publication obligation

The publication obligation is the legal duty of contracting authorities to announce public procurement through a formal contract notice when the contract value exceeds the applicable threshold value. It is a cornerstone of EU procurement law, anchored in Directive 2014/24/EU, and implemented across all EU and EEA member states. The obligation safeguards transparency, equal treatment and genuine competition in public tenders, so that all interested suppliers get a fair chance to participate.

View current contract notices on Cobrief.

When does the publication obligation apply?

The publication obligation is triggered by the EU/EEA thresholds, revised every two years by Commission Delegated Regulations. For 2026 to 2027 (effective 1 January 2026), the main thresholds are:

• Central government supply and service contracts: EUR 140,000
• Sub-central (regional and local) supply and service contracts: EUR 216,000
• Works contracts and concessions: EUR 5,404,000
• Utilities supply and services (water, energy, transport, postal): EUR 432,000
• Special services (social, cultural, health): EUR 750,000 (classic), EUR 1,000,000 (utilities)

Above these thresholds, notices must be published in Tenders Electronic Daily (TED) using standardised eForms. Below the EU thresholds, national rules apply. In Norway, for example, contracts above NOK 100,000 (rising to NOK 500,000 on 1 July 2026) must be announced in Doffin under Part II of the procurement regulation, with full EU rules from NOK 1.63M (state) or NOK 2.5M (sub-central) under Part III.

What must be published?

The publication obligation covers several phases of the procurement process:

• The contract notice that opens a tender procedure
• The voluntary ex ante transparency notice for planned direct awards
• The award notice after the winner is selected
• Prior information notices or indicative notices when the authority wants to signal upcoming opportunities

Consequences of breach

Failure to publish can be classified as an illegal direct award, one of the most serious breaches of procurement law. In Norway, KOFA can impose an infringement fine of up to 15 percent of the contract value, and courts may declare the contract ineffective. Similar remedies exist in other EU member states under the Remedies Directive (89/665/EEC).

For suppliers, notices are the gateway to new business. Tools like Cobrief continuously monitor new publications in TED and national platforms, and surface relevant opportunities through tender alerts tailored to each supplier's market. The publication obligation is thus the practical mechanism that keeps public procurement open and reviewable.