Public procurement thresholds: publicity procedure
Verified 28 July 2023 - Legal and Administrative Information Directorate (Prime Minister)
Advertising published by a public body to inform potential candidates of the award of a public contract (also known as contract notice notice of advertisement tender notice
Public contracts are contracts concluded by a public purchaser to satisfy his needs in respect of works, supplies or services. They may be made with one or more professionals designated as ‘economic operator’ (craftsman, professional, etc.). Specific disclosure procedures and rules apply depending on the type of contract and its value.
What applies to you ?
Public works contract
These are works, building works and civil engineering (bridges, roads, ports, dams, urban infrastructure, etc.).
Advertising procedure
For contracts with a value of less than €40,000 HT, the public purchaser must choose a suitable offer and make good use of public funds. It must not always contract with the same supplier when there are several offers that can meet its needs.
The procedure for advertising and competitive tendering of the public works contract obligatory from €100,000 HT: titleContent. This threshold, which has gone from €90,000 to €100,000, shall apply until 31 December 2024 inclusive.
For contracts relating to innovative work less than €100,000HT: titleContent, the procedure shall be negotiated without prior publication or call for competition. Innovative work is carried out on technological innovations in products or processes or on organizational innovations linked to digitization. Advertising is therefore required from €100,000HT: titleContent.
For works contracts and concession contracts, the procedure shall vary according to the subject matter and the value of the contract:
- If the estimated contract value is less than 5,382,000 (European threshold for a formalized procedure), the purchaser may use an adapted procedure, the conditions of which he freely determines: adapted procedure contract (Mapa).
- Where the estimated value of the public contract is equal to or greater than 5,382,000, the contract was awarded on the basis of a formalized procedure.
The formalized procedure threshold of 5,382,000 shall apply to public works contracts of 1er January 2022 to December 31, 2023.
Lack of publicity
It is possible to award a public contract without advertising in any of the following situations:
- Existence of a first procedure that did not work (e.g. no application or offer was submitted within the prescribed time limit)
- Special urgency (need to urgently restore storm-stricken roads and paths)
- Subject matter of the contract
- Estimated contract value
- Unnecessary, impossible or contrary to the interests of the buyer or a reason in the public interest
Please note
To speed up the reconstruction and rehabilitation of buildings damaged or destroyed during the urban violence of summer 2023, it is temporarily possible to pass a negotiated contract without advertising, but with prior call for competition under the following conditions:
- The work is needed to rebuild or repair public facilities (roads, networks, bus shelters, sports or cultural facilities, etc.) and buildings (town halls, police stations, schools, media libraries, etc.) affected by damage during the violence between June 27 and July 5, 2023.
- Works contracts shall satisfy a need the estimated value of which is less than €1,500 000 excluding taxes.
- The amount of the lots is less than €1 000 000 excluding taxes, and the aggregate amount of such lots shall not exceed 20 % of the total estimated value of all lots.
- A consultation is initiated or a notice of advertisement is sent between the 28 July 2023 and 28 April 2024.
Since 1er January 2020, contracts with a value of at least €40,000 HT and for which an advertising notice has been published (JOUE, BOAMP, in a legal advertising medium, adapted advertising) are concerned by this obligation.
In order to ensure the widest possible competition, the purchaser shall make an advertisement under the conditions laid down by the rules, depending on the subject-matter of the contract, the estimated value of the need and the body concerned.
The passing of a threshold not only changes the procedure, but also the conditions of the publicity to be given to the contract notice.
A public procurement contract for innovative work whose estimated value is lower to €100,000duty-free shall not be subject to publicity. The innovative work relate to technological product or process innovations or organizational innovations linked to digitization.
Advertising when it is obligatory shall be carried out in different ways:
- Publishing to BOAMP: titleContent
- Published in a legal announcements support (SHAL)
- Publication in the Official Journal of the European Union (OJ)
The advertising medium used may make it possible to have an indication as to the amount of the buyer's need.
If this amount is less than €90,000 HT, the buyer publishes the contract notice on the medium of his choice (on his website or in a newspaper which does not have the status of a medium of legal announcements, for example). An offer of a higher value cannot be accepted.
The buyer can choose to publish it to the BOAMP, which is mandatory for Mapa greater than €90,000 HT.
There is a model opinion for public contracts the amount of which is between €90,000HT and formal procedural thresholds.
For formalized procedures, the contract notices shall be published in the OJ.
If the buyer so wishes, he may publish the contract notice to the BOAMP.
