What are
health and social services
Also known as: social and other specific services
Health and social services form a distinct category under EU/EEA procurement law, subject to simplified rules known as the "light touch regime." The category covers healthcare, residential care, social work, childcare and employment support. Because these services involve vulnerable users and are shaped by national traditions, the directives grant contracting authorities greater flexibility than for standard service contracts.
How does the light touch regime work?
Articles 74–77 of Directive 2014/24/EU establish the light touch regime for services listed in Annex XIV. The threshold for these services is set at EUR 750,000 — significantly higher than the standard thresholds for goods and services.
Below the threshold, procurement is governed entirely by national law. Above the threshold, contracting authorities must:
- Publish a contract notice or prior information notice in TED
- Respect the principles of transparency and equal treatment
- Publish the results of the procurement
Beyond these obligations, Member States design their own procedural rules, allowing the process to be tailored to user needs and continuity of care.
Key features
- Reserved contracts: Under Article 77, Member States may reserve certain health and social service contracts for non-profit organisations that reinvest surpluses into their public service mission.
- Flexible award criteria: Cost considerations can be excluded from the award criteria, allowing contracting authorities to set a fixed price and compete on quality alone.
- Longer framework agreements: The standard four-year limit on framework agreements does not apply to health and social services.
- CPV codes: Covered services are listed in Annex XIV and include CPV codes 85000000–85323000.
Tools like Cobrief can help suppliers discover procurement opportunities for health and social services and prepare bids tailored to this category.
Summary
Health and social services occupy a unique position in EU/EEA procurement law. The light touch regime recognises that these services serve vulnerable populations and have characteristics that demand flexibility, while still ensuring transparency and fair access for qualified providers.