NACE 33 – Repair and Installation of Machinery | Public Tenders

Definition: NACE 33 covers the repair, maintenance and installation of machinery, industrial plant and equipment — including the upkeep of production machinery, wastewater treatment plant equipment, vehicles and specialised equipment. In the public sector, this division is mainly represented by maintenance contracts and framework agreements for upkeep services.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: April 2026

What does NACE 33 cover?

NACE 33 (Repair and installation of machinery and equipment) classifies service providers that maintain, repair and newly install machinery and plant — one of the core strategic divisions for the operational availability of public infrastructure.

Division 33 within Section C (Manufacturing) is broken down into two groups:

Group 33.1 also includes sub-classes for the repair of specific equipment categories (33.11 metal products, 33.12 machinery, 33.13 electronics, 33.14 electrical equipment, 33.15 ships, 33.16 aircraft, 33.17 other transport equipment, 33.19 other equipment). For contracting authorities, 33.12, 33.14 and 33.19 are particularly important.

Public Tenders: Scope of NACE 33

Maintenance and repair are permanent tasks of public operations — from the wastewater treatment plant to the municipal vehicle fleet. Framework agreements for upkeep services are the standard instrument.

Typical Contract Types

• Maintenance contracts for machinery in public operations: Preventive and corrective upkeep of production machinery in municipal waste management operations, recycling centres and public workshops
• Upkeep of wastewater treatment plants and waterworks: Maintenance and repair of pumps, blowers, agitators, aeration systems and control technology in wastewater and drinking water facilities
• Vehicle maintenance for municipal fleets: Inspection, repair and TÜV preparation for vehicles of works depots, fire services, municipal fleets and special-purpose vehicles
• Machine repair in municipal operations: Repair of street cleaning machines, winter service equipment, mobile work platforms and construction machinery in municipal ownership
• Installation of machinery in new build projects: Assembly and commissioning of wastewater treatment plant technology, conveyor technology, heating technology and process control technology in public new build projects
• General overhaul of special equipment: Complete refurbishment of lift bridges, lock installations, weirs and other water management infrastructure

Framework Agreements as a Central Instrument

NACE 33 services are preferentially procured in the public sector via framework agreements, because:

• Maintenance demand arises regularly but is difficult to predict in scope and timing
• Short response times are required in the event of incidents (service level agreements, SLAs)
• Long-term contractual relationships reduce onboarding costs

Typical terms: 2 years with an extension option to 4 years (classical procurement law); for utility contracting entities, longer terms are also possible.

Thresholds and Procedure Types

Upkeep services are service contracts within the meaning of procurement law. The EU threshold is EUR 221,000 (classical contracting authorities) or EUR 443,000 (utility contracting entities). For wastewater treatment plants and waterworks as utility activities, the utilities procurement regulation (SektVO) with its more flexible procedural rules applies.

Relevant CPV Codes for NACE 33

Current tenders with these CPV codes can be found on TED (Tenders Electronic Daily) and on national procurement platforms.

Who is NACE 33 relevant for in public procurement?

Public Contracting Authorities

Municipal wastewater associations and water suppliers are the highest-volume buyers of upkeep services from NACE 33 — the operation and upkeep of wastewater treatment plants alone generates substantial procurement demand. Municipal works depots and fleet operations tender vehicle maintenance and machine repair. Federal and regional authorities with their own technical assets (locks, weirs, bridges) award general overhauls and maintenance contracts for hydraulic and mechanical systems.

Companies and Bidders

Requirements for upkeep service providers in public procurement:

• Expertise and authorisation: Master's title or journeyman's certificates in the relevant trade, manufacturer certifications (e.g. as an authorised service partner for pumps, gears, controllers)
• Service level evidence: Demonstrable response times, spare parts stock, 24/7 availability for critical infrastructure
• Technical equipment: Own tools, measuring equipment, diagnostic systems, lifting platforms and specialist tools
• References: Comparable upkeep contracts in the last 3 years (type of installations, contract volume, term)
• Insurance cover: Business liability with sufficient cover, electronics liability for control technology

Frequently Asked Questions on NACE 33 and Public Tenders

Are maintenance contracts supply, works or service contracts?
Maintenance contracts without significant supply components are service contracts. Where spare parts of substantial value are also supplied as part of upkeep, the classification follows the main subject matter of the contract (service vs. supply contract). Pure replacement of components (e.g. pump replacement) may qualify as a supply contract.

Can upkeep services be awarded as a framework agreement with multiple bidders?
Yes — framework agreements with several economic operators (mini-competition) are common for upkeep services. This allows contracting authorities to choose among the framework partners when needed and preserves flexibility regarding contract content and response times.

What needs to be considered when procuring wastewater treatment plant upkeep?
Wastewater treatment plant operators are frequently utility contracting entities (water supply/wastewater). Utilities procurement law with more flexible procedural rules applies — among other things, the negotiated procedure without prior publication can be used under certain conditions. In addition, data protection and operational safety requirements when accessing facilities must be governed.

How are emergency repairs handled under procurement law?
Urgent upkeep in the event of unforeseeable plant failures can be awarded under the conditions of § 14 (4) No. 3 VgV (Germany) or § 42 (3) Z 4 BVergG 2018 (Austria) by negotiated procedure without prior publication — however, the urgency must not have arisen from the contracting authority's own neglect. Framework agreements with call-off options are the more legally secure approach.

NACE 33 in context: Section C and related divisions

• NACE C – Manufacturing: Parent section covering all manufacturing activities
• NACE 24 – Manufacture of basic metals: Metal semi-finished products and castings
• NACE 25 – Manufacture of fabricated metal products: Machine and plant components
• NACE 28 – Manufacture of machinery and equipment: Machinery and plant as new supply

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