professional ability. They must fit the specific contract and be proportionate.
Are self-declarations enough as proof of suitability?
Under the current version of Section 122 (3), suitability and the absence of grounds for exclusion should be proven by self-declarations. Documents beyond that should only be requested during the procedure from candidates or bidders with a realistic chance.