The low-value public contract in Belgium

In Belgium, a public contract with an estimated value below €30,000 excluding VAT is a low-value contract (law of 17 June 2016, art. 92). No notice is required: the buyer consults several companies where possible, without having to ask for tenders, and the contract may be concluded by an accepted invoice.

Updated

In Belgium, a public contract with an estimated value below €30,000 excluding VAT is a low-value contract (law of 17 June 2016, art. 92). No notice is required: the buyer consults several companies where possible, without having to ask for tenders.

What article 92 says

Article 92 of the law of 17 June 2016 says that contracts whose estimated amount is below 30,000 euros are subject only to three blocks: title 1 of the law, except articles 12 to 12/8 and 14; the scope rules of chapter 1 of title 2; article 165, § 2. Its second paragraph adds that these contracts may be concluded by an accepted invoice. Text in French read on Justel on 30 October 2026, updated to 16 February 2026: Law of 17 June 2016 on public procurement (Justel, French)

Article 16 of the same law states that, unless otherwise provided, all its amounts exclude value added tax. The threshold therefore reads €30,000 excluding VAT. Article 162 sets the same amount and the same regime for contracts in the special sectors (water, energy, transport, postal services).

The report to the King on the royal decree of 18 April 2017 recalls that this amount was raised from 8,500 to 30,000 euros. The law as a whole: Guide to the law of 17 June 2016

What applies, and what does not

The table sets out the texts as read on 30 October 2026. It says which rules still apply to a low-value contract; the rest of the law and the decrees does not.

How the buyer awards the contract

Article 124 of the royal decree of 18 April 2017 says that, for a low-value contract, the contracting authority awards its contract after consulting, where possible, the terms of several economic operators, without having to ask for tenders to be submitted. The contracting authority must be able to provide proof of that consultation. Text in French on Wallex: Royal decree of 18 April 2017, consolidated text (Wallex, French) Justel, updated to 14 January 2026: Royal decree of 18 April 2017 (Justel, French)

The report to the King on the same decree adds that a simple consultation of terms is enough, that a tender may also be asked for in the simplest way (e-mail…), and that in some exceptional situations, such as a monopoly, several operators need not be consulted.

The public procurement portal of the Service public de Wallonie, read on 30 October 2026, describes two ways. For a simple need, the buyer compares the terms and rates (websites, brochures…) of at least three operators, and only the one that wins the contract is told it was launched; the contract is concluded by an accepted invoice. For a more complex need, it sends at least three operators an invitation to tender with a description of the contract. The page, in French: Walloon public procurement portal (French)

Estimating the amount without splitting the contract

Articles 6 and 7 of the royal decree of 18 April 2017 also apply to low-value contracts. The estimate made at launch sets the rules for the whole procedure (art. 6). The estimated value is the total amount payable excluding VAT, taking account of the term and total value of the contract, in particular options, lots, renewals and tranches (art. 7, § 1).

Article 7, § 3, adds that a contract may not be split so as to escape the publicity rules, unless objective reasons justify it. Article 5 of the law forbids designing a contract with the intention of taking it out of the law or artificially narrowing competition.

Performance, invoice and annual report

The general rules for performance in the royal decree of 14 January 2013 do not apply to contracts whose estimated amount does not reach 30,000 euros (art. 5), except what the procurement documents make applicable (art. 6, § 5). The terms to read are therefore those of the buyer’s request. Justel, in French, updated to 16 September 2024: Royal decree of 14 January 2013 (Justel, French)

The FPS Economy states that since 1 March 2024 electronic invoicing is also mandatory for contracts below 30,000 euros; below 3,000 euros it is not automatically mandatory but may be imposed by the contracting entity, and the federal authorities impose it. Page updated on 21 March 2024, read on 30 October 2026, in French: FPS Economy on digitalisation (French)

Under article 165, § 2, of the law, the buyer sends each year the total value of its low-value contracts, broken down by beneficiary company on the basis of its enterprise number at the Crossroads Bank for Enterprises, except for contracts with an award amount below 3,000 euros.

