NACE 88.1 – Social Work Activities Without Accommodation for the Elderly and Disabled | Public Tenders
NACE 88.1: Outpatient care and day care for the elderly in public tenders. Care service tenders of public operators.
Definition: NACE 88.1 covers outpatient social care services for the elderly and people with disabilities without inpatient accommodation. This includes home nursing, care services, day care, meal services and other outpatient support services.
Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026
What does NACE 88.1 cover?
NACE 88.1 (Social work activities without accommodation for the elderly and disabled) classifies outpatient care services and social care facilities — a growing procurement segment, as public operators increasingly tender outpatient care services.
Group 88.1 within Section Q (Human health and social work activities) and Division 88 is broken down into the following classes:
| Class | Title | Typical services |
|---|---|---|
| 88.10 | Social work activities without accommodation for the elderly and disabled | Outpatient care, day centres, meal services, transport services, household assistance |
Contracting authorities are municipal social and care offices, district social authorities, municipal in-house companies (utility-related care services) and care insurance funds, where they make procurement subject to tender obligations.
Public Tenders: Activity area NACE 88.1
Municipal care service tenders and meal services are frequently recurring procurement procedures — particularly in areas where public operators run their own outpatient services or finance free-sector operators with public funds.
Typical types of contract
- Outpatient care services: Basic care (personal care, mobilisation), medical care (medication administration, wound care)
- Meals on wheels / meal services: Preparation and delivery of hot meals, frozen meal services
- Day centres for the elderly: Operation or service procurement for day care facilities
- Transport services: Transport to day care, to doctors, to activities for older and disabled people
- Household assistance and household support: Shopping, cleaning, laundry care
- Assisted living: Service packages for assisted living complexes without full inpatient character
Social services under the simplified procurement regime
Outpatient care services are classified as social services and, in Germany, subject to the simplified procurement regime under § 130 GWB. The elevated threshold (EUR 750,000) and simplified procedural rules apply.
Relevant CPV codes for NACE 88.1
| CPV code | Title | Scope |
|---|---|---|
| 85311100 | Welfare services for the elderly | Outpatient care services |
| 85311200 | Welfare services for disabled people without accommodation | Outpatient disability support |
| 85312100 | Daycare services | Day care, day centres |
| 55321000 | Meal-preparation services | Meal production for meal services |
| 55322000 | Meal-delivery services | Meals on wheels, delivery |
| 60130000 | Special-purpose road passenger-transport services | Transport services for older people |
Who is NACE 88.1 relevant to under procurement law?
Public contracting authorities
Municipal social welfare offices and district social authorities are the primary contracting authorities. The demarcation between procurement law and social law is particularly relevant in this area: the German Federal Court of Justice and the CJEU have repeatedly had to clarify whether social-law service-provision procedures (under SGB XI, SGB XII) can exist in parallel with procurement law or replace it.
Companies and bidders
- Care authorisation: Operating licence as a care service under state law, SGB XI approval
- Quality assurance: MDK quality audits, quality reports under § 115 SGB XI
- Staffing: Sufficient qualified nursing specialists (staffing ratio)
- References: Experience with comparable outpatient care services
NACE 88.1 in context: Section Q and Division 88
- NACE Q – Human Health and Social Work Activities: Parent section
- NACE 88 – Social work without accommodation: Division
- NACE 87.3 – Residential care for the elderly: Inpatient elderly care
- NACE 88.9 – Other care without accommodation: Childcare, youth welfare
Frequently asked questions on NACE 88.1 and public tenders
Can outpatient care services receive public contracts without a tender? In practice, parallel systems exist: social-law approval procedures (§ 72 SGB XI) and tenders under procurement law. Care insurance funds conclude supply agreements without tender; however, when a municipality purchases care services as a contracting authority, this is subject to procurement law.
What is the difference between a supply agreement under SGB XI and a procurement procedure? A supply agreement under SGB XI is not concluded under procurement law — every approved care service is entitled to approval. A procurement procedure takes place when an authority purchases care services as a service contract for specific persons or areas.
Last updated: January 2026 All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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