1. The thresholds in force
The formal procedure thresholds are revised every two years by the European Commission. The figures below apply to works contracts from 1 January 2026, under the notice published in the official journal on 13 January 2026 and the decree of 29 December 2025 on the exemption thresholds. They remain in force until 31 December 2027.
| Band | Threshold | Applicable procedure | Advertising | Minimum response period | Splitting into packages |
|---|---|---|---|---|---|
| Direct award | Under 100 000 € | No formal procedure, free choice | None | Free | Not compulsory |
| Simple adapted procedure | 100 000 € – 216 000 € | The adapted procedure | Free, at minimum on the buyer's platform | Adapted to the complexity, at least 5 days | Recommended |
| Reinforced adapted procedure | 216 000 € – 5 404 000 € | The adapted procedure with more formality, criteria published | The official bulletin or a legal gazette, plus the platform | 21 days recommended as a minimum | Compulsory unless justified |
| Open tender | 5 404 000 € and above | The formal procedure | The European journal, the official bulletin and the platform | 35 days, 25 with prior notice | Compulsory unless justified |
| Negotiated procedure | 5 404 000 € and above | Negotiated with publication, in limited cases: complexity, urgency, innovation | As for an open tender | 30 days from the notice | Compulsory unless justified |
| Competitive dialogue | 5 404 000 € and above | Very specific cases where the need cannot be defined in advance | As for an open tender | 30 days | According to the brief |
ℹ The 5 404 000 € threshold: the economist's main reference point Above 5 404 000 €, the contract must go through an open tender with publication in the European journal. Below it, the adapted procedure applies, with more flexibility on periods and on how the contract is advertised. That threshold matters to the economist because it governs the documents required, the response periods, and the abnormally low tender procedure. Today the great majority of public building refurbishment contracts, schools, sports halls, town halls, go through the reinforced adapted procedure between 216 k€ and 5,4 M€. Only the large projects, hospitals, stadiums, major school buildings, cross the open tender threshold.
2. The adapted procedure: the rules that still bind
The adapted procedure is the ordinary route for works contracts below the European threshold. Its flexibility is relative: it remains subject to the fundamental principles of open access, equal treatment and transparency, and to minimum obligations the buyer cannot ignore.
The minimum obligations
Proportionate advertising: between 100 000 € and 216 000 €, publication on the buyer's platform is enough. Between 216 000 € and 5 404 000 €, publication in the official bulletin or a legal gazette is advisable, and buyers often require it to make the procedure safe.
Published selection criteria: the criteria and their weighting have to appear in the tender instructions, even under the adapted procedure. An adapted procedure with no published criteria is unlawful.
Splitting into packages: compulsory above the exemption threshold unless the buyer justifies otherwise in writing, with the justification held on the procurement file.
The standstill period: 11 days between notifying the successful contractor and starting work, where other candidates tendered, so that challenges remain possible. It is not compulsory for an adapted procedure below 216 000 €, but some buyers apply it as a precaution.
What the economist can and cannot do
Under the adapted procedure the buyer may negotiate with the candidates, which is prohibited in an open tender. That negotiation can cover the programme, technical alternatives and, within limits, price. The economist can support the buyer in it, preparing the arguments from the tender analysis and identifying where a saving is possible without degrading quality.
3. The standard timetable
| Phase | Indicative duration | What the economist does | Milestone |
|---|---|---|---|
| Decision to go out to tender | Day 0 | Check the estimate and its consistency with the procedural threshold | The budget approved by the buyer |
| Drafting the package | Day 0 to 25 | Produce the technical documents and the financial ones | A complete, coherent package, approved |
| Publishing the notice | Day 25 | Post on the platform, and in the official bulletin above 216 k€ | The notice published, the response period open |
| Tender period | Day 25 to 50 | Answer candidates' questions through the platform, up to six days before the deadline | Tenders returned |
| Tender assessment | Day 50 to 65 | Check the administrative documents, analyse technically and financially, handle any abnormally low tender, write the report | The report approved by the buyer |
| Notification | Day 65 to 75 | Issue the signed form of tender and the reasoned letters to unsuccessful candidates | The contract notified, with an 11-day standstill above 216 k€ |
| Instruction to commence | Day 75 to 80 | Check the contractor's insurance, update the prices if more than three months have passed, issue the instruction | The instruction issued, the contract period starts |
| TOTAL | Around 80 working days | The legal minimum for a well-prepared simple adapted procedure is 40 working days |
Eighty working days is a realistic estimate for a well-prepared adapted procedure. In practice the commonest delays occur while drafting the package, where an incomplete or incoherent package has to be reworked before publication, and at assessment, where the report waits to be approved by the buyer. The economist has to anticipate both in the overall programme.
