New revision of the Public Procurement Code (PPC)

The new rules will apply to procedures beginning from that date. However, transitional rules will also apply. Accordingly, the amendments cover contract award procedures started after the revision comes into force, as well as the resulting contracts.

This informative note outlines the key points of the revision and sets out its practical implications for contracting authorities and economic operators. We also offer a set of preliminary recommendations.

For contracting authorities

Contracting authorities should start by reviewing their internal procurement cycle. In particular, they should consider the identification of public needs, estimated values, choice of procedure and reasons for that choice, definition of quality criteria, and monitoring of performance under the new rules.
The review should cover internal regulations, delegations of powers, templates for notices and invitations, tender and contract specifications, and evaluation models. It is also important to map current contracts and procedures already in progress to determine whether the new rules on objective modification and alternative dispute resolution already apply to them.

For economic operators

The revision changes both the range of opportunities available to economic operators and the level of preparation required. The new thresholds may lead to an increase in the use of prior consultation and direct award procedures. However, participating in procurement procedures will still depend on submitting the necessary documentation and meeting shorter deadlines, quality criteria, and environmental, employment, and social requirements.
Economic operators should also consider the following: (i) any special prior consultation procedures that may be launched; (ii) the possibility of submitting unsolicited proposals; (iii) access to contracts reserved on the basis of their status; and (iv) the free and temporary provision of technology solutions for technical evaluation and assessment of their suitability for public needs before procedures to procure information systems and technologies are launched. They should also consider the implications of digital procurement and the use of artificial intelligence in public procurement.

See the full informative note here.