For large, complex projects, the question of which procedure is most suitable for awarding the public contract(s) concerned is generally not difficult to answer. If the specific conditions for its use are met, a procedure involving negotiations is normally chosen. In the classic sectors, this means the competitive procedure with negotiation or the competitive dialogue. In this article, BDO focuses on the award of contracts with a limited scope and therefore also a lower estimated value: which procedures are available, and which are most suitable?
The choice of procedure is of fundamental importance. It determines whether the contract must be published, whether the procedure is conducted in one or more phases, whether negotiations are possible, etc. Moreover, the choice is fixed: during the award process, the type of procedure can no longer be changed.
General overview of the various award procedures
A contracting authority cannot freely choose just any procedure. The law determines which procedures exist and when they may be used.
Main procedures under the Act of 17 June 2016 on public procurement (classic sectors):
- Open procedure — single-phase; quickest/simplest; no negotiations; standard for all contracts; ideal for "off-the-shelf".
- Restricted procedure — two-phase with prior selection; no negotiations; standard procedure.
- Competitive procedure with negotiation — two-phase; negotiations possible (in principle not on final tenders); conditions to be justified.
- Competitive dialogue — three-phase; most complex; conditions to be justified.
- Innovation partnership — for development/purchase of products/services/works not already available; conditions apply.
- Simplified negotiated procedure with prior publication — single-phase; negotiations possible; only below specific thresholds — to be justified.
- Negotiated procedure without prior publication — single-phase; no publication obligation; exhaustively listed cases — to be justified.
Specific award procedures suitable for "small" contracts
Contracts of limited value
- For contracts with an estimated value below EUR 30,000 (excluding VAT), a very flexible procedure may be conducted.
- The Public Procurement Act is largely not applicable; only the core provisions apply, in particular equal treatment.
- Where possible, the contracting authority must consult several economic operators; evidence of that consultation must be available.
- The contract may be concluded by accepted invoice.
The threshold was previously increased from EUR 8,500 to EUR 30,000. A further relaxation may be on the horizon: on 30 April 2026, the federal Council of Ministers approved a preliminary draft act that would, among other things, raise the threshold for contracts of limited value to EUR 75,000. The same draft also provides for direct award up to and including EUR 3,000.
Negotiated procedure without prior publication
In certain exceptional cases, a public contract does not have to be announced. One of the exhaustively listed cases concerns "small" contracts where the final contract amount (excluding VAT) is lower than:
- EUR 140,000;
- EUR 216,000 for certain categories of services (only for non-federal contracting authorities);
- EUR 100,000 for each lot of a contract whose estimated value does not reach the publication thresholds, provided the aggregate of these lots does not exceed 20% of the estimated value of the contract.
Selection criteria need not be provided for these small contracts when several operators are consulted, but mandatory exclusion grounds (including tax and social security debts) remain fully applicable. Negotiations on initial and subsequent tenders, including final tenders, are possible; award criteria may not be negotiated. Minimum requirements may even be negotiated for these small contracts unless excluded in the procurement documents.
Simplified negotiated procedure with prior publication
This procedure applies exclusively to Belgian contracts. It may be used, among other things:
- for supply and service contracts below the European publication threshold (currently EUR 216,000 excluding VAT, or EUR 140,000 for federal contracting authorities);
- for works contracts below EUR 750,000 excluding VAT.
There is no mandatory prior selection phase. Any interested economic operator may submit a tender immediately. Negotiations on initial and subsequent tenders (except final tenders) are possible; minimum requirements and award criteria may not be negotiated. Negotiations are not mandatory.
Social and other specific services
For services listed in Annex III to the Public Procurement Act, the contracting authority has a broad choice of procedures, including the simplified negotiated procedure with prior publication up to EUR 750,000, the negotiated procedure without prior publication under the applicable conditions, any other procedure in the Act (even without meeting its usual conditions, in which case the full rules apply), or a sui generis procedure with prior publication. Transparency, proportionality and equal treatment must always be respected, and award criteria must be established.
Conclusion
For small contracts, the Act offers more flexibility than is often thought. A heavy procedure is not always necessary. The key step is to choose the right procedure in advance, taking into account the amount, complexity and desired flexibility. Attention should also be paid to the possible increase of the limited-value threshold to EUR 75,000. BDO will continue to monitor this.
Authors:
- Erika Leenknecht, BDO Belgium
