The Act on Accelerating Public Procurement (Public Procurement Acceleration Act) took effect on July 1, 2026. It is intended to simplify, accelerate, make more flexible, and digitize public procurement law; promote small and medium-sized enterprises; and increase the participation of young and innovative companies in public procurement. The BDI supports these goals but sees both positives and negatives when viewed as a whole.

Whether a public construction contract worth 5,404,000 euros or 5,403,999.99 euros is awarded to a bidder has significant implications for legal protection. While the awarding of a construction contract worth 5,404,000 euros or more is subject to effective legal protection under public procurement law—which can prevent the unlawful awarding of the contract to a competitor—such protection does not exist for contracts below this threshold. The BDI is calling for harmonization.

Public procurement law is increasingly shaped by factors other than the quality of the service and the price. Social criteria often take center stage here. For example, the awarding of public contracts is sometimes contingent on a company promoting women or apprentices, or paying equal pay to men and women. The BDI criticizes this requirement, which often applies exclusively to procurements by public contracting authorities.