1. When the check is mandatory
The rules change on 1 September 2026.
| Period | Check mandatory for construction works | How the threshold is worded |
|---|---|---|
| Until 31.08.2026 | from €150,000 | reference to the public procurement threshold |
| From 01.09.2026 | from €500,000 | a specific monetary value |
Under the current rules, for construction procurements and construction concession contracts whose estimated value equals or exceeds the public procurement threshold, an abnormally low tender check must be carried out. For construction works the public procurement threshold has been €150,000.
According to professional sources, from September the reference to the public procurement threshold disappears from the law, which is logical since that threshold itself is abolished, and it is replaced by a specific monetary value of €500,000. The duty to check is tied to the new line.
2. What it changes in practice
Three consequences. In medium sized construction procurements the check is no longer mandatory.
The same change affects obligations relating to subcontractors, which were tied to the same threshold. They move to the same line.
The rules for large procurements do not change, since those exceed the new threshold in any case. The check stays mandatory there.
The practical effect is greatest in the band from €150,000 to €500,000, where the check was mandatory and no longer is. This is a very ordinary range in construction: façade works, roof reconstruction, renovation of a single apartment building, a smaller school building. The change therefore affects many procurements.
3. What the check involves
Three steps, where a check is carried out. The authority identifies a tender whose value appears abnormally low.
The authority requires the tenderer to explain how the price was arrived at.
The authority assesses the explanation and decides whether to reject the tender.
A check does not mean automatic rejection. A low price may be justified, for instance by more efficient organisation, a better supply chain, or plant already on site. Rejection is justified where the explanation does not convince, and that decision must be reasoned.
4. Why a low tender is not a win for the authority
Four reasons, which hold even where the check is not mandatory. They concern the risk to performance.
A tender that is too low may mean the tenderer has not accounted for all the work.
The missing work surfaces during construction as a variation, whose price is no longer subject to competition. Competition took place between tenders; a variation is priced bilaterally.
A contractor in financial difficulty may abandon the work, which is the most expensive outcome of all for the authority: an unfinished site, a new procurement, and a second contractor unwilling to take responsibility for another's work. Finding a replacement takes months.
The likelihood of disputes rises, because the contractor looks for cover elsewhere. Claims then arrive as variations.
The third reason is a real risk in construction, and no procedural simplification covers it. The disappearance of the duty to check therefore does not change the risk, only the duty to look for it. That is the core of this article: the legislator has given the authority a choice, not a protection.
5. What an authority should do anyway
Three recommendations where the check is not mandatory. They cost little and prevent much.
Look at the spread of tenders. A single tender substantially below the others deserves attention, even at €300,000.
Ask for an explanation voluntarily where the spread is wide. A written answer settles the question.
Provide for the possibility of a check in the procurement documents where the procurement is complex or long. The option must be stated in advance.
The third is preventive: a possibility set out in the procurement documents gives the authority a basis to ask later. Without it, asking may look arbitrary and become a ground for challenge in itself. Writing the possibility down costs one sentence; its absence can cost the procurement.
In summary, and four practical rules
The threshold above which the abnormally low tender check is mandatory rises for construction works on 1 September 2026 from €150,000 to €500,000, and the reference to the public procurement threshold is replaced by a specific sum. The effect is greatest in the band from €150,000 to €500,000, which is very ordinary in construction. A check does not mean automatic rejection, and a low price may be justified.
Four rules: check which threshold applies, depending on the date the procedure was launched. Do not read the disappearance of the duty as the disappearance of the risk. Look at the spread of tenders even where the check is not mandatory. Provide for the possibility of a check in the procurement documents for a more complex procurement.
This article serves professional orientation at the date of checking. It does not replace the Public Procurement Act or information published by the Ministry of Finance.