The new threshold regulation 2023 has come into force!
07/03/2023 - Reading time: 5 minutes
Author
Bernhard Scherzer
Attorney at Law
Finally, after much toing and froing, the Austrian legislator has extended the Threshold Regulation, originally only in force until 30 June 2023, until 31 December 2023. This means that the higher thresholds in the sub-threshold range will continue to apply to award procedures initiated in this period until the end of the year.
In particular, contracting authorities will once again be able to award contracts worth less than EUR 100,000,-- (instead of EUR 50,000,--) directly to suitable companies without having to conduct an award procedure.
Additional choices of procedures in the sub-threshold area:
Classic Regime
Works Contracts
| Threshold | Procedures | |
| < EUR 100.000,-- | - - | Direct award Negotiated procedure without prior publication |
| < EUR 500.000,-- | - | Direct award with prior publication |
| < EUR 1 Mio | - | Restricted procedure without prior publication |
Supply and Service Contracts
| Threshold | Procedures | |
| < EUR 100.000,-- | - - - | Direct award Restricted procedure without prior publication Negotiated procedure without prior publication |
| < EUR 130.000,-- | - | Direct award with prior publication |
Sector Regime
Works Contracts
| Threshold | Procedures | |
| < EUR 100.000,-- | - | Direct award |
| < EUR 500.000,-- | - | Direct award with prior publication |
Supply and Service Contracts
| Threshold | Procedures | |||
| < EUR 100.000,-- | - |
| ||
| < EUR 200.000,-- | - | Direct award with prior publication |
It remains to be seen whether the higher thresholds will apply beyond 31 December 2023 or whether the Thresholds Regulation will finally expire at the end of the year and the thresholds will be lowered as a result.
Author
Bernhard Scherzer
Attorney at Law