Public Procurement Alert - January 2026

In the field of public procurement, the maximum contracting capacity (CMC) is the maximum amount for which a contractor is authorized to contract with the State simultaneously. To calculate the CMC, the previous regulations –Law No. 30225, the State Procurement Law, and its Regulations, approved by Supreme Decree No. 344-2018-EF– indicated that the capital stock multiplied by ten (10) plus the sum of the amounts of all the works registered as experience should be considered.

However, in 2025, with the entry into force of the new Law No. 32069, the General Law on Public Procurement, and its Regulations, approved by Supreme Decree No. 344-2018-EF (hereinafter, the “REGULATIONS”), modifications were introduced to the method for calculating the CMC (Coefficient of Completion of Works), so that it is now determined by adding the net amount of completed works and multiplying that value by the so-called “business management coefficient,” which is composed of three factors:

The same REGULATIONS stipulate that the initially granted CMC will remain valid as long as the experience supporting it does not exceed twenty (20) years. Should this time limit be exceeded, the National Registry of Suppliers (RNP) of the Specialized Agency for Efficient Public Procurement (OECE) will proceed to reduce it ex officio, in accordance with the corresponding directive.

Furthermore, the Third Transitory Supplementary Provision of the REGULATIONS determines that construction contractors who obtained their CMC through the method established in the previous regulations, which considered the amount of share capital, must carry out a CMC increase procedure no later than Monday, January 19 of this year, so that the OECE can re-evaluate and assign a new CMC in accordance with current criteria.

Once the deadline has passed, the RNP will automatically assign a new CMC (Company Management Coefficient), considering only the financial factor of the business management coefficient, without including experience or factors related to construction activity and project execution, with a limit of S/ 500,000.00 (five hundred thousand soles). Therefore, it is advisable to update the CMC, ensuring that it accurately reflects the experience and solvency of the supplier registered with the RNP as a construction contractor.