Thresholds for Advertising Public Sector Tenders and Awards
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These are the value thresholds above which a prospective purchaser has to advertise its requirements in advance in the Official Journal of the European Communities (and hence in TED). In several countries there are national regulations which require even lower value contracts to be advertised in some form of national "Official Journal".
In addition to EU rules there are GATT/WTO agreements which require that central government bodies advertise supply contracts once they exceed a rather lower threshold. Such advertisements also appear in the Official Journal of the European Union.
Note that the rules for utilities differ from the rules for the general run of public bodies.
Utilities include many private companies operating under exclusive rights conferred by public bodies
For notes on "Works", "Supplies" and "Services", etc see Glossary.
GATT/WTO rules apply only to organs of central government.
Works Contracts
ECU 5,000,000 total value of any one contract. (£3,743,203)
It is permitted for lots (part contracts) valued below ECU 1,000,000 (£748,641) to be awarded without advertisement, provided the total value of such lots does not exceed 20% of the project cost.
Supplies Contracts (Goods) - GATT/WTO
130,000 SDR's (Special Drawing Rights), converted as ECU 128,771 (£96,403)
Supplies Contracts (Goods) - European Union
ECU 200,000 total value of any one contract. (£149,728)
An annual Periodic Indicative Notice is required, covering each product category on which it is expected more than ECU 750,000 will be spent. (£561,480)
Services Contracts
ECU 200,000 total value of any one contract. (£149,728)
An annual Periodic Indicative Notice is required, covering each Priority service category on which it is expected more than ECU 750,000 will be spent. (£561,480)
Note that only Priority Services have to be advertised; some bodies do however also advertise Non-Priority Services.
Awards
For all contracts which should be advertised according to the rules above, there should be advertisements in the Official Journal announcing the award. In the case of Non-Priority Services the authority must inform the European Commission of awards above the threshold, but may request that no notice of award should be published.
The thresholds applying to Utilities differ from those applying to Public Sector bodies
Utilities include many private companies operating under exclusive rights conferred by public bodies
Utilities are not subject to GATT/WTO rules.
Works Contracts
ECU 5,000,000 total value of any one contract. (£3,743,203)
It is permitted for lots (part contracts) valued below ECU 1,000,000 (£748,641) to be awarded without advertisement, provided the total value of such lots does not exceed 20% of the project cost.
Supplies Contracts (Goods)
ECU 600,000 (Telecommunications Utilities) total value of any one contract. (£449,184)
ECU 400,000 (all other Utilities) total value of any one contract. (£299,456)
A Periodic Indicative Notice is required at least annually, covering each product category on which it is expected more than ECU 750,000 will be spent. (£561,480)
Services Contracts
ECU 600,000 (Telecommunications Utilities) total value of any one contract. (£449,184)
ECU 400,000 (all other Utilities) total value of any one contract. (£299,456)
A Periodic Indicative Notice is required at least annually, covering each Priority service category on which it is expected more than ECU 750,000 will be spent. (£561,480)
Note that only Priority Services have to be advertised; some bodies do however also advertise Non-Priority Services.
Awards
For all contracts which should be advertised according to the rules above, Utilities should place a notice in the Official Journal announcing the award. In the case of Non-Priority Services the Utility must notify the European Commission of awards above the threshold, but may request that no notice of award should be published.
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Updated 01/11/95