Architectural and Engineering Services in Public Procurement Law 2026

Definition: Architectural and engineering services are independent professional planning and supervision services in construction that public contracting authorities must procure separately under the rules of procurement law for service contracts, with the intellectual and creative nature of the service justifying special procedural rules.

Last updated: January 2026 · Legal status: Directive 2014/24/EU Annex XIV, § 73 VgV, HOAI 2021, BVergG 2018

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What are architectural and engineering services in public procurement law?

Architectural and engineering services (in short: A+E services) occupy a special position in procurement law because they contain intellectual and creative elements that make purely price-based evaluation inappropriate. They include in particular building planning, structural engineering, technical building services (heating, ventilation, sanitation, electrical), landscape planning, and specialist services such as building physics or fire protection. Engineering services in the infrastructure sector (road, tunnel and bridge construction) also fall under this category.

These services are subject to procurement law as service contracts, with the German VgV (§§ 73 ff.) and the Austrian BVergG 2018 providing specific rules.

Procedural Specifics

Owing to their intellectual nature, A+E services are particularly well suited to the restricted procedure with a prior call for participation or to the competitive dialogue. In practice, the following types of procedure are applied:

• Open procedure: For standardised planning services with a clear specification
• Restricted procedure: For more complex planning tasks; pre-selection based on suitability evidence
• Negotiated procedure: For particular complexity or where an exact specification is not possible in advance
• Design contest: A specialist procedure for urban planning, architectural or design services (§§ 69 ff. VgV)

Fee Schedule (HOAI)

In Germany, the Fee Schedule for Architects and Engineers (HOAI) governs the remuneration framework for planning services; however, since the CJEU judgment of 4 July 2019 (Case C-377/17), it is no longer applicable as mandatory price law. The minimum and maximum rates of the HOAI may be undercut or exceeded by the contracting parties, which has significant implications for bid evaluation. The contracting authority must now carefully consider how to handle the fee in the tender and in the evaluation.

In Austria, there is no comparable mandatory fee schedule; remuneration is governed by market conditions and the agreed scope of services.

Suitability Requirements

For A+E services, specific suitability requirements may be imposed that reflect the particular qualifications of the service providers. These include:

• Professional authorisation as an architect/engineer (chamber membership)
• Reference projects with comparable planning tasks
• Evidence of key personnel with specific qualifications
• Professional liability insurance in sufficient amount

Evaluation Criteria

For A+E services, qualitative criteria such as approach, project organisation and team qualifications often play a more significant role than price alone. Typical evaluation criteria are:

• Fee offer (price)
• Quality of the project team / references of key personnel
• Methodological concept / project approach
• Availability and capacity

FAQ

Above what contract value does the EU-wide tender obligation apply to A+E services? For service contracts of public contracting authorities, the threshold is EUR 143,000 (as of 2024/2025). Below this value, national rules apply.

Is a design contest mandatory? No, a design contest is an option but not an obligation. It is particularly suitable for tasks with high design demands.

Can A+E services be procured together with construction (general contractor model)? Yes, in the general contractor or total contractor model, planning and construction are procured jointly. This has advantages and disadvantages and must be evaluated separately.

Which HOAI service phases are relevant under procurement law? In principle all nine service phases, from basic evaluation to operational support. In practice, only parts of the service phases are often tendered.

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