What is new in procurement law in 2026

By Sebastian LöfflerLegal status: 6 August 2026Reading time: 5 minutes
Contents of this page
  1. Germany
  2. New thresholds
  3. Value limits in construction
  4. Austria

Procurement law changed noticeably in 2026, in Germany as well as in Austria. Here we collect what is actually in force, with source references. This lets you see at a glance what is applicable law, even where other sources still describe older versions.

Germany

On 1 July 2026, the Act to Accelerate the Award of Public Contracts (Gesetz zur Beschleunigung der Vergabe öffentlicher Aufträge) entered into force, promulgated in the Federal Law Gazette on 12 May 2026. It is an omnibus act with 15 articles and amends, among others, the Act against Restraints of Competition (GWB), the Public Procurement Regulation (VgV), the Federal Budget Code (Bundeshaushaltsordnung), the Sector Regulation (Sektorenverordnung) and the Competition Register Act (Wettbewerbsregistergesetz).

A common mix-upThe frequently cited “Vergaberechtstransformationsgesetz” (Public Procurement Transformation Act) never entered into force. It lapsed under the principle of discontinuity after the 2025 federal election. Guidance pages that describe it as applicable law are out of date. “Vergabebeschleunigungsgesetz” (Procurement Acceleration Act) is also merely a label used in the press, there is no official short title.

New thresholds since January 2026

The EU thresholds for 2026 and 2027 have fallen compared with the previous period. For works contracts the limit is €5,404,000, for supplies and services of most contracting authorities €216,000. A change that is easily overlooked: the lower value of €140,000 now only applies to the Federal Chancellery and the federal ministries, no longer to all supreme federal authorities. The details are in the article on thresholds.

Value limits in construction since January 2026

Since 1 January 2026, new value limits under Section 1 of the Construction Contract Procedures (VOB/A) apply to construction works below the thresholds. The restricted invitation to tender without a competitive call for participation is now permitted up to €150,000 across the board. Previously it was staggered by trade between €50,000 and €150,000. The limit for award by negotiation (freihändige Vergabe) rose from €10,000 to €100,000, and the limit for direct awards from €3,000 to €50,000.

Austria

The Public Procurement Law Act 2026 (Vergaberechtsgesetz 2026) entered into force on 1 March 2026, and the parts on eForms follow on 1 October 2026. The Threshold Regulation (Schwellenwerteverordnung) was repealed and the values were transferred into permanent law. Direct awards are possible up to €200,000 for construction works and up to €140,000 for supplies and services. From €50,000, three offers must be obtained and documented.

One difference from Germany that matters to bidding companies: in Austria there is no duty to give notice of objection (Rügeobliegenheit). Instead, short time limits run directly to the Federal Administrative Court, ten days for electronic transmission and fifteen days for transmission by post.

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Sources
  1. Act against Restraints of Competition (GWB), Part 4. gesetze-im-internet.de
  2. Public Procurement Regulation (VgV). gesetze-im-internet.de
  3. Act to Accelerate the Award of Public Contracts of 12 May 2026, Federal Law Gazette (BGBl.) 2026 I No. 137. Legal text
  4. Notice of the Federal Ministry for Housing, Urban Development and Building (BMWSB) amending the Construction Contract Procedures (VOB/A) of 24 November 2025, Federal Gazette (BAnz AT) 16 December 2025 B7.
  5. Public Procurement Law Act 2026 (Vergaberechtsgesetz 2026, Austria), BGBl. I No. 8/2026.
NoteThis article provides general information and does not constitute legal advice. In individual cases, you should seek expert advice. We review this page regularly to keep it up to date. You will find the legal status at the top.