Ancillary Purchasing Activity in Public Procurement 2026

Definition: Ancillary purchasing activity refers to supporting procurement services that a public contracting authority provides for other public contracting authorities without acting as a central purchasing body — in particular, the occasional aggregation of demand or the provision of procurement infrastructure.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 2(16), GWB § 120, VgV § 2

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What is ancillary purchasing activity?

Ancillary purchasing activity is a concept of European procurement law describing procurement-support services that do not meet the criteria of a central purchasing body but nevertheless benefit other public contracting authorities. The concept originates from Art. 2(16) of Directive 2014/24/EU, which distinguishes between centralised purchasing activity and ancillary purchasing activity.

While a central purchasing body (Directive 2014/24/EU Art. 2(16)(a)) procures contracts permanently and institutionally for other contracting authorities or concludes framework agreements, ancillary purchasing activity (Art. 2(16)(b)) covers more supporting, infrastructural services.

Distinction from central purchasing bodies

The distinction between ancillary purchasing activity and a central purchasing body is significant for procurement-law classification, since central purchasing bodies must meet specific requirements.

Feature	Central purchasing body	Ancillary purchasing activity
Function	Permanent, institutional	Occasional, supporting
Award handling	For other contracting authorities	Infrastructure, advice
Legal classification	Purchasing body within the meaning of VgV	Service provider

Typical ancillary purchasing activities include:

• Operation and maintenance of e-procurement platforms and tendering systems
• Provision of templates and model procurement documents
• Advising other contracting authorities on the conduct of award procedures
• Training and continuing education in procurement law

Procurement-law classification

Ancillary purchasing activity may itself give rise to public contracts where a public contracting authority obtains such services from third parties. In that case the procurement of the support services is subject to procurement law. The procurement of e-procurement platform services or consultancy services for the conduct of award procedures is therefore itself subject to a tender obligation where the thresholds are exceeded.

FAQ

Is ancillary purchasing activity subject to procurement law? The provision of ancillary purchasing services by one public contracting authority for others may qualify as an in-house award or as a public service contract. The procurement of ancillary purchasing services from private parties is subject to ordinary procurement law.

Where is the concept defined in law? In Art. 2(16)(b) of Directive 2014/24/EU and in § 2(5) VgV.

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Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialising in public procurement.