Commission Proposes EU Public Procurement Act

On September 9, 2026, the European Commission proposed a new EU Public Procurement Act. The proposal would replace the EU’s three core procurement directives with a single, directly applicable Regulation. It would be the most far-reaching reform of the EU procurement framework since 2014 and could materially affect companies competing for public contracts across the EU. 

The proposal aims to reduce barriers for companies bidding for public contracts in EU Member States. National e-procurement platforms would become interoperable, allowing companies to participate in procedures throughout the EU through any connected platform. A “once-only” principle and more automated checks of exclusion grounds are intended to reduce documentation requirements. 

The best price-quality ratio would become the default award method. Quality criteria would generally need to account for at least 30% of the evaluation and, for labor-intensive contracts, 50%, unless a contracting authority justifies a different approach. For bidders, this would increase the importance of the non-price elements of a tender, including technical performance, delivery capability and the evidence supporting such claims.

The proposal would also embed ESG considerations more firmly in public procurement. Environmental, social, innovation, security and resilience matters would be expressly recognized as quality criteria. Contracting authorities could therefore give greater weight to carbon performance, circularity, responsible supply chains, working conditions, social standards and innovative solutions. Companies should ensure that relevant ESG claims are supported by reliable, contract-specific evidence, including information from key subcontractors and suppliers.

Finally, the proposed framework would allow — and in certain cases require — contracting authorities to consider security, cybersecurity, critical-infrastructure exposure, supply disruption, strategic dependencies and undue third-country influence. A new European-preference regime could permit restrictions on participation, origin requirements or preferences for European content, subject to international procurement commitments.

While the proposal remains subject to negotiation, companies reliant on public contracts should review supply chains, product origin, ownership links and the evidence available to support ESG, quality, security and resilience claims. Adoption is unlikely before late 2027 at the earliest, and the final text and application timetable remain uncertain, particularly in relation to European-preference and economic-security measures.