proportionality

Proportionality is a fundamental principle in public procurement that requires contracting authorities to ensure their requirements and procedures are appropriate relative to the contract's nature, scope, value, and complexity. In the EU/EEA, the principle derives from the Treaty on the Functioning of the European Union (TFEU) and is codified in Article 18 of Directive 2014/24/EU.

How does proportionality work?

The proportionality principle means that every aspect of a procurement process — from qualification requirements to technical specifications — must be balanced against what the contracting authority actually needs. Think of it as a scale: the demands placed on tenderers must be justified by the objectives of the procurement.

This works in two directions. Contracting authorities cannot set qualification thresholds so high that they unnecessarily exclude capable suppliers. At the same time, overly lax procedures for high-value contracts could undermine competition and equal treatment. The principle ensures a reasonable balance between thoroughness and efficiency at every stage.

Where does proportionality apply?

The principle affects virtually every stage of the procurement process:

• Selection criteria: Requirements for financial capacity, experience, and technical ability must be relevant and proportionate to the contract
• Specifications: Technical requirements in the requirements specification should not go beyond what is necessary to achieve the procurement's purpose
• Procedures: Below EU threshold values, contracting authorities have more flexibility in how they structure the competition
• Documentation: The burden of proof placed on suppliers must correspond to the contract's value and complexity

Tools like Cobrief can help suppliers navigate the specific requirements in each tender and respond proportionately to what the contracting authority is looking for.

Proportionality is one of the core principles of EU/EEA procurement law, alongside equal treatment, non-discrimination, transparency, and mutual recognition. Together, these principles ensure that public contracts are awarded through processes that are fair and efficient — without imposing unnecessary burdens on either the contracting authority or the participating tenderers.