Public contracts below the EU threshold: invited and national tenders in the Netherlands

Where is the threshold?

Above the EU threshold, a public buyer must run a European tender. These are the amounts that apply from 1 January 2026 to 31 December 2027:

The buyer estimates the value of the whole contract, excluding VAT. Options and extensions in the documents count, and for an indefinite term the value is 48 times the monthly amount. Splitting a contract to stay outside the European rules is not allowed. How a European tender works for a smaller company is covered in can a small business win a European tender.

If the contract falls below the threshold, the rules are different. But there are rules.

Which rules apply below the threshold?

• ActPart 1 of the Public Procurement ActThe buyer chooses its procedure and the companies it admits on the basis of objective criteria. On your written request, it must give its reasons for that choice (article 1.4). Below the threshold too, it does not bundle contracts unnecessarily (article 1.5).
• GuidelineThe Proportionality GuideIn national and invited procedures too, requirements must be in proportion to the contract (articles 1.13 and 1.16). The buyer follows the guide or explains why not. More in the Proportionality Guide.
• WorksThe ARW 2016For works below the threshold, the Aanbestedingsreglement Werken 2016 (the procurement rules for works) is mandatory. Among other things, it governs the invited procedure for works.
• PolicyThe buyer’s procurement policyThe Act sets no amounts per procedure. Each public body sets out in its own procurement policy when one quote is enough, when it asks for more, and when it runs a national tender.

Three ways of buying

• Single quoteOne companyThe buyer asks one company for a quote (enkelvoudig onderhands). The guide gives an indicative amount for such small contracts of € 40,000 to € 50,000 for supplies and services, and up to € 150,000 for works.
• Invited procedureThree to five companiesThe buyer invites at least three and at most five companies to bid (meervoudig onderhands, rule 3.4 B). According to the guide, this is proportionate up to the EU threshold for supplies and services, and up to € 1,500,000 for works.
• NationalOpen to everyoneThe buyer publishes the contract on TenderNed, and anyone who meets the requirements may bid. This mainly happens for larger contracts below the threshold.

These are indicative amounts. What a buyer does in practice is set out in its procurement policy. The guide asks it to consider for each contract which procedure fits, looking at the size, the transaction costs, the number of potential bidders and the market, among other things (rule 3.4 A). So always check the policy of the municipality you want to work for. You will find it on the municipality’s website or on lokaleregelgeving.overheid.nl, the Dutch register of local regulations.

What is different from a European tender?

• You need an invitationInvited contracts are not published on TenderNed. The buyer chooses whom to invite, on objective grounds.
• Fewer requirements up frontIn an invited procedure, the buyer only sets selection criteria if it does not yet know whether one or more of the invited companies are suitable (rule 3.5 C).
• A different waiting periodA standstill period after the award is not set by law for invited procedures. The guide considers awarding immediately contrary to fair play and mentions periods of 7 or 10 calendar days.

What does apply: the buyer treats bidders equally, and tells all bidders the award decision with the relevant reasons (article 1.15). Read in the invitation which period applies after the award, and respond within it if you disagree.

How do you get noticed?

You cannot bid for an invited contract without an invitation. So the work starts earlier: making sure the buyers and budget holders in your region know who you are and what you can do.

1. 1Read the procurement policyKnow up to which amounts the municipality buys through invited procedures, and how it decides whom to invite.
2. 2Register where you canSome municipalities keep a list of companies they invite. Ask the procurement department whether there is one.
3. 3Be visible where buyers areWatch the municipality’s website for market consultations and meetings for businesses. That is where you get to know the buyers, and they get to know you.
4. 4Show what you have doneA short, concrete description of your company, with references from the region, makes it easy for a buyer to think of you.
5. 5Ask for the reasonsIf you are not invited for a contract that suits you, you may ask in writing why the buyer chose this procedure and these companies (article 1.4). Keep it businesslike: you want to take part next time.

With an invited contract, your bid starts before the invitation arrives.

Be ready when the invitation comes

When the invitation comes, you do not want to start from scratch. Have the basics in order: your references, certificates, insurance and a few well-supported examples of how you work. Then you can spend your time on what the buyer wants, not on collecting documents.

Take the invitation as seriously as a European tender. You compete with fewer companies, but they were also invited because the buyer considers them suitable. Read everything, ask your questions in time and answer exactly what is asked. Here too, make a deliberate bid/no-bid decision. If you decide not to bid, let the buyer know.

Is there a requirement that does not fit the size of the contract? The Proportionality Guide applies here too, and you can ask a question about it.