Thresholds and legal regime

Contracts subject to harmonised rules are those to which special rules apply regarding publication and the choice of procedure, as the estimated value of the contracts reaches a certain threshold. They are contracts of Community relevance and must therefore be publicised in a particular manner throughout the European Union. 

Generally speaking, these are works contracts, works concessions and service concessions with an estimated value of EUR 5 404 000 or more, and supply or service contracts with an estimated value of EUR 140 000 or more.

There is also an administrative procedure, the simplified open procedure, to which specific legal rules apply. One of the requirements for application of that procedure is that it must involve works contracts with an estimated value of less than or equal to EUR 2 000 000, or supply and service contracts with an estimated value of less than EUR 140 000.

Different rules also apply to administrative contracts and private contracts. Administrative contracts are governed, as regards preparation, awarding, effects, amendment and termination, by the Law on Public Sector Contracts and its implementing provisions.

Private contracts, on the other hand, are governed, as regards preparation and awarding, in the absence of specific rules, by the Law on Public Sector Contracts in general, and by private law as regards their effects, amendment and termination.

Administrative contracts are contracts for works, works concessions, service concessions, supplies and services, provided that they are concluded by a public authority.

By contrast, private contracts are contracts concluded by public authorities with a different object from those specified above, contracts concluded by contracting authorities other than public authorities and contracts concluded by public sector entities other than contracting authorities.

In general, for reasons of scope, it is also possible to identify specific legal rules for works, supply and service contracts, as well as works concession and service concession contracts, in the water, energy, transport and postal services sectors. There is a specific law for this type of contract.

Contracts established in the specific field of defence and security are also subject to different legal rules, which are laid down in a specific law implementing the relevant Community directive.