Non‑discrimination is a foundational principle in public procurement requiring contracting authorities to give equal opportunity to all eligible suppliers, regardless of nationality, location, or other irrelevant characteristics. Under this principle, bidders are evaluated solely on objective, contract-relevant criteria, ensuring that no supplier is unfairly advantaged or disadvantaged throughout the procurement process.
Within the EU legal framework—rooted in the core principles of the internal market—non‑discrimination works hand in hand with equal treatment, transparency, and proportionality. These principles are enshrined in Directive 2014/24/EU and apply to both above-threshold and, in many cases, below-threshold public procurements. They guarantee that suppliers from any EU member state can compete on a level playing field and have equal access to procurement opportunities.
In practice, non‑discrimination means contracting authorities must avoid requirements or procedures that unduly favor local suppliers or exclude foreign competitors. For example, tender documents must not demand unnecessary local ties or biased performance measures. Upholding this principle builds trust, supports fair competition, and ensures compliance with EU law—while also promoting cross-border market access and reliable procurement outcomes.
