The CO₂ Performance Ladder is not suitable as an eligibility requirement or selection criterion.
There are several reasons for this:
– Implementing the CO₂ Performance Ladder within an organisation takes time and effort. In most situations, it will be disproportionate to require an organisation, prior to tendering for a specific project, to certify the entire organisation. Such a requirement is not reasonable for a project that will constitute only a (small) part of the organisation’s turnover. From a procurement law perspective, there is then insufficient connection between the requirement and the subject matter of the contract. Also for this reason, such a requirement is not allowed as a suitability criterion or selection criterion.
– Using a certificate as an eligibility criterion or selection criterion means that parties without the required (level of the) certificate cannot compete or have less chance of being selected. This discriminates against foreign parties or small companies, for example. Procurement law does not allow this.
This principle applies to all tenders: European, national, and private treaty. For small contracts, such a suitability requirement is just as discriminatory. For private contracts, no further selection takes place anyway.