NACE 74.9 – Other Professional, Scientific and Technical Activities n.e.c. | Public Tenders

Definition: NACE 74.9 is a residual group for other professional, scientific and technical activities not assigned to any other group within Division 74. It particularly covers expert witnesses and surveyors, mediators and facilitators, patent and utility model agents, and various specialised consulting services. In public procurement, this group is relevant for a broad spectrum of expert reports and advisory services.

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

What does NACE 74.9 cover?

NACE 74.9 (Other professional, scientific and technical activities n.e.c.) is a residual group within Section M covering a heterogeneous range of specialised expert activities — from independent expert witnessing to specialised technical consultancy without its own NACE group.

Group 74.9 belongs to Section M and Division 74. It includes, among other things:

Public contracting authorities in this area are courts (court-appointed experts), building authorities, environmental authorities, tax offices (valuation reports), public prosecutors and any authority requiring independent expert reports.

Public Tenders: NACE 74.9 in Practice

Expert witnesses and surveyors are procured by public bodies in nearly every field — they provide the independent expertise on which official decisions rest.

Typical types of contract

• Construction surveys and technical expertise: Independent assessment of structures, damage analyses, construction price reviews and technical acceptance by publicly appointed and sworn experts
• Property valuations: Market and fair value reports for plots and buildings, commissioned by tax authorities, valuation committees and municipal housing companies
• Environmental expert reports: Specialist assessments in the context of environmental impact assessments (EIA), species protection reports, noise reports and emission measurements
• Citizen participation and mediation: Professional facilitation of planning procedures, public meetings and conflict mediation in the public sphere
• Cost-benefit analyses and feasibility studies: Feasibility studies for infrastructure projects, value-for-money analyses under § 7 BHO and grant funding advice
• Forensic expert reports: Technical and expert testimony for court proceedings, arbitration reports and conciliation procedures

Thresholds and procedure types

Expert witness and surveyor services are awarded differently depending on contract value and complexity. Individual expert reports below the value thresholds are often awarded by direct award or negotiated procedure without prior call for competition where only a few specialised providers exist in the market. Framework agreements for recurring expert-witness needs, by contrast, are tendered under the open procedure or restricted procedure.

Relevant CPV Codes for NACE 74.9

The following CPV codes cover the broad spectrum of expert-witness and surveyor services in public procurement.

Current tenders with these CPV codes are published on TED (Tenders Electronic Daily) and on national procurement platforms.

Who is NACE 74.9 relevant to in procurement law?

Public Contracting Authorities

Buyers of expert and surveyor services are found in nearly every part of the public sector: courts and public prosecutors need court-appointed experts; building authorities and municipal property departments commission construction and property valuers; environmental authorities award EIA reports and conservation expert reports; tax authorities and valuation committees produce land value reports. In Germany, the regional upper valuation committees coordinate land valuation; in Austria, district courts are the central contracting bodies for court-appointed experts.

Companies and Bidders

Expert witnesses and surveyors wishing to participate in public tenders should consider the following:

• Public appointment and sworn status: In many subject areas, public appointment and sworn status by the competent chamber (IHK, Chamber of Crafts) or court is a prerequisite for public-sector contracts
• Specialist qualifications: Relevant university degree, demonstrated professional experience and regular continuing professional development in the expert-witness field
• Professional liability insurance: Sufficient professional indemnity insurance with minimum cover levels in line with tender requirements
• Independence and impartiality: Evidence of freedom from conflict of interest vis-à-vis the contracting authority and other parties
• Certifications: Personal certifications under ISO 17024 in relevant subject areas strengthen the competitive position

NACE 74.9 in Context: Section M and Division 74

NACE 74.9, as the residual group, closes off Division 74 and covers all specialised professional activities not expressly assigned to groups 74.1 to 74.3.

• NACE M – Professional, scientific and technical activities: Parent section
• NACE 74 – Other professional, scientific and technical activities: Parent division
• NACE 74.1 – Specialised design activities: Corporate design, graphic design
• NACE 74.2 – Photographic activities: Documentary and press photography
• NACE 74.3 – Translation and interpretation activities: Language services for public authorities
• NACE 75.0 – Veterinary activities: Veterinary services, animal disease control

Frequently Asked Questions on NACE 74.9 and Public Tenders

Which companies fall under NACE 74.9?
Freelance expert witnesses and surveyors without their own NACE group, specialised consultancies for technical and scientific niche fields, mediators and facilitators, and patent and licence brokers.

Do I need to be publicly appointed and sworn to participate in public tenders?
Not necessarily for all contracts. Public appointment is required by law in certain areas (e.g. court expert reports, official valuations). For other expert contracts, the relevant specialist qualifications and professional experience are sufficient.

How does NACE 74.9 differ from NACE 70.2 (management consultancy)?
NACE 70.2 covers general management consulting. NACE 74.9, by contrast, covers specialised, often expert-witness-type activities that relate to a specific technical, scientific or forensic field and typically presuppose an independent position.

Can small expert-witness practices participate in large framework agreements?
Yes, either as members of a bidding consortium or by relying on third-party capacity. Contracting authorities are obliged under § 97 (4) GWB to consider awarding contracts in specialised lots, which also makes access easier for smaller entities.

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