On January 14, 2026, Supreme Decree No. 001-2026-EF entered into force. This legal provision includes amendments to the Regulations of Law No. 32069, the Public Procurement Law, with the purpose of “improving efficiency, predictability, and agility” in the management of public procurement processes.
Among the main points to be highlighted regarding the amendment is the strengthening of the functions assigned to the Specialized Agency for Efficient Public Procurement (OECE), as well as the main points of intervention of the Contracting Entities (DEC) within the procurement process, from the preparatory phases to the awarding of the contract to the selected bidder.
Among other amendments made to the Regulations are: the strengthening of prequalification and qualification criteria, the rules governing the bidding documents within the selection procedure, the relevance of information management within the Digital Platform for Public Procurement (PLADICOP), and the introduction of criteria for the entity in charge of supervising both works and works consultancy services. Likewise, significant changes have been introduced in the designation of the various dispute resolution mechanisms admitted by Law No. 32069, highlighting among these, as a requirement for contractual perfection, the registration of the administering centers of both the arbitral tribunal and the dispute prevention and resolution board in the Registry of Arbitral Institutions and Centers for the Administration of Dispute Prevention and Resolution Boards (REGAJU).
The amendment to the Regulations entails two main points: first, a more efficient systematization of both the procurement processes under Law No. 32069 and the internal organization of the contracting entities and their respective responsible departments, in their adaptation to these provisions; and second, greater dynamism within the market, with an increased flow of both information among each of the participants in the procurement processes and compliance by bidders with each qualification requirement, up to the perfection of the contract.
Among the main implications resulting from the amendment to the Regulations, mention can be made, first, of the institutional strengthening of public buyers; beyond compliance with registration requirements and all provisions issued by the OECE as the entity in charge of ensuring the efficiency of public procurement, the unification and standardization of the public buyer profile would prevent the future emergence of contingencies regarding the competence of the professionals in charge of public procurement.
The management of management tools is another point worth highlighting; the use of PLADICOP as a standardized system, both for the management of information to be channeled to future suppliers and for all provisions to be communicated within the procurement process, is a call not to remain detached from the effective combination of information technology development with more efficient public procurement management, from its earliest stages, thereby generating a flow of interaction within the market that enables effective compliance with all requirements.
Another aspect to be taken into account is the amendment of certain provisions regarding delivery systems admitted by law, in line with the economic criteria for the evaluation of bids in accordance with the amendment. Taking into account the conceptual clarifications established by the amendment for certain types of delivery systems, bid evaluation criteria are established with the aim that the assigned risk management is appropriate to the payment modality established for the project in question. This will allow for a balance in payment management, whether for the provision of construction services or for works consultancy services.
One point that does not go unnoticed is the relevance of registration in the Registry of Arbitral Institutions and Centers for the Administration of Dispute Prevention and Resolution Boards (REGAJU) of the various dispute resolution mechanisms admitted by law. This measure will standardize the landscape of dispute resolution mechanisms in public procurement and will promote greater specialization, both in the relevant legal and technical aspects, of those entities interested in participating as such in future projects.
As expected, for a large segment of the market, the amendment will expand the progressive systematization of public procurement in the country; however, from the outset, it is essential to have the greatest willingness on the part of each participant to ensure that these amendments become significant changes that effectively enhance public procurement in Peru.