Low value, negotiated procedure without publication and thresholds

A low-value contract is not the negotiated procedure without prior publication. That procedure falls under article 42, § 1, 1°, a, of the law, which refers to amounts set by the King. Those amounts for 2026 and 2027 are in the thresholds guide: Thresholds 2026-2027 The calculator says where an amount falls: Threshold calculator The negotiated procedure is explained here: Negotiated procedure

Below €30,000 excluding VAT, a buyer may also choose another procedure. The UVCW reports the opinion of the Federal Public Procurement Commission: if it uses the negotiated procedure without prior publication, the contract can no longer be treated as a low-value contract. The UVCW also states that the e-Procurement platform lets a buyer open a file under the low-value procedure. The page, in French: UVCW on e-Procurement (French)

The Walloon portal recalls that since 1 September 2023 invitations to tender under the negotiated procedure without prior publication go through the e-Procurement platform.

What this changes for an SME that wants to reply

A low-value contract is often not in any list of notices: the buyer consults whom it knows or what it finds. These points follow from the texts above.

  1. Make yourself known to the public buyers of your region and sector: the buyer compares terms and rates, sometimes on websites or in sales documents.
  2. Make your terms and prices excluding VAT easy to read, so a comparison is possible without a request for a tender.
  3. Reply quickly and in writing to a simple request, such as an e-mail: the buyer must be able to prove its consultation.
  4. Keep your e-Procurement account up to date: invitations under the negotiated procedure without prior publication go through it, and some buyers open low-value files there: e-Procurement (FPS BOSA)
  5. Also follow the contracts published below the European thresholds, which are not on TED: Contracts not on TED
  6. Read the terms attached to the request: without them, the general rules for performance do not apply. Prepare an electronic invoice.

What AOEX does and does not do

AOEX reads TED notices and public e-Procurement notices. A low-value contract awarded without a notice is not there. When a published contract is open, the tender kit reads the published documents and dictates the fields of the reply: Tender kit The term is also in the glossary: Glossary

AOEX does not submit the tender, does not contact the buyer and does not say who will be chosen. This page is not legal advice. The text to follow remains the law, the decrees and the buyer’s request.

Frequently asked questions

What is the low-value threshold in Belgium?

Article 92 of the law of 17 June 2016 covers contracts whose estimated amount is below 30,000 euros. Article 16 states that, unless otherwise provided, the amounts of the law exclude VAT. Text read on Justel on 30 October 2026, updated to 16 February 2026.

Is a low-value contract published?

No contract notice is required. The Walloon public procurement portal puts it this way: a notice is published in principle, except in particular for low-value contracts. The buyer consults companies directly. Only a company that is consulted can therefore reply.

Must the buyer consult several companies?

Article 124 of the royal decree of 18 April 2017 says it awards the contract after consulting, where possible, the terms of several economic operators, without having to ask for tenders, and that it must be able to prove that consultation. The Walloon portal asks for a comparison of at least three operators.

What does “concluded by an accepted invoice” mean?

Article 92 allows these contracts to be concluded by an accepted invoice. The report to the King on the decree of 18 April 2017 draws from it that the companies consulted need not submit a tender. A tender may still be asked for, in the simplest way, for example by e-mail.

Do the general rules for performance apply?

Not as a rule. Article 5 of the royal decree of 14 January 2013 says it does not apply to contracts whose estimated amount does not reach 30,000 euros. Article 6, § 5, lets the procurement documents make applicable provisions that are not mandatory.

Does AOEX show low-value contracts?

Only when they are published. AOEX reads TED notices and public e-Procurement notices. A low-value contract awarded without a notice is not there. AOEX does not submit the tender and does not contact the buyer.

Sources

All read on 30 October 2026, in French. Law of 17 June 2016 on public procurement, articles 5, 16, 42, 92, 162 and 165, Justel (updated to 16 February 2026): Law of 17 June 2016 on public procurement (Justel, French) Threshold confirmed: estimated amount below 30,000 euros, excluding VAT (art. 92 and 16).

Royal decree of 18 April 2017 on the award of public contracts in the classic sectors, articles 4, § 3, 6, 7 and 124, and report to the King, Justel (updated to 14 January 2026): Royal decree of 18 April 2017 (Justel, French) Wallex: Royal decree of 18 April 2017, consolidated text (Wallex, French) Royal decree of 14 January 2013 laying down the general rules for the performance of public contracts, articles 5 and 6, § 5, Justel (updated to 16 September 2024): Royal decree of 14 January 2013 (Justel, French)

Public procurement portal of the Service public de Wallonie: Walloon public procurement portal (French) UVCW, FAQ on the obligations to use the e-Procurement platform: UVCW on e-Procurement (French) FPS Economy, digitalisation of public procurement (page of 21 March 2024): FPS Economy on digitalisation (French)

This note describes public documents and how AOEX works. It is not legal advice.

Edited by aoex.