Public procurement in 2026: what concrete changes follow the new decrees?
Two decrees published on 30 December 2025 amend several key rules governing public procurement contracts: the increase and permanent application of certain thresholds, improved access for micro-enterprises and SMEs, and procedural adjustments in the event of performance-related contingencies. This overview sets out what has actually changed, what has been set aside, and what needs to be anticipated in practice.
What changes to public procurement thresholds were introduced by Decree No. 2025-1386 of 29 December 2025?
Decree No. 2025-1386 of 29 December 2025 amends and makes permanent certain thresholds applicable to public procurement contracts:
- the permanent increase to €100,000 (excluding VAT) of the threshold for works contracts exempt from advertising and competitive tendering procedures, applicable as from 1 January 2026;
- the increase of the threshold for exemption from advertising and competitive tendering from €40,000 to €60,000 (excluding VAT) for supply and services contracts, applicable as from 1 April 2026;
- as a consequential adjustment, the threshold for the obligation to make procurement documents available free of charge to economic operators on the contracting authority’s buyer profile is raised to €60,000 (excluding VAT) where the procedure involves the publication of a contract notice, applicable as from 1 April 2026 (Article R.2132-2 of the Public Procurement Code).
What are the latest measures for simplifying public procurement law?
Decree No. 2025-1383 of 29 December 2025 introduces various measures aimed at simplifying public procurement law:
- lowering of the maximum turnover requirement from twice to one and a half times the estimated contract value in order to facilitate access of micro‑ and small to medium‑sized enterprises (SMEs) to public procurement (Article R.2142‑7 of the Public Procurement Code);
- formal recognition of the possibility for the public buyer to approach the second‑ranked bidder when the successful tenderer is unable to perform the contract due to an unforeseen event or force majeure, prior to the contract being awarded (Article R.2181‑7 of the Public Procurement Code);
- clarification of the rules governing repayment of the advance: repayment begins only when the services performed by the contract holder themselves reach 65% of the total amount including VAT, excluding those carried out by subcontractors (Article R.2191‑11 of the Public Procurement Code).
- Some measures initially envisaged in the draft decree were ultimately not retained, including:
- the extension of the remit of the CCRA (Consultative Committees for Amicable Settlement) to concession contracts;
- raising the thresholds for innovative contracts to €140,000 excluding VAT to align with EU regulations;
- evaluating bids on the basis of prices including VAT rather than excluding VAT.
While these texts are part of a deliberate effort to simplify and accelerate public procurement procedures, certain measures — including the permanent increase of the €100,000 (excl. VAT) threshold for works contracts — raise questions regarding legal certainty and compliance with the fundamental principles of public procurement. Their legality may, if necessary, have to be confirmed by the Conseil d’État in the context of potential litigation.
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The Public Business Law team advises and litigates. It provides counsel to national and local public entities and their private partners, including industrial companies, financial institutions, and service providers.
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