Which legal regulations apply to a procurement procedure depends on whether a certain threshold value is reached. If the estimated contract value (excluding value-added tax) exceeds the specified threshold, a Europe-wide invitation to tender must be issued. Separate threshold values must be observed for each of the different types of contracts. The following table shows the current values for the different types of contracts. The threshold values are redefined by the EU Commission every two years. The values listed here apply from 1st of January 2022, until probably the end of 2023.
|Category of contract||Threshold (excl. VAT)|
|Construction contracts||5.382 million Euro|
|Construction & service concessions||5.382 million Euro|
|defense & security-related defense and service contracts||431,000 Euro|
|Supply & service contracts from sector contracting authorities||431,000 Euro|
|Supply and service contracts awarded by "traditional" public-sector clients||215,000 Euro|
|Supply and service contracts of the highest and upper federal authorities||140,000 Euro|
|Social and other special services for contracting authorities||750,000 Euro|
|Social and other special services for sector contracting authorities||1,000,000 Euro|
The EU thresholds are decisive for the application of EU procurement regulations. They determine the contract value above which the construction, supply or service must be put out to tender throughout Europe. The exact values can change from year to year, so you should always obtain the latest values from the European Commission or other reliable sources.
Some possible errors related to EU thresholds could include:
With knowledge of these common sources of error, contracting agencies can take adequate steps to avoid them. A smooth procurement process that complies with procurement law is promoted, and legal risks are minimized.