1. Five questions in order
Each narrows the options, and the order is part of the method. Swapping the steps gives the wrong answer.
| Order | Question | Why it sits here |
|---|---|---|
| 1 | When the procedure is or was launched | determines which rules apply |
| 2 | What the subject matter is: works, supplies or services | determines the row of thresholds |
| 3 | What the estimated value is excluding VAT, for the procurement as a whole | determines the basis of comparison |
| 4 | Which side of the thresholds it falls on | determines the field of procedure |
| 5 | Whether the authority is a classic or a utilities sector authority | thresholds differ |
Only then is the type of procedure chosen. The choice follows from the threshold.
2. Why the date comes first
Here is the situation characteristic of autumn 2026. Two sets of thresholds run in parallel.
Procurements launched before 1 September 2026 fall under the three tier system and the old thresholds. Those launched after that date fall under the two tier system and the new thresholds.
| Construction procurement €120,000 | Launched 25.08.2026 | Launched 05.09.2026 |
|---|---|---|
| Applicable threshold | public procurement threshold €150,000 not exceeded, simplified €60,000 is | simplified threshold €100,000 |
| Procedure | full procedure | simplified procedure |
| Tender deadline | 15 days | 25 days |
| Abnormally low tender check | does not apply, below €150,000 | does not apply, below €500,000 |
The same value therefore sits in two different procedures depending only on the launch date. Starting with the date is not a formality, it determines every subsequent answer.
This is the same pattern as in building permit procedures and energy performance requirements, covered in separate guides: the date of application or launch determines which version of the rules applies. The pattern recurs across construction law.
3. What to document
Four things must be on record. The basis and date of the estimated value calculation.
The reasoning for the choice of procedure, with a reference to the applicable threshold. The reference has to be written down.
Where the procurement is divided into lots, the reasoning for the division. That is the point most often challenged.
Which version of the law applies, where the procedure was launched near the transition. The launch date settles it.
The fourth is new and temporary, but it is exactly what will be asked in challenge proceedings in autumn 2026. Adding one sentence to a procurement preparation memorandum costs a minute; its absence costs hours in a dispute.
4. The most common errors
Four errors all lead to the wrong procedure. Each of them is avoidable.
| Error | Why it arises | Likelihood in autumn 2026 |
|---|---|---|
| Using the old threshold in September or later | habit | high |
| Using the term public procurement threshold after its abolition | the term has been in use for years | highest |
| Calculating value lot by lot where the lots form a whole | wrong definition of the whole | moderate |
| Calculating with VAT, although thresholds are net | inattention | moderate |
The second is the most likely in autumn 2026, because the term disappears at once and no new name replaces it. A document referring to the public procurement threshold in a procurement launched in September refers to something that does not exist.
5. What to do in a borderline case
Three steps. Calculate the value more carefully and document the basis.
Consider using the higher regime voluntarily where the line is very close. That reduces the risk of challenge.
Ask the Ministry of Finance where necessary, which advises in the field of public procurement. A written answer is worth having.
The third is underused, although the advisory service exists and is free. Borderline cases are precisely the ones that get challenged, and an official position obtained before the procedure is launched is the cheapest protection available.
In summary, and four practical rules
Determining the applicable regime runs through five questions, of which the first, the date the procedure is launched, determines all the rest in autumn 2026. The same €120,000 construction procurement is a full procedure with a 15 day deadline in August and a simplified procedure with a 25 day deadline in September.
Four rules: fix the launch date before anything else. Drop the term public procurement threshold where the procedure is launched in September or later. Document the basis of the calculation and the reasoning for the choice of procedure. Use the official advisory service in a borderline case rather than relying on assumption.
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.