NACE 46.1 – Wholesale on a Fee or Contract Basis | Public Tenders

Definition: NACE 46.1 covers the activity of commercial agents, brokers and agencies that arrange purchase and sale contracts for goods on behalf of third parties without taking ownership of the goods themselves. This group is particularly relevant in public procurement in the structuring of framework agreements and central procurement.

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

What does NACE 46.1 cover?

NACE 46.1 (Wholesale on a fee or contract basis) classifies companies that, as intermediaries, brokers or agents, arrange commercial transactions on their own or third-party account — an activity that plays a role in the public sector primarily in central procurement and purchasing cooperations.

Group 46.1 is part of Division 46 (Wholesale trade, except of motor vehicles) within Section G (Wholesale and retail trade; repair of motor vehicles). It is divided into the following classes:

Public contracting authorities use commercial agency structures primarily within central procurement bodies (e.g. BBB, Federal Procurement Agency) or cooperative purchasing groups of municipal facilities.

Public Tenders: Scope of NACE 46.1

Commercial agents rarely appear as direct bidders in public procurement — more frequently they play a role as subcontractors, supply chain partners or call-off service providers under framework agreements of public procurement centres.

Typical contract types

• Procurement services: External service providers that bundle and coordinate procurement processes for public bodies
• Brokerage of office equipment: Agencies that source office furniture, office equipment and consumables for authorities
• Energy and raw material brokers: Brokerage of electricity, gas and heat allocations for municipal properties
• Textile and clothing procurement: Brokerage of workwear and personal protective equipment for authorities, fire brigades, security services
• Food brokerage: Bundling of food deliveries for canteens, refectories and care facilities in public ownership
• Framework agreement call-offs: Operational order processing on behalf of public contracting authorities under existing framework agreements

Thresholds and procedure types

Service contracts with commercial agents are usually classified as service contracts or supply contracts. The EU threshold for supply and service contracts is EUR 221,000 (for top federal authorities: EUR 143,000, as of 2024/2025). Sub-threshold brokerage contracts are frequently awarded as direct awards or in a simplified procedure.

Relevant CPV codes for NACE 46.1

Since commercial agents primarily act as service providers, the assigned CPV codes are more broadly distributed than for product-specific suppliers.

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

Who is NACE 46.1 relevant for in public procurement?

Public contracting authorities

Central procurement bodies such as the Federal Procurement Agency (BBB) in Austria or the Procurement Office of the Federal Ministry of the Interior (BeschA) in Germany bundle requirements and themselves act as a kind of institutionalised commercial agent. Municipal purchasing groups, higher education institutions, clinics and social facilities in public ownership are typical contracting authorities that demand commercial agency services.

Companies and bidders

Commercial agents wishing to participate in public tenders typically must provide the following evidence:

• Trade authorisation: Evidence as a commercial agent (commercial register)
• Technical capacity: References for comparable brokerage or procurement services
• Economic and financial capacity: Turnover evidence, liability insurance, credit report
• Transparency evidence: For brokerage in the public sector, where applicable, information on supply chains and conflicts of interest

Sales agents acting only on behalf of a single contracting authority do not fall under NACE 46.1 but are classified under the section of the contracting authority.

NACE 46.1 in context: Section G and Division 46

NACE 46.1 is part of Division 46 (Wholesale trade) within the trade sector — an area that appears in public procurement primarily as a supplier but increasingly also as a service provider.

• NACE G – Trade: Parent section covering all trade activities
• NACE 46 – Wholesale trade: Division covering all wholesale activities
• NACE 46.2 – Wholesale of agricultural raw materials: Cereals, animals, raw materials
• NACE 46.3 – Wholesale of food, beverages and tobacco: Food, beverages, tobacco
• NACE 46.4 – Wholesale of household goods: Office supplies, cleaning, household

Frequently asked questions on NACE 46.1 and public tenders

Can commercial agents participate directly in public tenders?
Yes. Commercial agents can act both as main bidders and as subcontractors. The decisive factor is that they can provide the required suitability evidence and contractually deliver the tendered service.

What distinguishes a commercial agent from a wholesaler in procurement law?
Commercial agents (NACE 46.1) do not take ownership of the goods but act on third-party account. Wholesalers (NACE 46.2–46.9) buy and sell goods on their own account. In procurement law, this distinction is relevant for suitability and liability.

How do I find tenders relevant for commercial agents?
In addition to TED, national platforms such as AUSSCHREIBUNGEN.AT, simap.ch or DTVP in Germany are suitable. A CPV search for the main subject of the brokered goods produces the most relevant results.

Must commercial agents have NACE 46.1 statistically reported?
NACE classification is a statistical classification and not a procurement prerequisite. The decisive factors for participating in tenders are trade authorisation and demonstrated capacity.

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