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Suitability and award: two different levels
Procurement law clearly distinguishes between two levels. Suitability concerns the company. It examines whether a bidder is fundamentally able to perform the contract lawfully, reliably and professionally. The award concerns the bid. It evaluates which bid is best according to the defined criteria, for example price or quality.
This separation matters. An excellent reference cannot automatically score twice as a quality criterion in the award if it already serves as evidence of suitability, unless the documents expressly provide for this. And a very good bid is of no use if the company does not meet the suitability criteria.
The three pillars of suitability
Authorisation
Authorisation answers the question: is the company allowed to provide the service at all? In Austria, this is usually the appropriate trade licence or a comparable professional authorisation. Foreign companies may need an equivalent authorisation in their home country or a formal recognition. For IT services, check whether the trade licence covers the tendered scope, for example services in automated data processing and information technology.
Professional reliability
Reliability is about grounds for exclusion. Among other things, the contracting authority checks whether certain criminal convictions exist against the company or responsible persons, whether taxes and social security contributions have been paid properly, and whether insolvency proceedings are under way. Typical evidence includes criminal record certificates, confirmations from the tax office and social security institutions, or extracts from registers such as the Austrian contractor register (ANKÖ).
Technical, financial and economic capability
Capability shows whether the company can handle the contract professionally and economically.
- Financial and economic: for example minimum turnover, bank references or business liability insurance of a certain amount.
- Technical: for example reference projects, qualifications and experience of key personnel, certifications or available technical equipment.
The requirements must be related to the subject matter of the contract and proportionate. Which evidence is required in detail is stated in the tender documents.
References: where most problems arise
References are the most common stumbling block. A reference can fit professionally and still miss the requirement. Typical reasons include:
- Scope: a project above a certain contract value or number of person-days is required, and your own reference falls just short.
- Period: the reference must have been completed within the last three or five years.
- Content: a comparable service is required, for example operating a specific platform, not just implementing it.
- Form of evidence: a signed reference confirmation from the client is required, but only a project description is available.
Our tip: maintain a reference database with contract value, period, service content, contact person and existing confirmation. That way, you can immediately see for each tender which projects fit and where the gaps are.
Self-declaration and evidence
In many procedures, a self-declaration that the suitability criteria are met is initially sufficient. In EU-wide procedures, the European Single Procurement Document (ESPD) is frequently used. The actual evidence must then be submitted at the request of the contracting authority, often within short deadlines.
This means: a self-declaration is not a free pass. Anyone who declares that they meet the criteria must actually be able to provide the evidence. Check before submission whether all documents are up to date and fully available.
When your own suitability is not enough
Smaller companies in particular do not always meet all criteria on their own, for example minimum turnover or references of a certain size. Procurement law provides options for this: under certain conditions, bidders can rely on the capacities of other companies, such as subcontractors, or join forces in a bidding consortium. Which form is suitable and which evidence and commitment declarations are then required depends on the documents.
It is important to make this decision early. A partnership cannot be set up properly in the last few days before submission.
Preparation checklist
- Check your trade licence: does it cover the tendered scope?
- Keep reliability evidence up to date: criminal record, tax office, social security, register entry if applicable
- Have financial figures and insurance certificates at hand
- Maintain a reference database and obtain reference confirmations early
- Update CVs and qualifications of key personnel
- If there are gaps: check partners, subcontractors or a bidding consortium in good time
- Keep an eye on deadlines for submitting evidence
Go or no-go: suitability as the first filter
Suitability criteria are an excellent first filter when deciding whether to take part in a tender. Before you invest time in concept and pricing, a short check pays off: Do we meet authorisation, reliability and capability ourselves? If not, can we close the gap with a partner? And is the effort proportionate to the contract?
An honest answer saves resources that you can invest in better-fitting procedures.
Key personnel: an underestimated part of suitability
In IT tenders, technical capability is often demonstrated through key personnel. Typical requirements include a project manager with specific experience, architects with proven projects or developers with particular certifications. These requirements are often very specific: number of years, comparable projects, language skills and sometimes security clearances.
The challenge: the named persons must be available for the entire contract term, and replacing them is usually only possible with equivalent qualifications and the contracting authority's consent. So plan realistically whom you name, keep CVs ready in a consistent, tender-ready format and clarify early whether external specialists can be involved if the right person is not available internally. This is exactly where a partner with access to experienced IT professionals can make the difference.
Frequently asked questions
Can missing evidence be submitted later?
That depends on the procedure and the type of deficiency. Some deficiencies can be remedied, others lead to the exclusion of the bid. So do not rely on submitting documents later; check the documents completely before submission.
Do references from subcontractors or partners count?
Under certain conditions, yes, if the bidder relies on their capacities and demonstrates this properly. A commitment declaration from the partner is often required. The details are set out in the tender documents.
How current does evidence need to be?
Many contracting authorities require evidence that is no older than a few months, for example confirmations from the tax office or social security institutions. A fixed update cycle saves last-minute stress before submission.
Conclusion
Suitability and award are two levels. Suitability concerns the company, the award concerns the bid. If you check authorisation, reliability and capability early, keep evidence up to date and maintain references systematically, you significantly increase the chances that your bid is evaluated at all.
For IT tenders, Suppliance works with independent partner companies and their networks, from preparation and submission to ongoing support. Which evidence takes you the most preparation? Send us a specific tender, and we will review it together.