What is the Proportionality Principle?
The proportionality principle requires all procurement requirements to be proportionate to the contract subject. Excessive requirements unnecessarily restricting competition are impermissible.
Application Areas
Suitability criteria: turnover max. 2x contract value, comparable (not identical) references, proportionate personnel and certification requirements.
Award criteria: objectively justifiable weighting, contract-related quality criteria.
Procedural requirements: sufficient deadlines, non-excessive formal requirements.
Three-Step Test
- Suitability: Is the requirement suitable to achieve the goal?
- Necessity: Is there no less restrictive means?
- Proportionality: Is the burden proportionate to the benefit?
Practical Tip
Proportionality especially protects SMEs from excessive requirements. Patterno filters tenders by your capabilities and helps you review requirements early.