NACE 85.3 – Higher Education / Universities | Public Tenders

Definition: NACE 85.3 covers higher education, i.e. universities, universities of applied sciences, academies and comparable higher-education institutions (ISCED levels 5–8). In public procurement, this group is particularly relevant for research infrastructure, university construction, scientific equipment and IT systems.

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

What does NACE 85.3 cover?

NACE 85.3 (Higher education) classifies universities and higher-education institutions — institutions that, as contracting authorities with their own procurement budgets, count among the largest and most complex procurers in Germany and Austria.

Group 85.3 belongs to Section P (Education) and Division 85. It includes:

Contracting authorities under NACE 85.3 are state universities and universities of applied sciences, which as public-law corporations (Germany) or public-law institutions (Austria) are themselves contracting authorities within the meaning of the GWB or BVergG. They award contracts financed from state budget funds, third-party funds (DFG, FWF, EU Horizon) and tuition fees.

Public Tenders: Activity area NACE 85.3

Universities are among the highest-volume contracting authorities: large-scale research equipment, campus construction and IT framework agreements regularly exceed European tender thresholds.

Typical types of contract

• University construction and campus development: New build and refurbishment of teaching buildings, research buildings, libraries, laboratory complexes, computing centres and student residences
• Research infrastructure and large-scale scientific equipment: Electron microscopes, MRI systems for research, mass spectrometers, high-performance computers (HPC clusters), cleanroom facilities
• Laboratory and equipment fit-out: Standard laboratory equipment, chemicals, consumables, laboratory information systems (LIMS)
• Campus IT and computing centre: University computing centres, network infrastructure, campus licence agreements (Microsoft, Adobe), learning management systems (Moodle, ILIAS)
• Library services: Database licensing (e.g. Elsevier, Springer), library systems, document delivery services
• Facility management: Building management, cleaning, security services, energy management for campus buildings
• Catering and hospitality: University canteens (Studentenwerke as separate contracting authorities), event catering

Thresholds and procurement procedures

Universities as central contracting authorities are subject to the EU threshold of EUR 143,000 for supply and service contracts. Large-scale research equipment and campus new-build projects almost always exceed the EU threshold and are awarded via the open procedure or the negotiated procedure with prior competition. Special rules for research and development (Article 14 of Directive 2014/24/EU) must be observed.

Relevant CPV codes for NACE 85.3

Different CPV codes are relevant for tender searches in the higher-education sector depending on the procurement subject.

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

Who is NACE 85.3 relevant to under procurement law?

Public contracting authorities

State universities and universities of applied sciences are subject to procurement obligations as independent legal entities under public law. In Germany, many higher-education institutions purchase via procurement consortia such as the Hochschulbeschaffungsgemeinschaft or central state procurement bodies (e.g. Kaufhaus des Bundes for federal universities). Studentenwerke are independent contracting authorities for canteen operations, halls of residence and childcare. In Austria, universities operate largely autonomously under the University Act 2002 — with their own budgets and procurement units.

Companies and bidders

For higher-education contracts, demanding suitability requirements are typical, depending on the service area:

• Research equipment manufacturers: Technical specification documents, references from scientific institutions, maintenance and service contracts, export/import licences for dual-use goods
• Construction companies and specialist planners: References in laboratory and cleanroom construction, HOAI knowledge, BIM competence
• IT system houses: University references, certifications (Microsoft EA, Cisco, VMware), data protection compliance
• Library information services: Consortium membership, SUSHI interfaces, usage statistics reporting
• Cleaning and security: Experience in sensitive research environments (laboratory cleaning), knowledge of access controls

Research equipment procurement is often carried out through negotiated procedures due to technical uniqueness — bidders should be involved early in the market exploration process.

NACE 85.3 in context: Section P and Division 85

NACE 85.3 represents one of the most financially strong public procurement areas — European higher-education institutions invest billions every year in infrastructure, research and operations.

• NACE P – Education: Parent section
• NACE 85.1 – Pre-primary education: Primary stage
• NACE 85.2 – Secondary education: Secondary stage
• NACE 85.4 – Other education: Vocational training, continuing education
• NACE 85.6 – Educational support activities: Administration, counselling

Frequently asked questions on NACE 85.3 and public tenders

Are universities contracting authorities within the meaning of procurement law?
Yes. State universities and universities of applied sciences meet the requirements of a contracting authority under § 99 GWB (Germany) or § 3 BVergG 2018 (Austria): they are legal persons under public law that are predominantly financed from public funds.

How do I find current tenders in the higher-education sector?
On TED via a CPV search (e.g. 38000000 for laboratory equipment, 45214400 for university buildings, 72000000 for IT services). Many higher-education institutions also publish tenders on their own procurement portals or on state platforms.

Does an exemption from procurement law apply to research contracts?
Research and development contracts are exempt from procurement law under certain conditions (Article 14 of Directive 2014/24/EU) — namely if the results do not accrue exclusively to the higher-education institution and the service is not fully remunerated. The procurement of research equipment, by contrast, is always subject to procurement law.

Can smaller companies participate in university tenders?
Yes. Through the division of contracts into lots (e.g. trade lots in construction projects, product-related lots for laboratory supplies) and the possibility of bidding consortia, SMEs can also participate successfully. Framework agreements of large higher-education institutions are often open for call-off requirements.

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