Above-Threshold Contract

An above-threshold contract is a public contract in the EU whose estimated value exceeds the applicable procurement-threshold for its authority type and contract category, triggering full compliance with EU procurement directives and mandatory publication on ted.

What is an Above-Threshold Contract?

When the estimated value of a public contract crosses the EU threshold for goods and services (approximately EUR 143,000 for central government and EUR 221,000 for sub-central authorities) or for works (approximately EUR 5,538,000), the contracting authority must follow the complete EU procurement framework. This means publishing a contract-notice in the ojeu, running one of the approved procedures (such as the open-procedure or restricted-procedure), accepting the espd as the qualification self-declaration, observing minimum submission deadlines, and publishing a contract award notice after the award decision. The above-threshold regime also gives suppliers access to mandatory standstill periods, debriefing rights, and judicial review remedies under the Remedies Directives.

Authorities are prohibited from splitting a contract into smaller lots to keep each below the threshold; the aggregate value determines the applicable regime.

Why Above-Threshold Contracts matter for bidders

Above-threshold contracts are the universe visible on TED, which means they are the primary target for any supplier with an EU market strategy and the capacity to manage the full EU procedure requirements. The advantage for suppliers is legal certainty: the rules are standardised across member states, the espd reduces documentation burden, and standstill periods give a right to challenge incorrect award decisions. The discipline is to calculate estimated contract value accurately before deciding how to respond, since a contract just above threshold carries more process requirements than one just below, but may also attract fewer bids from suppliers who focus only on national portals.

FAQ

What triggers the above-threshold regime if the actual contract value differs from the estimate?

The estimated value at procurement design stage governs the classification. If the estimate is made in good faith and the actual contract value turns out higher, the classification is not retroactively altered, though deliberately underestimating to avoid the directive is prohibited.

Are framework agreements assessed against the threshold as a whole or per call-off?

For the purpose of determining whether the threshold is crossed, the total estimated value of all call-offs expected under the framework-agreement over its lifetime is used, not the value of individual call-offs.

Do above-threshold rules apply to all contracting authorities?

The above-threshold regime applies to all contracting authorities as defined in the directives, including central government bodies, local authorities, and bodies governed by public law. Utilities entities follow the Utilities Directive with its own (higher) thresholds.