4. The open tender: what changes for the economist
Above 5 404 000 € the open tender applies. The procedure is more rigorous than the adapted one on several points that concern the economist directly.
Response periods: at least 35 days from the notice being sent to the European journal, reduced to 25 in justified urgency or where a prior information notice was published. The period cannot be compressed; an unjustified reduction annuls the procedure.
The candidate's declaration: the European single procurement document is required. The economist should make sure the instructions state the levels of financial and technical capacity expected.
No negotiation: in an open tender the buyer cannot negotiate. The assessment is final, and the award is made on the published criteria and the tenders as returned. The economist has to produce an impeccable report, since any error can be the subject of a challenge.
The abnormally low tender procedure is compulsory: where a tender appears abnormally low against the estimate or the other tenders, the buyer must ask for written justification before rejecting it.
5. The selection criteria: weighting and sub-criteria
| Criterion | Services package | Ordinary package | Simple package | The rule |
|---|---|---|---|---|
| Price | 40 % | 50 % | 60 % | No ceiling, but price alone is insufficient in an open tender |
| Technical merit | 40 % | 35 % | 25 % | Must be broken into sub-criteria in the instructions |
| Programme | 10 % | 10 % | 10 % | Weight it where time matters, otherwise remove it |
| Environmental performance | 10 % | 5 % | 5 % | At least one environmental criterion is compulsory above the European thresholds |
| TOTAL | 100 % | 100 % | 100 % | The weighting is published before tenders are returned and cannot be changed |
The weighting has to be fixed and published in the instructions before tenders are returned, and cannot be changed afterwards. A buyer who changes the weighting after receiving the tenders commits a procedural irregularity capable of annulling the contract.
ℹ Breaking technical merit into sub-criteria The technical merit criterion has to be broken into sub-criteria in the instructions to be capable of objective assessment. Common sub-criteria are the technical submission covering method, staff and plant; references on comparable work, typically three in five years; and a detailed programme. Technical merit with no sub-criteria can only be assessed subjectively, which exposes the buyer to a challenge for want of transparency. Breaking it into weighted sub-criteria is the best procedural protection there is. The economist usually handles the financial assessment and the architect the technical one; the two are independent and are brought together in the tender report.
In summary
Since 1 January 2026 the thresholds are: direct award below 100 k€, adapted procedure from 100 k€ to 5,40 M€, open tender at 5,40 M€ and above. The adapted procedure still requires proportionate advertising, criteria published in the instructions, splitting into packages unless justified, and a standstill period as good practice. A standard timetable runs to around 80 working days from decision to the instruction to commence. Negotiation is possible under the adapted procedure and prohibited in an open tender, which also imposes a 35-day period, the candidate's declaration and the compulsory abnormally low tender procedure. The weighting runs at 40 to 60 % on price, 25 to 40 % on technical merit, 10 % on programme and at least 5 % on environment; it is published in the instructions and cannot be changed once tenders are in. Technical merit has to be broken into weighted sub-criteria to be assessable objectively.
The nature of the figures quoted
The percentages and amounts quoted on this page are orders of magnitude for framing, not measurements. They illustrate mechanisms and proportions, and they substitute neither for a tender exercise nor for an estimate prepared on drawings.
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Sources: the BT construction cost indices published monthly by INSEE on its 2010 base, used to update the figures · construction cost statistics from SDES, the statistical service of the ministry responsible for construction · regulatory texts published in the Journal officiel and consolidated on Légifrance for the requirements cited.