NACE 35 – Electricity, Gas, Steam and Air Conditioning Supply | Public Tenders

Definition: NACE 35 covers the generation, transmission and distribution of electricity, gas and heating/cooling. This division is among the most important areas in European utilities procurement law and concerns public utility companies and state-controlled energy suppliers.

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

What does NACE 35 cover?

NACE 35 (Electricity, gas, steam and air conditioning supply) classifies companies that generate, transport and distribute energy to end consumers — a core area of utilities procurement law in the EU.

Public Tenders – Energy Supply

Contracts in the energy supply area predominantly fall under utilities procurement law (SektVO / §§ 100 et seq. GWB), as energy suppliers qualify as utility contracting entities. Typical contract types are:

• Construction and refurbishment of substations and switchgear
• Construction of wind farms and photovoltaic installations as part of municipal energy projects
• District heating pipeline expansion in cities and municipalities
• Procurement of electricity and gas supplies for public buildings (framework agreements)
• IT systems for grid control and SCADA systems
• Planning and engineering services for energy infrastructure projects

Relevant CPV Codes

Contracting Authorities

• Municipal public utilities (Stadtwerke München, Wien Energie, Wiener Netze)
• Regional grid operators (APG, Austrian Power Grid, 50Hertz, Amprion)
• Federal states and municipalities for energy projects in the public interest
• Federal authorities for the procurement of electricity and gas for properties
• Utility contracting entities under § 100 GWB / § 164 BVergG 2018

FAQ

Does general procurement law or utilities procurement law apply to energy suppliers? Companies that operate electricity, gas or heat grids or generate energy on the basis of special or exclusive rights are subject to utilities procurement law. This offers more procedural flexibility, including the negotiated procedure as the standard procedure.

Which thresholds apply in the energy supply area? For utility contracting entities, a uniform threshold of EUR 443,000 applies for supply and service contracts and EUR 5,538,000 for works contracts (as of 2024/2025). Below these values, procedures are governed by national procurement law.

• NACE D – Electricity, gas, steam and air conditioning supply: Parent section
• NACE 35.1 – Electric power generation, transmission and distribution: Power generation and distribution
• NACE 35.2 – Manufacture of gas; distribution of gaseous fuels through mains: Gas infrastructure and distribution
• NACE 35.3 – Steam and air conditioning supply: District heating and cooling installations

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