NACE 88.9 – Other Social Work Activities Without Accommodation | Public Tenders
NACE 88.9: Childcare, youth welfare and counselling services in public tenders. Childcare-centre tenders and social-service concessions.
Definition: NACE 88.9 covers other social care services without accommodation, in particular childcare (Kitas, crèches, after-school care), youth welfare, counselling services, debt counselling and community projects in social work. This is one of the most procurement-intensive segments of municipal public services.
Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026
What does NACE 88.9 cover?
NACE 88.9 (Other social work activities without accommodation) classifies a broad spectrum of outpatient social services — from childcare centres to debt counselling — and is one of the largest individual areas in public procurement of social services.
Group 88.9 within Section Q (Human health and social work activities) and Division 88 is broken down into the following classes:
| Class | Title | Typical institutions |
|---|---|---|
| 88.91 | Child day-care activities | Kitas, crèches, childminder placement, after-school care |
| 88.99 | Other social work activities without accommodation n.e.c. | Youth welfare, counselling centres, debt counselling, street work |
Contracting authorities are municipal youth welfare offices, district social welfare offices and cities and municipalities that award childcare and social services to free-sector operators.
Public Tenders: Activity area NACE 88.9
Childcare and youth welfare are core areas of municipal social services — increasingly, concessions for the operation of childcare centres and corporate childcare facilities are also tendered publicly.
Typical types of contract
- Operation of childcare centres: Overall operation of municipal Kitas as a service contract or concession
- Corporate childcare: Tender for the operation of childcare for employees of public employers
- Youth work and youth social work: School social work, open youth work, youth centres
- Debt counselling: Commissioning of counselling centres by municipal social welfare offices
- Parent and family counselling: Educational counselling, family-relief services
- Street work and outreach social work: Outpatient youth welfare for specific target groups
Childcare concessions as a growing tender segment
The trend towards awarding childcare operation as a service concession (KonzVgV) is increasing. In the case of concessions, the concessionaire bears the operating risk — for example through parental contributions as a source of revenue. The threshold for concessions is EUR 5,538,000.
Relevant CPV codes for NACE 88.9
| CPV code | Title | Scope |
|---|---|---|
| 85311200 | Welfare services for children and young people | Youth welfare, social work |
| 85312100 | Daycare services | Kitas, after-school care, day care facilities |
| 85312110 | Childcare services | Crèches, day care |
| 85320000 | Social services | General social services |
| 80100000 | Primary education services | Pre-school education in Kitas |
| 85312000 | Social work services without accommodation | Counselling services, outpatient support |
Who is NACE 88.9 relevant to under procurement law?
Public contracting authorities
The decision whether childcare operation or youth welfare must be tendered is often complex in practice. The subsidy model (grant without entitlement to consideration) is not subject to procurement law. However, where a municipality enters into a contract for a specific service in return for payment, a tender obligation arises. The case law of the CJEU and the national procurement review bodies is developing dynamically in this area.
Companies and bidders
- Operating licence: Licence to operate a child day-care facility under § 45 SGB VIII (operating licence issued by the state youth welfare office)
- Specialist personnel evidence: Sufficient staffing with state-recognised educators
- Pedagogical concept: Coherent concept as an award criterion in tenders
- Financing evidence: Evidence of economic capacity to operate the facility
- Operator qualification: Experience in child and youth welfare as a suitability requirement
NACE 88.9 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 88.1 – Care of the elderly and disabled: Outpatient elderly care
- NACE 87.9 – Other residential care activities: Children's and youth homes
Frequently asked questions on NACE 88.9 and public tenders
Must a municipality tender the operation of its Kita when transferring it to a free-sector operator? This depends on the design. If the municipality grants a subsidy to a free-sector operator without a corresponding consideration, there is no public contract. However, if there is a genuine contract with consideration, a tender is required. The demarcation is fluid and the subject of ongoing case law.
What is a social-services concession? A social-services concession exists where the operator bears the economic risk of the operation — for example through parental contributions as a source of revenue. Such concessions are subject to the KonzVgV with the elevated threshold of EUR 5,538,000 and simplified procedures.
Can non-profit associations participate in childcare-centre tenders? Yes. Non-profit operators are expressly entitled to participate in procurement procedures. In many municipalities, in line with the principle of subsidiarity, free-sector operators are given priority, which is permissible under procurement law if certain conditions are met.
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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