EU procurement thresholds
Produced in partnership with Hardwicke and Michael Winder of Brabners LLP
EU procurement thresholds

The following Construction practice note produced in partnership with Hardwicke and Michael Winder of Brabners LLP provides comprehensive and up to date legal information covering:

  • EU procurement thresholds
  • Brexit impact—public procurement
  • What are the thresholds?
  • Setting the thresholds
  • Examples of thresholds
  • Determining the value of a contract
  • Separate contracts?
  • Contracts below the thresholds
  • SME encouragement
  • Cross-border interest
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Construction?

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement and, in relation to thresholds specifically, Implications of Brexit below.

What are the thresholds?

The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the thresholds set out in the relevant directive (see Practice Note: EU procurement—applicability). This provision is set out in:

  1. Article 4 of Directive 2014/24/EU—Public Contracts Directive

  2. Article 15 of Directive 2014/25/EU—Utilities Directive

  3. Article 8 of Directive 2014/23/EU—Concession Contracts Directive

  4. Article 95 of Directive 2014/25/EU also provides a threshold for

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