What is the Non-Discrimination Principle?
The non-discrimination principle prohibits unjustified disadvantaging of bidders in procurement procedures, complementing the equal treatment principle.
Prohibited Discrimination
Based on origin (local bidders only), company size (minimum employees without justification), experience (excessive references), product (specifications tailored to one product), or language.
Permissible Differentiations
Objectively justified differentiations are permissible: suitability criteria, regional criteria when justified (e.g., emergency response time), sustainability aspects, and security requirements.
EU Dimension
Above thresholds, bidders from EU member states must not be disadvantaged compared to domestic bidders, based on EU fundamental freedoms.
Practical Tip
Non-discrimination protects all bidders, including SMEs. Patterno makes tenders transparent and accessible to all qualified companies.