Threshold values in public procurement law
If, according to § 2 VgV*, the expected order value exceeds a so-called threshold, a Europe-wide awarding proceeding must be carried out. In such a case, it can be assumed that the mandate is of cross-border interest and relevant to the internal market. Above these thresholds, here applies laws “coined” by the European directives (the GWB); below these thresholds only national law applies.
The thresholds are constantly being re-determined (usually increased).
European Threshold Value (EU-wide invitation to tender required)
The threshold values are currently defined as follows (§ 100 (1) GWB, § 2 VgV, § 1 (2) Sekt-VO):
- For construction contracts, EUR 5.186.000 net
- For supply and service orders, EUR 134.000 net of the highest / upper federal authorities
- For supply and service contracts, EUR 414.000 net in the area of drinking water, energy supply and transport
- For all other delivery and service orders, EUR 209.000 net
Meaning of thresholds for bidders
Thresholds are of major importance for the legal protection possibilities of the bidders. It is therefore illegal for contracting authorities to subdivide a contract into subcontracts in order to remove it from the scope of European procurement law.
Thresholds of the German Regions – Länder (de minimis limits)
National public procurement law also recognizes thresholds that are to be distinguished from the thresholds mentioned above: the legislators and regulators of the federal and state governments determine when it is necessary to carry out a procurement procedure (de minimis limit) and which type of award procedure applies. For example purposes, following the threshold values of some Länder: Limited tender Free-handed awardingConstruction services 500.000 EUR net 50,000 EUR netDelivery costs 100.000 EUR net 10,000 EUR netServices 100,000 euros net 10,000 euros netFreelance services none
 *VgV: Verordnung über die Vergabe öffentlicher Aufträge, Regulations on the Award of Public Contracts