Services in Public Procurement 2026

Definition: In procurement law, services are public contracts whose subject matter is the provision of a service that cannot be classified as either a supply contract or a works contract, and which is performed on the basis of a contract for pecuniary interest between the contracting authority and the contractor.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Article 2(1)(9), GWB § 103(4), BVergG 2018 § 9

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Concept and distinction

The concept of "service" is a catch-all in procurement law: contracts that cannot be classified as supply contracts (purchase of goods) or works contracts (execution of construction works) are service contracts. This follows from Article 2(1)(9) of Directive 2014/24/EU and § 103(4) GWB.

Typical service contracts in public procurement:

• IT services (software development, operation, support)
• Cleaning services
• Security and surveillance services
• Catering services
• Consultancy (legal, tax, management consultancy)
• Transport and logistics services
• Staffing and temporary work services
• Research and development services

Distinction from supply contracts

Where a contract covers both goods and related services (e.g. delivery and installation), classification is based on the main object of the contract. If the value of the goods predominates, the contract is a supply contract; if the service component predominates, it is a service contract. This is relevant for the procedural rules to be applied and the calculation of the contract value.

Distinction from works contracts

For contracts combining construction works and related services (e.g. design), the rules for works contracts apply where the construction works form the main object. Pure design services without construction works are classified as service contracts.

Special categories of services

The Procurement Directive distinguishes between "normal" services and social and other specific services (Annex XIV to Directive 2014/24/EU).

For social and other specific services (e.g. healthcare, education, cultural and social services), a simplified procurement regime applies from a threshold of EUR 750,000. These services often have particular quality requirements and close ties to local structures, which is why the legislator allows more flexible procedures.

CPV codes for services

Classification of services under the CPV system (Common Procurement Vocabulary) is essential for correct notice publication on TED. The CPV main groups for services include:

• CPV 50000000 – Repair and maintenance services
• CPV 60000000 – Transport services
• CPV 71000000 – Architectural, construction, engineering and inspection services
• CPV 72000000 – IT services
• CPV 79000000 – Business services: law, marketing, consulting, recruitment, printing and security
• CPV 90000000 – Sewage, refuse, cleaning and environmental services

Thresholds for service contracts

EU thresholds for service contracts (as at 2024/2025):

• Public contracting authorities: EUR 143,000 (net)
• Utilities (sector) contracting entities: EUR 443,000 (net)
• Social and specific services: EUR 750,000 (net)

FAQ

What applies where it is unclear whether a contract is a supply or service contract? The contracting authority must determine the economic main focus of the contract. In case of doubt it is advisable to apply the stricter rules (usually those for supply contracts) or to seek legal advice, since misclassification can render the award procedure challengeable.

Are there special rules for liberal-profession services (e.g. architects)? Yes. Services rendered by members of the liberal professions are in principle subject to the service rules of the VgV. For architects and engineers, the special provisions of §§ 73 et seq. VgV (competitive dialogue, design contest) are also relevant.

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Last updated: January 2026 All information provided without warranty. For legally binding advice please contact a law firm specialising in procurement law.