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Public order
From 1 Jan 2026
Public procurement: new thresholds and simplification for works contracts
Publié le 01 décembre 2025 - Mise à jour le 31 décembre 2025 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)
At 1er January 2026, the thresholds for adapted and formalized procedures applied to public procurement are evolving.
The procedure implemented depends on the estimated value of the public contract and the function of the public body with which the contract is awarded:
- below the thresholds for exemption from prior advertising and competitive tendering, the contract is awarded without compulsory advertising;
- where the value of the contract exceeds these thresholds, the purchaser shall freely determine the conditions for the award of the contract (adapted procedure);
- where the market value is above the European thresholds, the so-called formalized procedure must be applied.
For supply or service contracts, compulsory advertising at BOAMP: titleContent or in a Shal: titleContent must be carried out when the value of the contract is equal to or greater than €90,000.
Please note
‘Sausage-making’ of public contracts is prohibited. This practice consists in passing several small-value procedures one after the other in order to remain below the thresholds of formalized procedures.
New thresholds for exemption from prior advertising and competitive tendering
The Decree of 29 December 2025 sets the exemption threshold for supply or service contracts à €40,000 to 1er January 2026.
The same decree indicates that this threshold will be raised to €60,000 to 1er April 2026.
New formal procedure thresholds (or European thresholds)
The European thresholds evolve to 1er January 2026. They are revised every 2 years to take account of monetary developments in the Member States of the European Union.
Here are the thresholds published in Official Journal of the European Union applicable for the period 2026-2027:
Type of contract | Thresholds HT 2026-2027 | Thresholds HT 2024-2025 |
Supply and service contracts awarded by central public authorities | €140,000 | €143,000 |
Supply and service contracts awarded by a local authority, establishment, local group or other purchaser | €216,000 | €221,000 |
Contracts awarded by a procuring entity operating in the water, energy, transport and postal services sectors | €432,000 | €443,000 |
Works contracts and concession contracts | €5,404,000 | €5,538,000 |
Works contracts: perpetuation of the threshold for exemption from advertising and competitive tendering
Established in 2023, the possibility for works contracts to be exempted from advertising and competition has just been perpetuated by a decree of 29 December 2025.
This exemption applies when the estimated value of the contract is less than €100,000 excluding taxes (excluding taxes).
She also applies to batches relating to work the amount of which is less than €100,000 HT. However, the cumulative amount of these lots must not exceed 20 % of the total estimated value of all lots.
Finally, the buyer must:
- choose a ‘relevant offer’;
- make good use of public funds;
- avoid systematically choosing the same economic operator when there are several offers that can meet the need.