Amount excluding tax | Advertising Type |
|---|---|
< €40,000 | No mandatory advertising |
of €40,000 to €99,999.99 | Free or adapted advertising |
From €100,000 to €5,381,999.99 | Mandatory advertising at BOAMP or in a legal advertising medium |
From5,382,000 | Compulsory advertising at BOAMP and OJEU |
Any contract having a value of at least €40,000 HT: titleContent and for which an advertising notice has been published (JOUE, BOAMP, in a legal advertising medium, adapted advertising) must be placed electronically on the buyer's platform.
Please note
Until 31 December 2024 inclusive, the works contract, which meets a need for which the estimated value is less than €100,000 HT: titleContent, may be concluded without prior publication or call for competition. However, the aggregate amount of the lots must not exceed 20% the total estimated value of all lots.
Public contracts must be awarded in separate lots (provided that their purpose permits the identification of distinct services). The estimated value of all lots must be taken into account.
Some batches can be switched to the adapted procedure (or Mapa) even if the overall value exceeds the formalized procedure thresholds. The following 2 conditions must be met:
- The estimated value of each lot concerned shall be less than €1 million HT
- The cumulative amount of these small lots does not exceed 20% the total value of the contract.
Example :
A public works contract with a total value of €1,850,000 HT consists of the following batches:
- Lot 1: €1,500 000 HT
- Lot 2: €230,000 HT
- Lot 3: €120,000 HT
Batches 2 and 3 have a value less than €1 million HT. Their cumulative amount is €350,000 HT. It doesn't go beyond 20% the value of all the lots (1 850 000 x 20% = 370 000). They can therefore be put into the appropriate procedure.
The practice known as sausage, which consists in passing several small-value procedures one after the other in order to remain below the thresholds for formalized procedures, is prohibited.
Thresholds are not calculated procedure by procedure. The buyer estimates the amount of his need over the entire duration of the contract, including renewal periods.
For a public works contract, the contract value may take into account the overall value of the works relating to an operation (which may include one or more works). It may also take into account the value of the supplies and services necessary for their realization and made available to entrepreneurs by the buyer.
Public supply contract
It is the purchase or rental of equipment, furniture or products.
The procedure depends on value estimate of the contract and the function of the public body awarding the contract:
- If the estimated value of the contract is below the formal procedure thresholds, the purchaser may use an appropriate procedure, the conditions of which he freely determines: adapted procedure contract or Mapa.
- Beyond that, it must respect a formalized procedure.
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Public procurement contract with the State or a national public institution
Contract amount | Procedure |
|---|---|
< €40,000 | Free choice |
Enter €40,000 and 140,000 | |
140,000 |
Public contract with a local authority or a public health institution
Contract amount | Procedure |
|---|---|
<€40,000 | Free choice |
Enter €40,000 and 215,000 | |
215,000 |
Public procurement contract with a purchasing contracting entity operating as a network operator
They are mainly public bodies producing, transporting or distributing electricity, gas and water.
Contract amount | Procedure |
|---|---|
< €40,000 | Free choice |
Enter €40,000 and 431,000 | |
431,000 |
If the market is less than €40,000 HT, the buyer's only obligations are to choose a relevant offer and to make good use of public funds.
For contracts for innovative supplies with a value of less than €100,000HT: titleContent, the procedure shall be negotiated without prior publication or call for competition. Innovative supplies shall cover product or process technological innovations or organizational innovations linked to digitization.
The buyer must not systematically award a public contract to the same supplier when there are several offers that can meet his needs.
It is possible to award a public contract without advertising where this is justified by one of the following situations:
- Existence of a first procedure that did not work
- Special urgency
- Subject matter of the contract
- Estimated contract value
- Unnecessary, impossible or contrary to the interests of the buyer or a reason in the public interest
Since 1er January 2020, contracts with a value of at least €40,000 HT and for which an advertising notice has been published (JOUE, BOAMP, in a legal advertising medium, adapted advertising) are concerned by this obligation.
The public contract for innovative supplies whose estimated value is less than €100,000duty-free is not subject to publication. Innovative work shall cover product or process technological innovations or organizational innovations related to digitization.
The buyer shall make an advertisement under the conditions laid down by the regulations, depending on the subject of the contract, the estimated value of the need and the body concerned.
The passage of a threshold also determines the conditions of the advertising to be given to the contract notice.
Compulsory advertising may be carried out by various means: BOAMP: titleContent, legal notice medium or Official Journal of the European Union (OJEU).
