What are
contract performance conditions
Also known as: conditions for performance of contracts
Contract performance conditions are terms that a contracting authority sets for how a public contract must be carried out. While requirements specifications describe what is to be delivered and award criteria determine who wins, contract performance conditions govern how the work must be performed during the contract period.
How do contract performance conditions work?
Contract performance conditions are established by the contracting authority and must be included in the tender documents before the submission deadline. They are not evaluated during tender assessment, but the supplier commits to fulfilling them throughout the contract. Unlike technical specifications, they do not need to be met at the time of bidding — they must be satisfied when contract execution begins.
Under EU Directive 2014/24/EU (Article 70), contracting authorities may set conditions relating to economic, innovation-related, environmental, social, or employment-related considerations. The conditions must be linked to the subject-matter of the contract and indicated in the procurement documents.
Common types of contract performance conditions
Some conditions are mandatory under national legislation, while others are discretionary:
- Wage and working conditions — many EU/EEA countries require contractors to comply with applicable collective agreements or minimum wage standards
- Apprenticeship requirements — contracting authorities may require the use of apprentices when relevant, as seen in Norway's apprenticeship clause
- Supply chain limits — restrictions on subcontracting tiers to combat labour exploitation in construction and cleaning
- Environmental conditions — contract conditions can require greener practices where the market is not mature enough for technical specifications
- Amendment clauses — price adjustment mechanisms and options that must be clearly described in the tender documents
Tools like Cobrief can help suppliers identify which contract performance conditions apply in different tenders, ensuring they are prepared before submitting a bid.
Contract performance conditions are a key instrument for ensuring public contracts are executed responsibly. Effective contract monitoring is essential to verify compliance, and suppliers who take significant reservations against contract conditions risk rejection from the procedure.