Alert
Public Procurement Alert - January 2026
January 15, 2026
AMENDMENTS TO THE REGULATIONS OF THE GENERAL LAW ON PUBLIC PROCUREMENT
On January 8, 2026, Supreme Decree No. 001-2026-EF was published in the Official Gazette El Peruano, amending various provisions of the Regulations of Law No. 32069, the General Law on Public Procurement, approved by Supreme Decree No. 009-2025-EF (hereinafter, the “Regulations of the LGCP”).
Essentially, this regulatory amendment aims to clarify, supplement, and standardize the wording of the Regulations of the LGCP, in order to ensure the correct interpretation, application, and implementation of the regulatory framework, thereby strengthening the efficiency, predictability, and agility of procurement processes.
It should be noted that these modifications will take effect the day after the publication in the Official Gazette El Peruano of the Director's Resolution approving the amendment to the "Directive Establishing Standard Bases for Selection Procedures under Law No. 32069, General Law on Public Procurement," approved by Director's Resolution No. 0015-2025-EF/54.01.
Below, we detail the main modifications, related to the following matters:
- Preparatory Actions:
- It is anticipated that the purchasing officer or the committee, when drafting the bidding documents, may add, remove, or adjust the optional evaluation factors proposed in the procurement strategy, provided that the evaluation, accreditation, scoring, and methodology for their allocation, as stipulated in the standard bidding documents, are respected.
- After drafting the bidding documents and before issuing the call for bids, the procurement department (DEC) may submit them to one or more members of the selection committee for review of the evaluation, accreditation, scoring, and allocation methodology. If any member of the selection committee submits proposed modifications, the DEC will decide whether to incorporate them into the bidding documents.
- Selection Phase:
- The prequalification evaluation will be carried out in two substages: (i) an initial prequalification substage, applicable to all prequalification scenarios, and (ii) a second substage, according to the type of selection procedure: a) a final prequalification substage; b) a negotiation substage; and c) a competitive dialogue substage. The second substage will result in the submission of a final offer, a preliminary offer, and proposed solutions, respectively.
- In selection procedures evaluated by juries, the review of the qualification requirements of the accepted offers will be the responsibility of the DEC, which may request the opinion of the jury members for this purpose.
- It should be noted that errors or omissions in documents issued by public entities or a private entity exercising a public function may be corrected, provided they were issued prior to the date established for the submission of offers.
- In the case of goods and services, when (i) an offer is submitted that is below the contract amount, (ii) it does not include any of the required services, or (iii) the required services are not sufficiently budgeted, the contracting entity may request a detailed description of the supplier's offer. If the contracting entity objectively determines a probable breach of the offered services, it may reject the offer.
- Award of the contract and contract execution:
- In electronic reverse auction procedures for pharmaceutical products and medical devices, it will be possible to award the contract if only one offer is submitted.
- It is established that, when submitting the documents for signing the contract, the winning bidder must communicate the arbitration institution (“institution”) and the JPRD administration center (“center”), chosen from the lists of three (3) institutions and three (3) centers proposed by the contracting entity. If the bidder does not agree with any of the institutions and/or centers, they must propose three (3) additional institutions and/or three (3) additional centers, as the case may be.
- National Registry of Suppliers (RNP):
- It is indicated that construction contractors and construction consultants may accredit experience derived from a corporate reorganization. Exceptions and other circumstances in which the experience presented by the supplier is not considered valid will be established by the OECE through a directive.
- Dispute Resolution:
- The arbitration institution and the JPRD administration center will be selected through the following procedure: (i) the contracting entity must propose three (3) institutions and three (3) centers; (ii) the winning bidder must communicate the chosen institution and center, or propose three (3) additional institutions and three (3) centers if they do not agree with any of the options; (iii) if the contracting entity also does not choose any of the institutions or centers proposed by the winning bidder, a drawing will be held using the consolidated list of the six (6) proposed institutions and centers.
- For the formation of the JPRD, the parties will propose an adjudicator registered on the payroll of the designated center. In the absence of an agreement, the center will make the appointment. If it is determined that the JPRD will have more than one member, each party will appoint one member registered on the payroll of the designated administrative center, with the third member being appointed by the center itself.
- Appeals Procedure:
- It is clarified that appeals filed by those who did not participate as bidders in the selection process will be summarily rejected by the contracting entity's records office or the Public Procurement Tribunal.
- Infractions and Sanctions Regime:
- It is specified that, in the case of consortia where two or more parties have been notified of the initiation of the sanctioning procedure, the suspension of the statute of limitations will begin the day after the date of the last notification of said initiation.
- In the event of the submission of a false document or one with inaccurate information, any sanction below the legal minimum will require proof of the initiation of the corresponding criminal action, including, at a minimum, the formal commencement of the preliminary investigation.