The advertising medium used may make it possible to have an indication as to the amount of the buyer's need. If this amount is less than €90,000 HT, the purchaser publishes the contract notice in the medium of his choice (on his website or in a newspaper which does not have the status of a newspaper of legal announcements, for example). An offer of a higher value cannot be accepted.
But it can also choose to publish it in the BOAMP or in a medium authorized to receive legal announcements, which is mandatory for Mapa higher than €90,000 HT. There is a model opinion for public contracts the amount of which is between €90,000 HT: titleContent and formal procedure thresholds.
Search for media eligible to publish legal listings by department
For a formalized procedure, the contract notice shall be published in the Official Journal of the European Union (PLAY). If the buyer so wishes, he may publish the contract notice to the BOAMP.
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Contract awarded by the State and one of its establishments (Central Authority)
The central authority shall be the following main administrative authorities:
- President of the Republic
- Prime Minister
- Ministers and other collaborators
Amount Excl. | Advertising |
|---|---|
< €40,000 | Non-mandatory advertising |
From €40,000 to €89,999.99 | Free or adapted advertising |
From €90,000 to €139,999.99 | Mandatory advertising at BOAMP or in a legal advertising medium |
From 140,000 | Compulsory advertising at BOAMP and OJEU |
Contract awarded by a local authority, establishment, local group or other purchaser
Amount Excl. | Advertising |
|---|---|
< €40,000 | Non-mandatory advertising |
From €40,000 to €89,999.99 | Free or adapted advertising |
From €90,000 to €214,999.99 | Mandatory advertising at BOAMP or in a legal advertising medium |
From 215,000 | Compulsory advertising at BOAMP and OJEU |
FYI
any contract having a value of at least €40,000HT: titleContent and for which an advertisement notice has been published (JOUE, BOAMP, legal advertising medium, adapted advertising) must be placed electronically on the buyer's platform.
Public contracts must be awarded in separate lots, provided that their subject-matter permits the identification of separate services. The estimated value of all lots must be taken into account.
Some batches can be switched to the adapted procedure (or Mapa) even if the overall value exceeds the formalized procedure thresholds. The following 2 conditions must be met:
- The estimated value of each lot concerned shall be less than €80,000 HT for supplies and services
- The cumulative amount of these small lots does not exceed 20% the value of the contract.
Example :
A public service contract with a total value of €550,000 HT consists of the following batches:
- Lot 1: €500,000 HT
- Lot 2: €30,000 HT
- Lot 3: €20,000 HT
Batches 2 and 3 each have a value less than €80,000 HT. Their cumulative amount is €50,000 HT. It doesn't go beyond 20% the value of all the lots (550 000 x 20% = 110 000). They can therefore be put into the appropriate procedure.
The practice known as sausage, which consists in passing several small-value procedures one after the other in order to remain below the thresholds for formalized procedures, is prohibited.
Thresholds are not calculated procedure by procedure. The buyer estimates the amount of his need over the entire duration of the contract, including renewal periods.
For a supply contract this is the total value of the supplies considered as homogeneous which is taken into account. They must have a inherent characteristic (a pair of scissors is an office supply for administration and surgical equipment for a hospital).
Example :
A need for office supplies must be estimated by taking into account the cost of all supplies (without separating ballpoint pens and pencils, for example). Office supplies shall constitute a homogeneous category within the meaning of public contracts.
Public service contract
These may be physical services (such as the maintenance of premises for example) or intangible services (legal advice, IT project, in particular).
The procedure depends on value estimate of the contract and the function of the public body awarding the contract:
- If the estimated value of the contract is below the formal procedure thresholds, the purchaser may use an appropriate procedure, the conditions of which he freely determines: adapted procedure contract or Mapa.
- Beyond that, it must respect a formalized procedure.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Public procurement contract with the State and its public institutions
Contract amount | Procedure |
|---|---|
⩽ €40,000 | Free choice |
Enter €40,000 and 140,000 | |
140,000 |
Public contract with a local authority or a public health institution
Contract amount | Procedure |
|---|---|
⩽ €40,000 | Free choice |
Enter €40,000 and 215,000 | |
215,000 |
Public procurement contract with a purchasing contracting entity operating as a network operator
They are mainly public bodies producing, transporting or distributing electricity, gas and water.
Contract amount | Procedure |
|---|---|
⩽ €40,000 | Free choice |
Enter €40,000 and 431,000 | |
431,000 |
For contracts with a value of less than €40,000 HT, the buyer's only obligations are to choose a relevant offer and to make good use of public funds.
For contracts for innovative services with a value below €100,000HT: titleContent, the procedure shall be negotiated without prior publication or call for competition. Innovative services are product or process technological innovations or organizational innovations related to digitization.
