Formulate a carbon footprint criterion for the construction site in the tender documents,
from the preliminary assessment to the award decision.
From August 22, 2026, all public contracts must include at least one environmental award criterion (Article 35 of the Climate Law). Construction site carbon emissions measured by Efficarbone are an objective, quantifiable criterion that can be defended in pre-contractual legal proceedings.
Why is construction carbon included in the tender documents?
Article 35 of the Climate and Resilience Law mandates that, from August 22, 2026 , all public contracts must include at least one environmental criterion among their award criteria. Construction site carbon emissions (Ic construction, items A4-A9) are a natural candidate for this criterion.
- The objective is to provide a measurable figure for a construction site's carbon footprint, not a qualitative statement. It allows for comparison between bids without subjectivity.
- Quantifiable Expressed in kg CO₂e/m² SHON, it allows a linear or threshold rating scale.
- Defensible Based on traceable ADEME factors, it resists a pre-contractual summary proceeding — unlike a vague criterion of “environmental approach”.
The 2026 public procurement page details the complete legal framework. This page focuses on the operational method: how the project owner uses Efficarbone to formulate, calibrate, and evaluate this criterion.
4-step method
Preliminary baseline assessment
The project owner carries out a preliminary Efficarbone assessment based on the program and the PRO assumptions. This preliminary assessment estimates the reference construction site carbon — the expected level “if nothing special is done”.
Data required: gross floor area, location, number of levels, type of foundations, estimated volumes of excavation/filling, estimated duration of construction.
Criterion calibration
Based on the preliminary assessment, the project owner defines the rating mechanism:
| Mechanism | Principle | When to choose it |
|---|---|---|
| Elimination threshold | Above the threshold, non-compliant offer | When the project owner wants a guaranteed minimum |
| Linear scale | Proportional rating between a minimum and a maximum | When the MOA wants to encourage performance |
| Tiered pricing | Grading ranges (e.g., A/B/C/D) | When the project owner wants to simplify the comparison |
The Efficarbone pre-assessment provides the reference value which serves as the basis for calibration: the "0 effort" to set the floor, and the "optimized site" estimate to set the objective.
Drafting of the DCE criterion
The project owner (MOA) drafts the criterion in the consultation rules. Elements to be specified:
- — Indicator: Construction site energy consumption in kg CO₂e/m² SHON (items A4-A9 EN 15978)
- — Weighting in the overall score (typically 5 to 15%)
- — Scoring mechanism used (threshold, linear scale, or tiers)
- — Expected response format from candidates: recognized carbon footprint tool or free-form drawing
- — Documents to be provided: detailed site report by item, factors used, assumptions
Analysis and benchmarking of offers
Bidding companies submit their site carbon footprint assessments in the format specified in the tender documents. The project owner uses Efficarbone for:
- — Verify the consistency of the received reports with the preliminary reference report
- — Compare offers on a homogeneous basis (same scope, same positions)
- — Document the rating and award decision
- — Produce a report that can be defended in the event of an appeal
Weighting: how much does the construction site's carbon footprint weigh?
The weighting of the construction site carbon criterion in the overall score is a choice made by the project owner. Case law and recommendations from the Legal Affairs Department suggest remaining within a realistic range:
| Weighting | Signal sent | Risk |
|---|---|---|
| 5 % | Minimum compliance criterion — the project owner demonstrates that they are integrating the environment | Not very discriminating between offers |
| 10 % | Significant criterion — encourages companies to optimize their construction site logistics | Recommended balance for a first carbon DCE |
| 15 % | Key criterion — carbon emissions from construction sites are a strategic focus of the project owner | Must be justified by a solid preliminary assessment |
The Efficarbone preliminary assessment justifies the chosen weighting: if the preliminary assessment shows that construction carbon represents 8% of the total carbon footprint of the operation, a weighting of 10% of the criterion is proportionate and defensible.
Legal certainty: pre-contractual summary proceedings
A poorly formulated environmental criterion can be challenged in pre-contractual summary proceedings. The main grounds for cancellation are:
fragile criterion
- — “Environmental approach” without a measurable indicator
- — Lack of an explicit notation method
- — Disproportionate weighting without technical justification
- — Unsourced emission factors
Robust criterion (Efficarbone)
- — Quantitative indicator: kg CO₂e/m² SHON
- — Documented preliminary assessment justifying the calibration
- — Explicit rating scale in the RC
- — ADEME Footprint Base Factors with traceability
The combination of preliminary assessment, calibrated criteria, and tracked factors produces a file that the administrative judge can verify point by point. This is the difference between a "decorative" criterion and an enforceable one.
Frequently Asked Questions
The tender documents may include a clause requiring the contractor to collect Efficarbone data (delivery slips, energy consumption, waste tracking). The technical specifications detail the expected deliverables and reporting frequency. Clause templates are available from IRICE.
Experience shows that collection integrates well into existing processes (delivery notes, waste slips). The contractual clause in the tender documents removes any ambiguity. Companies familiar with environmental requirements (ISO 14001, HQE Execution) adapt to it quickly.
Yes. The Public Procurement Code allows for the integration of environmental criteria into works contracts. The carbon footprint measurement on construction sites via Efficarbone can be included in the award criteria or the contract execution conditions.
State your construction site carbon criterion
Preliminary baseline assessment, calibration of the pricing structure, defensible documentation. Efficarbone structures the project owner's tender specifications.