Value limits for sub-threshold awards

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Below the EU thresholds, there are numerous value limits which, among other things, are intended to simplify procedures and make it easier for the contracting authority to award small contracts. If, for example, the contract to be awarded does not reach a certain volume, the contracting authority can carry out a restricted invitation to tender or a negotiated award without the need for further justification. As a rule, the values to be considered refer to the estimated contract value excluding VAT. What these values are depends to a large extent on who the contracting authority is, in which federal state the award is made, etc.

In the UVgO as well as in the 1st section of the VOB/A there are several threshold values which are often adopted in the federal states. According to § 3a para. 2 no. 1 VOB∕A 1st section, a restricted invitation to tender can be issued for construction contracts for finishing trades (excluding energy and building services engineering), landscaping or road equipment up to a contract value of 50,000 euros, for construction contracts for civil engineering, traffic route construction and engineering up to a contract value of 150,000 euros and for all other trades up to a value of 100,000 euros. Construction contracts whose estimated contract value does not exceed 10,000 euros may even be awarded directly in accordance with Section 3a (4) Sentence 2 VOB∕A 1st Section. Up to an estimated contract value of 1,000 euros, services can be procured pursuant to Section 14 UVgO and up to 3,000 euros, construction services can be procured pursuant to Section 3a (4), sentence 1 VOB/A 1st section as a direct contract, i.e. without conducting an procurement procedure. The contracting authority is then only bound by the budgetary principles of economic efficiency and economy.

But beware: these values need not apply in the specific case. It is always necessary to check which procurement regulations and possibly also which decrees are to be applied exactly. The federal states, for example, each have their own regulations on value limits. These also change frequently.

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