A supplier’s experience need not serve solely to demonstrate its qualifications. In certain circumstances, it may also be used as an award criterion. In its judgment No. 6 As 135/2026, the Czech Supreme Administrative Court confirmed that a contracting authority may assess the overall quality of a supplier’s previous performance, provided that it is sufficiently connected with the subject matter of the public contract.

The dispute arose from a public procurement procedure launched by the Prague 10 municipal district for the management and maintenance of public green spaces. One of the award criteria was the satisfaction of previous clients, assessed through questionnaires. This criterion accounted for 30% of the overall score, while the tender price accounted for 70%. The Czech Office for the Protection of Competition considered this approach unlawful, arguing that it amounted to an assessment of the supplier’s qualifications rather than the quality of the tender.

The Supreme Administrative Court rejected this interpretation. In the case of repetitive and standardised services, the quality of performance may depend primarily on work organisation, internal processes, logistics and the supplier’s overall know-how. Experience gained from previous contracts may therefore provide an indication of the expected quality of future performance.

What does this mean for contracting authorities?

Assessing references is not prohibited per se. However, it is not enough to award points simply for the number or existence of previous contracts. The criterion must genuinely assess the quality of previous performance, be linked to the subject matter of the contract being awarded, and enable tenders to be compared in a transparent, objective and reviewable manner.

Author: Jan J. Šlajs