Supplies in Public Procurement 2026
Supplies in public procurement: definition, thresholds, distinction from service contracts and applicable procedural rules.
Definition: Supplies in the sense of public procurement law are public contracts for the purchase, leasing, rental, hire-purchase or instalment purchase of goods – with or without a purchase option – and are subject, from the relevant thresholds upwards, to the regulated tendering procedure under Directive 2014/24/EU.
Last updated: January 2026 · Legal basis: Art. 2 (1) no. 8 Directive 2014/24/EU, § 103 (2) GWB, § 4 (2) BVergG 2018
What are supplies?
Supplies – also called supply contracts – are the classic form of procurement of goods by public contracting authorities and cover all contracts for valuable consideration relating to the provision of physical goods. The procurement object may include both movable goods (vehicles, IT equipment, office materials) and energy (electricity, gas) or digital products (software licences).
Distinction from other contract types
Classification as a supply contract depends on the distinction from service contracts and mixed contracts.
| Feature | Supply contract | Service contract |
|---|---|---|
| Main object | Goods / chattels | Performance of an activity |
| Transfer of title | Typically yes (or right of use) | No |
| Examples | IT hardware, vehicles, furniture | Maintenance, IT support, consultancy |
For mixed contracts (e.g. delivery of a plant including maintenance contract), the main subject matter is decisive: if the value of the supply share exceeds the service share, the entire procurement procedure counts as a supply contract.
Typical supplies in public procurement
Public contracting authorities procure a wide range of categories of goods in enormous quantities as supplies.
Common procurement objects:
- IT and electronics: Computers, servers, mobile phones, network equipment
- Vehicles: Cars, trucks, emergency vehicles, electric vehicles
- Office equipment: Furniture, printers, copiers
- Medical technology: Medical devices, protective equipment
- Energy: Electricity, gas, district heating
- Food and catering ingredients: For canteens, schools, hospitals
- Pharmaceuticals: For public health institutions
Thresholds for supplies
The EU threshold for supplies is EUR 221,000 (net) for most public contracting authorities, with a lower threshold of EUR 143,000 for supreme and higher federal authorities in Germany.
Below the EU thresholds, national procurement rules apply:
- Germany: UVgO (Sub-threshold Procurement Ordinance)
- Austria: BVergG 2018 (below-threshold range)
Framework agreements for supplies
For regularly recurring supply requirements, framework agreements provide an efficient form of procurement that avoids time-consuming individual tenders.
Framework agreements for supplies enable:
- Call-offs as needed without re-tendering (within the framework conditions)
- Quantity rebates through bundled requirements
- Standardisation of product specifications
- A maximum term of four years (Art. 33 Directive 2014/24/EU)
FAQ
Are software licences supplies? Yes. Standard software licences are classified as supplies under procurement law. The development of bespoke software, by contrast, is a service.
Does the supply threshold apply to each individual order or to the total volume? To the total volume of all similar procurements in the financial year or over the intended duration of a framework agreement. Artificial splitting to circumvent thresholds (salami tactics) is impermissible.
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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