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General

Economic and Technical Capacity

Suitability criterion proving a bidder's economic, financial, and technical capacity to execute the contract.

What is Economic and Technical Capacity?

Capacity (German: Leistungsfähigkeit) is one of the three classic suitability criteria in procurement law, encompassing economic, financial, and technical capabilities.

Legal Framework

  • § 122(2) No. 2-3 GWB: Economic/financial and technical/professional ability
  • § 45-46 VgV: Evidence requirements

Economic and Financial Capacity

EvidenceTypical Requirement
Annual turnoverMin. 2x annual contract value
Sector turnoverMin. 1x annual contract value
InsuranceCoverage as per contract
Bank referencePositive rating

Technical Capacity

References, staff, equipment, quality management (ISO), environmental management.

Proportionality

Requirements must be proportionate (§ 122(4) GWB). Minimum turnover should not exceed 2x annual contract value.

Reliance and Joint Ventures

Bidders lacking capacity can rely on third parties (§ 47 VgV) or form joint ventures where capacities are cumulated.

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