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...

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 design contests organised as part of a procurement procedure for services over the set threshold. The threshold is the estimated value net of VAT of the service contract, including any possible prizes and/or payments to participants

The regulations governing public procurement in England and Wales (the Public Contracts Regulations 2015, SI 2015/102 (PCRs), the Utilities Contracts Regulations 2016, SI 2016/274 (UCRs) and the Concession Contracts Regulations 2016, SI 2016/273 (CCRs)) do not, therefore, apply where the estimated value of the contract, net of VAT,

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