How would the European Commission’s proposed procurement reforms change tender evaluation and access to public contracts across the EU?
Price would no longer stand alone
The European Commission wants contracting authorities to assess more than the lowest immediate price when awarding public contracts. Under its proposal, criteria unrelated to price would represent 30% of an offer’s evaluation. These could include product sustainability, the use of recycled materials and, where other legislation permits, European content. A contracting authority could therefore select a bid that is not the cheapest if it offers additional environmental or industrial benefits. Siobhan McGarry, the Commission’s spokesperson for the internal market, industrial policy and financial services, said it was legitimate to recognise that the lowest-priced offer is not necessarily the best one. The proposal remains subject to negotiations and is not yet final law.
A single registration could open more EU tenders
The planned reform would also address a practical barrier for businesses seeking contracts outside their home state. An interoperable digital infrastructure would allow a company to register once and identify procedures for which it is eligible, including in other EU countries. McGarry gave the example of a Romanian furniture business finding it easier to participate in a tender organised by a Spanish municipality. The same system is intended to improve information-sharing between authorities, including information about companies excluded from procedures for reasons such as corruption or unpaid taxes. In procurement terms, the mechanism would combine cross-border tender discovery with shared eligibility and exclusion information, rather than requiring firms to navigate each national system separately.
The industrial preference has defined limits
The proposals are linked to a wider “Made in Europe” approach intended to support production and supply chains within the EU. The Commission says the measures would not seek to disrupt existing supply relationships, including trade with the United Kingdom, and that they are designed to respect international trade agreements. In some areas, public money could be connected to European supply-chain benefits. For targeted foreign direct investment, the proposal includes at least 50% local employment and the transfer of technological know-how. The Commission also points to the Foreign Subsidies Regulation, under which it can investigate whether non-EU bidders benefit from unjustified government support, such as preferential loans or subsidised energy, enabling unusually low offers.
Negotiations will determine the final system
The timetable depends on negotiations between the European Parliament and the Council of the EU. McGarry said the objective was a political agreement by the middle of next year and completion of the legislative act by the end of next year. Implementation of the digital platform would follow, depending on the legislation’s final form. The Commission also presents the procurement changes alongside measures for industry and electric vehicles. It estimates that using lower-carbon steel produced in the EU would add less than 200 euros to the cost of a car, while arguing that the figure should be considered alongside possible jobs and production benefits. These remain Commission proposals, so their eventual scope, compliance conditions and effect on tenders will depend on the negotiations.
IN NUMBERS
For businesses, the transferable change would be a move towards tenders that weigh defined quality, sustainability and supply-chain factors alongside price. For contracting authorities, the challenge would be to state those criteria clearly, apply them consistently and keep any European-content preference within the limits set by the final EU legislation and international commitments.
Reported from economedia.ro, 2026-10-12. The Tender Wire is published by Otnox.
