Article 104 · Conditions for the performance of contracts

1.Public buyers may lay down conditions relating to the performance of a contract, provided that they are linked to the subject-matter of the contract in accordance with Article 90 and clearly indicated in the procurement detail.

2.Those conditions may, in addition to general contractual, technical, quality and economic aspects, such as price indexation, also include conditions related to strategic considerations, including:

(a)environmental considerations as defined in Article 50, such as the handling of waste, compliance with sustainability due diligence and reporting in the execution of the contract, or other requirements in a circular economy;

(b)employment considerations, such as fair working conditions of the workers employed in the execution of the contract, including remuneration as well as occupational health and safety at work;

(c)other social considerations as defined in Article 55, such as implementation of appropriate prevention and mitigation processes related to human rights impacts arising in the performance of the contract;

(d)innovation objectives as described in Article 59, such as to encourage continued improvement of the solution;

(e)security and public safety interests as described in Articles 66, or resilience and security of supply requirements as set out in Article 69, such as security clearance of the personnel, handling restrictions or continued observance and improvement of the supply chain.