The public contract thresholdsdefined byarticle 14 of Legislative Decree 36/2023, from 1 January 2024 have been modified by EU Regulations n. 2495 – 2496 – 2497 – 2510 of 15/1/2023 on the basis, in summary, of new amounts which set at:
- 143,000 euros the threshold for supplies and services, including engineering and architectural services procured by central government authorities;
- 221,000 thousand euros the threshold for supplies and services, including engineering and architectural services procured by sub-central administrations;
- 5,538,000 euros the threshold for public works contracts.
Below-threshold credit lines: activities, obligations and regulatory references
In relation to what is indicated, the calculation of the estimated value of a contract, based on thetotal amount payable, exclusive of VATwill determine the procedures applicable in the various cases.
Below-threshold credit lines, mainly regulated by the articles 48 and subsequent ones Legislative Decree 36/2023for public contracts for works, services and supplies they hire a simplified configuration in consideration of the lesser economic importance on the basis of which it is possible to identify the methods of carrying out the assignments which are indicated in the following table:
CUSTOMERS BELOW THE THRESHOLD (article 50, legislative decree 36/2023) | ||
Activities/Functions | Fulfillments | Normative reference |
Reliance of jobs less than 150,000 euros | Direct assignment without evaluation of quotes (a detailed justification for the decision to contract is appropriate) with application of the rotation criterion | art. 50, paragraph 1, letter a) of Legislative Decree 36/2023 |
Reliance of services and supplies + architecture and engineering services of an amount less than 143,000 euros | Direct assignment even without evaluation of estimates (a detailed justification for the decision to contract is appropriate) with application of the rotation criterion | art. 50, paragraph 1, letter b) of Legislative Decree 36/2023 |
Reliance of services and supplies + architecture and engineering services with an amount equal to or greater than 143,000 euros and up to the thresholds of European importance | Reliance with procedure negotiated without tender to 5 operators cheap with application of the rotation criterion | art. 50, paragraph 1, letter e) of Legislative Decree 36/2023 |
Reliance of jobs for amounts equal to or greater than 150,000 euros and less than 1,000,000 EUR | Procedure negotiated without notice with consultation of at least 5 operators cheap with application of the rotation criterion | art. 50, paragraph 1, letter c) of Legislative Decree 36/2023 |
Reliance of jobs for amounts equal to or greater than 1,000,000 of euros and up to the community threshold | Procedure negotiated without notice with consultation of at least 10 operators cheap with application of the rotation criterion | art. 50, paragraph 1, letter d) of Legislative Decree 36/2023 |
Operational indications for sub-threshold credit lines
1) they remain for below-threshold credit lines conditionalities prescribed: 2) in negotiated procedures the identification of economic operators takes place on the basis of market surveys or through lists of economic operators (always in compliance with the invitation rotation criterion); 3) the notice on the results of the assignment procedure also contains the indication of the subjects invited; 4) for the assignment of sub-threshold procedures to the contracting authorities can proceed through the electronic market of public administrations; 5) for direct loans of less than 5,000 euros it is permitted to derogate from the application of rotation principle; 6) possibility of re-invitation of the outgoing contractor in the cases indicated in article 49, paragraph 4 of Legislative Decree 36/2023. |
art. 1, paragraph 3, art. 49, art. 14, paragraph 9 of Legislative Decree 36/2023 |
The identification of operators to consult (direct assignment) or to invite (negotiated procedures) can also be carried out through market surveys (which can be aimed at the further establishment of lists of operators of individual contracting stations) with the methods established by thearticle 2 of theannex II.1 to the Legislative Decree 36/2023.
For the assignments referred to inarticle 50, paragraph 1, letters c), d) and And) of the Legislative Decree 36/2023 (relating to negotiated procedures), the contracting authorities proceed with the award of the relevant contracts on the basis of criterion of the most economically advantageous offer or, except for labour-intensive contracts, of the lowest price.
In the case of engineering and architectural services, for which the criterion of the most economically advantageous offer becomes obligatory only for them amounts equal to or greater than 143,000 eurosremember theobligation to apply minimum tariffsforeseen by law 49/2023on the base of dM: 17/6/2016 (with the application – for planning – of the rates reported by theAnnex I.13 to the Legislative Decree 36/2023), pending the issuance of the new tariffs. Failure to apply the provisions of the law 49/2023 determines the nullity of the procedures and contracts signed.

Assignment phase: novelties and conditionality of sub-threshold assignments
Without prejudice to the possibility of specifically motivated exceptions (absence of alternatives, quality of work already carried out, competitiveness of the price), in contracts below the threshold the application of the verification of the rotation principle referred to in article 49 of Legislative Decree 36/2023 for which it is the awarding or awarding of a contract to the outgoing contractor is prohibited in cases where two consecutive assignments concern a contract falling within the same product sectoror in the same category of works, or in the same service sector.
For contracts awarded with the procedures referred to in Article 50, paragraph 1, letters c), d) and e) of Legislative Decree 36/2023 (negotiated procedures), the contracting authorities they do not apply the rotation principle when the market investigation was carried out without placing limits on the number of economic operators in possession of the required requirements to be invited to the subsequent negotiated procedure.
For the credit lines for amounts less than 5,000 euro, it is however possible to derogate from the rotation principle.
Also for sub-threshold assignments, as provided for by article 14, paragraph 9, letter a) of Legislative Decree 36/2023, the division into lots relating to the same categories or product sectors cannot be used to circumvent the thresholds of European relevance.
In the event of an award, with the lowest price criterionof works or service procurement contracts of an amount lower than the thresholds of European importance which do not present a certain cross-border interest, the contracting authorities, in derogation of the provisions of Article 110 of Legislative Decree 36/2023, provide in the tender documents automatic exclusion of offers that are anomalous, if the number of offers admitted is equal to or greater than five. The automatic exclusion of anomalous offers does not apply to the assignments referred to in article 50, paragraph 1, letters a) and b) of Legislative Decree 36/2023 (direct assignments).
Contract execution phase: novelties and conditionality of sub-threshold assignments
For contracts with amounts lower than the thresholds of European relevance, the contracting authority may replace the testing certificate or the conformity verification certificate with the certificate of regular executionissued for the works by the works manager and for supplies and services by the RUP or the execution director, if appointed.
The certificate of regular execution for below-threshold jobs it is always applicable except for the cases provided for in article 28, paragraph 1, letter b) of Annex II.14 to Legislative Decree 36/2023 while for below-threshold services and supplies it is faculty, in all casesof the contracting authority to replace the conformity verification certificate with the certificate of regular execution.