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Legal

Thresholds

Thresholds are the contract value limits set by law above which public contracts must be tendered under the stricter EU procurement law.

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What does thresholds mean?

Thresholds are monetary limits that determine which procurement law applies to a public contract. If the estimated contract value reaches or exceeds the relevant threshold, the contract must be awarded under the stricter rules of EU procurement law (above the thresholds). Below the thresholds, the less formal national procurement rules apply (below the thresholds).

The European Commission resets the EU thresholds every two years and publishes them in a regulation. They differ by contract type and type of contracting authority. Since January 1, 2026, the thresholds for classic contracting authorities have been EUR 216,000 for supply and service contracts and EUR 5,404,000 for works contracts. For the highest and higher federal authorities, the threshold for supplies and services is EUR 140,000. Higher thresholds apply to sector contracting entities and in the defense sector. The amounts always refer to the estimated net contract value excluding VAT.

Estimating the contract value correctly is key to determining which procurement law applies. All options, extensions and lots must be taken into account. Splitting contracts artificially to avoid the thresholds is expressly prohibited. This so-called ban on splitting is meant to ensure that contracts are not broken up into smaller packages to avoid EU-wide competition.

Facts & figures

Contract type and contracting authority2026–20272024–2025
Works contracts (all contracting authorities)EUR 5,404,000EUR 5,538,000
Supplies/services, highest and higher federal authoritiesEUR 140,000EUR 143,000
Supplies/services, other contracting authoritiesEUR 216,000EUR 221,000
Supplies/services, sector contracting entities and defenseEUR 432,000EUR 443,000
Works and service concessionsEUR 5,404,000EUR 5,538,000
Social and other specific servicesEUR 750,000EUR 750,000

All values are net amounts excluding VAT. They are based on Delegated Regulations (EU) 2025/2150, 2025/2151 and 2025/2152 of October 22, 2025, and apply until December 31, 2027.

Relevance for bidders

For bidders, knowing the thresholds is of great practical importance. Contracts above the thresholds are subject to stricter transparency obligations and therefore offer broader legal protection. Above the thresholds, bidders can use the review procedure before the public procurement tribunal (Vergabekammer), while below the thresholds only the general civil courts are available.

The thresholds also affect deadlines, publication obligations and procedure types. Contracts above the thresholds must be published Europe-wide in the Official Journal of the EU (TED) and are therefore open to a larger group of bidders. For bidders who actively search for tenders, it is therefore important to know where which contracts are published.

Legal framework

The thresholds are set in Section 106 GWB (German Act against Restraints of Competition) and are adjusted regularly through the EU threshold regulation. EU Procurement Directives 2014/24/EU and 2014/25/EU define the thresholds at European level in their Articles 4 and 15 respectively. The methods for estimating the contract value are governed by Section 3 VgV (Public Procurement Ordinance). The ban on splitting is in Section 3(2) VgV.

Related terms

Tender portal (Vergabeportal)
A tender portal is an electronic platform that contracting authorities use to publish tenders and handle all procurement communication.
Two-stage procurement procedure
A two-stage procurement procedure splits the procurement process into a participation phase for checking suitability and a following bidding phase for selected applicants.
Contract volume
Contract volume refers to the estimated total value of a public contract and determines which procurement rules apply.
VgV (Public Procurement Ordinance)
The Public Procurement Ordinance (Vergabeverordnung, VgV) is the central statutory ordinance for awarding public supply and service contracts above the EU thresholds.
UVgO (Sub-Threshold Procurement Ordinance)
The Sub-Threshold Procurement Ordinance governs the award of public supply and service contracts below the EU thresholds.
SektVO (Sector Ordinance)
The Sector Ordinance governs the award of public contracts by contracting entities in the water, energy, transport and postal sectors.
Review procedure (Nachprüfungsverfahren)
The review procedure is the formal legal remedy that lets bidders challenge violations of procurement law above the EU thresholds before the public procurement tribunal (Vergabekammer).
Public procurement tribunal (Vergabekammer)
The public procurement tribunal (Vergabekammer) is the competent body for reviewing award decisions by contracting authorities above the EU thresholds.
VOB (German Construction Contract Procedures)
The VOB is the central set of rules for awarding construction contracts and performing them in Germany.