On 9 September 2026, the European Commission presented a proposal for a new Regulation on Public Procurement and Concessions (‘the Regulation’), which provides for a comprehensive overhaul of the current European framework. The three main 2014 Directives in this area will be replaced by a single Regulation, directly applicable in all Member States.
The proposal is at the start of the legislative process and is yet to be considered by the European Parliament and the Council; therefore, the final rules may be subject to change. If the Regulation is adopted, a two-year deferred application period is envisaged, which will give contracting authorities and businesses time to prepare for the new regime.
One of the key changes is the simplification of public procurement procedures. Two main procedures are envisaged - open and dynamic - which may be conducted with or without negotiations, as well as a separate procedure for innovation where the required solution is not yet available on the market. Preliminary market consultations are also encouraged, enabling contracting authorities to familiarise themselves with the solutions available on the market even before the procedure is launched.
Access to public procurement for small and medium-sized enterprises is also being facilitated. Excessive requirements regarding turnover and prior experience specifically with public procurement are restricted where these are not justified by the complexity or subject matter of the contract. The aim is to ensure that formal requirements do not become a barrier for smaller or newer companies which otherwise have the necessary capacity to fulfil the contract.
Digitalisation is a key part of the reform. National electronic public procurement systems will be linked within a common European digital environment to facilitate the exchange of information and participation in procedures in other Member States. An electronic system for verifying candidates is also planned, based on digital company profiles and the ‘once-only’ principle, so that documents and data already provided are not requested again.
The approach to selecting a contractor is also changing. Instead of the lowest price being the deciding factor, contracts will generally be awarded on the basis of the best value for money. Alongside price, greater importance will be attached to quality, environmental and social characteristics, innovation, security and the sustainability of supplies. For businesses, this means that a good offer will increasingly need to demonstrate not only a competitive price but also the specific advantages of the proposed solution.
The proposal expands the possibilities for promoting European production through public procurement. It is envisaged, for example, that contracting authorities will be able to require that some goods and services be of European origin, or to give preference to such goods and services when evaluating tenders. In certain cases, it will also be possible to restrict access to public procurement for companies and products from third countries where this is necessary to protect the EU’s interests.
For Bulgarian businesses, the reform could facilitate access to public procurement in other Member States, whilst at the same time strengthening competition in the domestic market. The changes may be of particular significance for small and medium-sized enterprises, for which a reduction in administrative requirements and formal barriers to participation is envisaged. However, the legislative proposal is still at an early stage of discussion at EU level. Consequently, the specific implications of the reform will depend on the final wording of the adopted provisions.
This article has been prepared for and is part of the Legal Digest issued by Penkov, Markov & Partners. The publications therein do not constitute legal advice and are not binding. Penkov, Markov & Partners reserves all rights to this material, and any distribution thereof is subject to the prior written consent of the law firm.
