Proposal for a Regulation on public procurement and concessions (Public Procurement Act) — COM(2026) 590
On 9 September 2026, the European Commission published the proposal for a Regulation on public procurement and concessions (Public Procurement Act), which aims to replace Directives 2014/23/EU, 2014/24/EU and 2014/25/EU with a single regulation directly applicable in all Member States. The initiative affects a market representing approximately 15 per cent of the EU’s GDP, involving more than 46,600 contracting authorities and around 173,000 companies, and marks a paradigm shift: public procurement is now to be viewed as a strategic tool for competitiveness, innovation, sustainability and European economic security.
Key changes include the transition from three Directives to a single Regulation (which will require a review of the role of the LCSP in Spain), the simplification of procedures into three broad categories, and the strengthening of the best value for money (BPQR) criterion, raising the minimum weighting of qualitative criteria from 30 per cent to 50 per cent in labour-intensive contracts. Furthermore, a ‘Buy European’ framework is introduced for the first time, and digitalisation is consolidated through a European digital procurement ecosystem and the ‘once only’ principle, which prevents the duplication of documentation in future tenders.
The proposal also incorporates a specific framework for economic security and supply chain resilience for critical entities, mandatory environmental criteria for certain categories of contracts, and a strengthening of social procurement, including universal accessibility and contracts reserved for vulnerable groups. In terms of governance, each Member State must designate a national coordinating authority, and the grounds for exclusion are systematised, removing the ‘self-cleaning’ mechanism for certain mandatory exclusions (which last for five years), although it is retained for optional exclusions.
The regime for contractual amendments is also being reformed: amendments not exceeding 15 per cent of the initial value will be deemed non-substantial, and access for SMEs will be facilitated by limiting turnover requirements and restricting the need for prior experience. Overall, the reform will require Spain to redefine the role of the LCSP and adapt its digital platforms, and will require companies to pay greater attention to the traceability of their supply chains and to provide qualitative value in tenders, in a model where quality, innovation and resilience will take precedence over price. The text must still go through the standard European legislative procedure, so it may differ from the Commission’s proposal.