Price revision in Belgian public procurement: article 38/7 of the royal decree of 14 January 2013
In Belgium, article 38/7 of the royal decree of 14 January 2013 requires a price revision clause in works contracts and in the services of its annex 1: wages and social charges, plus materials, raw materials or exchange rates. Exception: a contract estimated below 120,000 euros with a short initial period. Elsewhere, it is optional.
Updated
In Belgium, article 38/7 of the royal decree of 14 January 2013 requires a price revision formula in works contracts and in the services of its annex 1, except below 120,000 euros with a short term. What the clause must contain when costs rise.
What article 38/7 says about price revision
When costs rise during the performance of a public contract, the price revision clause says whether, and how, the price follows. In Belgium, article 38/7 of the royal decree of 14 January 2013 (general implementing rules) sets the framework. Consolidated French text read on Wallex on 28 October 2026: Royal decree of 14 January 2013, consolidated French text (Wallex)
Paragraph 1 covers works contracts and the service contracts listed in annex 1 of the decree. Their procurement documents include a review clause, within the meaning of article 38, that sets how prices are revised according to changes in the prices of the main components: first, hourly wages of staff and social charges; then, depending on the nature of the contract, one or more relevant elements such as the prices of materials, raw materials or exchange rates.
Works, services, supplies: mandatory or optional
The table restates the two paragraphs of article 38/7, adding nothing.
The price revision formula: parameters, weighting, fixed factor
In both cases, price revision rests on objective, verifiable parameters and uses appropriate weighting coefficients; it thus reflects the real cost structure. It may include a fixed, non-revisable factor that the contracting authority sets according to the specific features of the contract.
The 120,000 euro threshold refers to the estimated contract value. To place an amount against the publicity thresholds, the AOEX thresholds tool: Thresholds tool
Rising costs: what an SME checks before bidding
The royal decree sets the framework; the specification says which formula applies to the contract.
- Find the price revision clause in the specification and note its formula: Tender specification
- Identify the parameters used (wages and social charges, materials, raw materials, exchange rates or an index) and their weighting coefficients, and compare them with your own cost structure.
- Note the share of the fixed, non-revisable factor, if any.
- In a works or annex 1 services contract with no revision clause, check whether the exception applies (estimated value below 120,000 euros and a short initial period).
- If the clause is missing or unclear, ask the buyer before the deadline: Question to the buyer
What AOEX does and does not do
The bid kit reads the published documents and dictates the fields of the response: Bid kit The term “price revision” is also in the glossary: Glossary
AOEX does not calculate the price revision, submit the tender, contact the buyer or say who will be selected. This page is not legal advice. The text to follow remains the latest official notice and the procurement documents.
Frequently asked questions
Is price revision mandatory in a Belgian public contract?
In works contracts and in the services listed in annex 1 of the royal decree of 14 January 2013, yes: the procurement documents include a review clause that sets the price revision (article 38/7, § 1). For supplies and other services, the buyer may provide for it (§ 2).
When is price revision not mandatory?
It is not mandatory for a contract estimated below 120,000 euros whose initial performance period is under one hundred and twenty working days or one hundred and eighty calendar days (article 38/7, § 1, fourth paragraph).
What does the price revision formula cover?
For works and annex 1 services, hourly wages of staff and social charges, and, depending on the contract, one or more elements such as the prices of materials, raw materials or exchange rates. It rests on objective, verifiable parameters, with weighting coefficients that reflect the real cost structure.
What is the fixed, non-revisable factor?
A share of the price that the formula does not revise. Article 38/7 lets the contracting authority provide for it and set it according to the specific features of the contract.
What if the buyer cannot set up a formula?
For supplies and services outside annex 1, article 38/7, § 2, lets the contracting authority refer to the health index, the consumer price index or another suitable index.
Does AOEX calculate a contract’s price revision?
No. The contract’s own formula is in the specification. AOEX helps read the published documents; it does not calculate the revision, submit the tender or contact the buyer.
Sources
Royal decree of 14 January 2013 setting the general rules for the performance of public contracts, article 38/7, consolidated French text read on Wallex on 28 October 2026: Royal decree of 14 January 2013, consolidated French text (Wallex) Justel (French): Royal decree of 14 January 2013 (Justel, French)
This note describes public documents and how AOEX works. It is not legal advice.
Edited by aoex.
