Contract Volume in Public Procurement Law 2026
Contract volume: total value of a public contract as the basis for choosing the procurement procedure and applying EU thresholds.
Definition: The contract volume is the estimated or actual total value of a public contract, which is decisive for the choice of the procurement procedure, the applicability of the EU thresholds and the contracting authority's publication obligations.
Last updated: January 2026 · Legal status: Directive 2014/24/EU Art. 5, BVergG 2018 §§ 14–18, GWB § 3 VgV
What is the contract volume?
The contract volume – also called contract value or estimated value – is the financial reference figure by which the public contracting authority determines the applicable procurement regime. It includes all payments that the contracting authority is expected to make over the entire duration of the contract, including options, renewal possibilities and any prizes for competition participants.
The subject matter of the contract must not be divided with the aim of artificially pushing the contract value below the thresholds. Such circumvention of procurement law through inadmissible lot division is prohibited and may render the contract void.
Calculation of the Contract Volume
When calculating the contract volume, all components of remuneration accruing to the contracting authority under the contract must be included.
For framework agreements and dynamic purchasing systems, the estimated total value of all individual contracts likely to be awarded during the term is decisive. For contracts of indefinite duration, the monthly contract value is multiplied by 48 (4-year rule).
The estimate must take into account:
- Basic services (base period)
- Optional extensions and options
- Prizes and ancillary services
- VAT is not to be included in the estimate (net amount)
Thresholds 2024/2026
The contract volume determines whether the strict EU procurement rules or the simpler national rules apply.
| Contract Type | Contracting Authorities | Sector Contracting Entities |
|---|---|---|
| Supply contracts | EUR 143,000 | EUR 443,000 |
| Service contracts | EUR 143,000 | EUR 443,000 |
| Works contracts | EUR 5,538,000 | EUR 5,538,000 |
The EU thresholds are adjusted every two years; the next review will take place on 1 January 2026.
FAQ
What happens if the contracting authority estimates the contract volume incorrectly? An estimate that is too low may lead to the application of the wrong procedure. If the estimate was made carefully and in good faith, the legal consequences are limited. A deliberate underestimation to circumvent thresholds is unlawful under procurement law.
Must the contract volume be stated in the procurement documents? The estimated contract value must be stated in the contract notice (eForms mandatory field). In practice, it is also often stated in the procurement documents.
Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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