EFCI Welcomes the European Commission’s Proposed Public Procurement Regulation

As of the 9th of September, the European Cleaning and Facility Services Industry (EFCI) welcomed the European Commission’s publication of its proposed Public Procurement Act, describing it as a significant step towards a more quality-driven and sustainable procurement framework across the European Union. 

A closer examination of the proposal reveals several positive developments in the cleaning and facility services sector. Chief among them is the Commission’s proposal to establish the Best Price-Quality Ratio (BPQR) as the standard award method. In addition, the Act introduces a minimum quality weighting of 50% for labour-intensive contracts, marking a clear shift away from procurement decisions driven primarily by cost considerations. 

For the first time, the proposal also introduces a specific legislative definition of labour-intensive contracts. This provides a clearer framework for procuring services whose successful delivery depends predominantly on the workforce performing the contract. Alongside this, the Commission has strengthened the foundations of socially responsible public procurement by explicitly recognising objectives such as high-quality employment, improved working conditions, training and skills development, collective bargaining, social dialogue and greater social inclusion. 

The proposal further reinforces rules governing abnormally low tenders, an issue that has long raised concerns within the sector. Under the new framework, contracting authorities will be required to investigate bids that appear unusually low when compared with market prices, competing tenders or similar contracts. Authorities must assess whether such bids remain economically viable and capable of ensuring compliance with contractual, labour and regulatory obligations throughout the contract period. Where bidders fail to provide satisfactory explanations, their tenders will be rejected. 

Taken together, these measures represent a substantial advancement towards a procurement system that places greater emphasis on quality, sustainable contract performance and the specific characteristics of labour-intensive services. 

However, despite the positive direction of travel, the EFCI believes that important gaps remain. Key issues, including mandatory price adjustment mechanisms to reflect rising costs, comprehensive feedback for unsuccessful tenderers and strengthened EU oversight, are not yet adequately addressed within the current proposal. 

To tackle the challenge of ongoing market volatility, the EFCI is calling for the introduction of mandatory price-review clauses in public contracts. Such provisions would help ensure that service providers can continue delivering quality services despite significant increases in labour, energy or operational costs over the lifetime of a contract. 

EFCI also urges the European Commission to establish standardised EU-wide rules requiring contracting authorities to provide detailed feedback to unsuccessful tenderers. Greater transparency in the procurement process would help improve competition, build trust, and support continuous improvement among service providers. 

In addition, the EFCI stresses that consistent EU oversight will be essential to ensure that Member States implement and enforce these transparency measures effectively. To support this process, the EFCI stands ready to lend its industry expertise to ongoing discussions and help shape a workable, fair implementation across all Member States.