Important update on Belgian public procurement

May 6, 2026 

What changes will be introduced?

In order to simplify the procurement rules for public contracts, the preliminary draft law introduces the following amendments:

In order to simplify the procurement rules for public contracts, the preliminary draft law introduces the following amendments:

• The threshold for low-value contracts is raised from EUR 30,000 to EUR 75,000 (with an approved expenditure of EUR 90,000);
• Direct award is permitted for contracts with an estimated value of EUR 3,000 (with an approved expenditure of EUR 3,600);
• The regime for occasional purchases, previously available only in the utilities sectors, is extended to the classical sectors;
• Amendments are introduced regarding the use of electronic signatures;
• The implicit declaration on honor will apply whenever the estimated value falls below the European thresholds, regardless of the procedure used, and in clearly defined cases where the estimated value exceeds those thresholds;
• An electronic invoice will no longer be required where the contractor is not established in a country of the European Economic Area or in the case of an occasional purchase. The exemption for contracts awarded by autonomous public enterprises is abolished;
• Contracting authorities using the open procedure or the simplified negotiated procedure with prior publication are permitted to verify tenders before proceeding with the selection, including the verification of tax and social security debts;
• Award on the basis of the best price-quality ratio is introduced as the default award method for contracts with an estimated value equal to or exceeding the European thresholds;
• Contracting authorities are required to enable the use of the integrated European Single Procurement Document (ESPD);
• The obligation for the contracting authority to communicate to each tenderer its individual and provisional ranking immediately after the opening of tenders is extended to all contracts awarded through an open or restricted procedure where the most economically advantageous tender is determined solely on the basis of price;
• Several clarifications are introduced with respect to the life-cycle costing approach.

The preliminary draft law has been submitted to the Council of State for advisory review. A legislative amendment will therefore still take some time.

To be continued.