The buyer must not systematically award a public contract to the same supplier when there are several offers that can meet his needs.
It is possible to award a public contract without advertising where this is justified by one of the following situations:
- Existence of a first procedure that did not work
- Special urgency
- Subject matter of the contract
- Estimated contract value
- Unnecessary, impossible or contrary to the interests of the buyer or a reason in the public interest
FYI
legal services for legal representation of a client by a lawyer and legal advisory services in connection with existing or future litigation are now procurement procedures. They may be concluded without prior publication or call for competition.
Since 2020, a contract greater than €40,000 HT for which an advertisement notice has been published (JOUE, BOAMP, legal advertising medium, adapted advertising) is covered by this obligation.
A public contract for innovative services with an estimated value of less than €100,000duty-free is not subject to publication. Innovative services are product or process technological innovations or organizational innovations related to digitization.
The buyer shall make an advertisement under the conditions laid down by the regulations, depending on the subject of the contract, the estimated value of the need and the body concerned.
The passing of a threshold not only changes the procedure, but also the conditions of the publicity to be given to the contract notice.
Compulsory advertising may be carried out by various means: BOAMP: titleContent, legal notice medium, or Official Journal of the European Union (OJEU).
The advertising medium used may make it possible to have an indication as to the amount of the buyer's need. If this amount is less than €90,000 HT, the purchaser publishes the contract notice in the medium of his choice (on his website or in a newspaper which does not have the status of a newspaper of legal announcements, for example). An offer of a higher value cannot be accepted.
But it can also choose to publish it in the BOAMP or in a medium authorized to receive legal announcements, which is mandatory for Mapa higher than €90,000 HT. There is a model opinion for public contracts the amount of which is between €90,000 HT: titleContent and formal procedure thresholds.
For formalized procedures, contract notices shall be published in the Official Journal of the European Union (PLAY). If the buyer so wishes, he may publish the contract notice to the BOAMP.
FYI
any contract having a value of at least €40,000HT: titleContent and for which an advertisement notice has been published (JOUE, BOAMP, legal advertising medium, adapted advertising) must be placed electronically on the buyer's platform.
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Service contract
Procurement by the State and its institutions (Central Authorities)
Amount Excl. | Advertising |
|---|---|
< to €40,000 | Non-mandatory advertising |
From €40,000 to €89,999.99 | Free or adapted advertising |
From €90,000 to €139,999.99 | Mandatory advertising at BOAMP or JAL |
From 140,000 | Compulsory advertising at BOAMP and OJEU |
Public procurement by a local authority, its establishments, groupings and other purchasers (except the State)
Amount Excl. | Advertising |
|---|---|
< to €40,000 | Non-mandatory advertising |
From €40,000 to €89,999.99 | Free or adapted advertising |
From €90,000 to €214,999.99 | Mandatory advertising at BOAMP or JAL |
From 215,000 | Compulsory advertising at BOAMP and OJEU |
Market for social and specific services
Amount Excl. | Advertising |
|---|---|
< to €40,000 | Non-mandatory advertising |
of €40,000 to €749,999.99 | Free or adapted advertising |
From €750,000 | Compulsory advertising in the OJEU |
FYI
any contract having a value of at least €40,000HT: titleContent and for which an advertisement has been published (JOUE, BOAMP, legal listing support, adapted advertising) must be placed electronically on the buyer's platform.
Public contracts must be awarded in separate lots (on condition that their subject-matter permits the identification of separate services). The estimated value of all lots must be taken into account.
Some batches can be switched to the adapted procedure (or Mapa) even if the overall value exceeds the formalized procedure thresholds. The following 2 conditions must be met:
- The estimated value of each lot concerned shall be less than €80,000 HT
- The cumulative amount of these small lots does not exceed 20% the total value of the contract.
The practice known as sausage, which consists in passing several small-value procedures one after the other in order to remain below the thresholds for formalized procedures, is prohibited.
Thresholds are not calculated procedure by procedure. The buyer estimates the amount of his need over the entire duration of the contract, including renewal periods.
For a service contract this is the total value of the services considered as homogeneous which is taken into account. They must constitute a functional unit, i.e. they serve the same purpose (all the services needed for the same project).
Contract awarded without advertising or calling for competition
Public contracts for innovative works, supplies or services
Adapted procedure
Formalized procedure
Contract notice and advertising according to the thresholds
List of special cases covered by the public order code
Arrangements for setting thresholds
Ministry of Economy
Ministry of Economy