Public Procurement Act in Bulgaria: full legal analysis 2026
Professional analysis of Bulgaria's Public Procurement Act (ЗОП) in 2026: award procedures, value thresholds, appeals to the КЗК and the latest amendments.
The Public Procurement Act (Закон за обществените поръчки, ЗОП) is one of the most frequently amended laws in Bulgaria, with more than 23 amendments and supplements since it was adopted in 2016. The latest change was promulgated in State Gazette (ДВ) No. 16/2026. For lawyers working in the public sector, knowing the current wording is not just useful but mandatory.
With an annual volume of public procurement exceeding billions of leva, the ЗОП governs the spending of public funds and ensures transparency in awarding contracts. This analysis covers the structure of the act, the types of procedure, the current value thresholds, appeals to the Commission for Protection of Competition (КЗК) and the Supreme Administrative Court (ВАС), and the latest legislative amendments.
❓What does the Public Procurement Act regulate?
Source: ЗОП, Art. 1 to 3
Purpose, principles and scope of the ЗОП
The ЗОП transposes Directive 2014/24/EU of the European Parliament and of the Council and introduces a single legal framework for awarding public contracts in Bulgaria. The act is based on the principles of the Treaty on the Functioning of the European Union (TFEU, in Bulgarian ДФЕС), in particular the free movement of goods, freedom of establishment and freedom to provide services.
Public Procurement Act (ЗОП)
Art. 2(1)
Official Bulgarian text
„Обществените поръчки се възлагат в съответствие с принципите на Договора за функционирането на Европейския съюз (ДФЕС) и по-специално тези за свободно движение на стоки, свобода на установяване и свобода на предоставяне на услуги и взаимно признаване.“
The scope covers three categories of subject matter under Art. 3 ЗОП: construction, supplies and services. The exceptions to the scope are set out exhaustively in Art. 13 to 17 and include contracts related to defence and security (under specific conditions), employment contracts, certain financial services and others.
Contracting authorities: public and sectoral
The ЗОП distinguishes two main categories of contracting authority. Public contracting authorities under Art. 5(2) include a wide range of state bodies and institutions, while sectoral contracting authorities under Art. 5(4) cover public undertakings and persons with special or exclusive rights in the water supply, energy, transport and postal services sectors.
| Criterion | Public contracting authorities (Art. 5(2)) | Sectoral contracting authorities (Art. 5(4)) |
|---|---|---|
| Examples | President, Council of Ministers, ministers, mayors, Bulgarian National Bank, municipal councils | Public undertakings; persons with exclusive rights (water and sewerage, electricity distribution) |
| Procedures | All under Art. 18 ЗОП | Including negotiation with a prior call (Art. 18(1), item 4) |
| Thresholds (supplies/services) | BGN 273,812 (central) / BGN 420,497 (others) | BGN 842,950 |
| Delegation | Art. 7(1): to deputies or heads of separate units | Art. 7 applies accordingly |
With the amendments in State Gazette (ДВ) No. 67/2024, Art. 7(1) was supplemented so that the powers to award contracts can now also be delegated to heads of separate units of the contracting authority, and not only to deputies. This is a practically important change for large contracting authorities with territorial structures.
Value thresholds 2024 to 2026
With the Act amending the ЗОП (ЗИД ЗОП, ДВ No. 88/2023, in force from 1 January 2024) the value thresholds that determine the applicable procedure were updated. These thresholds correspond to the thresholds in Commission Delegated Regulation (EU) 2023/2495.
| Category | European threshold (ЗОП Art. 20(1)) | National threshold (Art. 20(3) and (4)) |
|---|---|---|
| Construction | BGN 10,526,116 | Notice: BGN 80,000 to 300,000; below BGN 80,000: direct award |
| Supplies/services (central public authorities, Art. 5(2), items 1 to 4) | BGN 273,812 | Notice: BGN 50,000 to 100,000; below BGN 50,000: direct award |
| Supplies/services (other public authorities, Art. 5(2), items 5 to 21) | BGN 420,497 | Notice: BGN 50,000 to 100,000; below BGN 50,000: direct award |
| Sectoral contracting authorities | BGN 842,950 | Higher national thresholds |
| Services under Annex 2 | BGN 1,466,850 | Below BGN 100,000: direct award |
Caution
The value thresholds for direct award under Art. 20(4) do not release the contracting authority from the obligation of publicity. Even for values below the thresholds, the contracting authority must observe the principles of Art. 2 ЗОП and document the choice of contractor.
Types of award procedure
Art. 18(1) ЗОП provides for eight types of award procedure, and the choice depends on the value of the contract, its subject matter and the presence of specific circumstances. In addition, Art. 20(3) provides for a simplified procedure of collecting offers by notice for values between the national and the European thresholds.
Public Procurement Act (ЗОП)
Art. 18(1)
Official Bulgarian text
„Възложителите възлагат обществените поръчки чрез следните процедури: 1. открита процедура; 2. ограничена процедура; 3. състезателна процедура с договаряне; 4. договаряне с предварителна покана за участие; 5. договаряне с публикуване на обявление за поръчка; 6. състезателен диалог; 7. партньорство за иновации; 8. договаряне без предварително обявление...“
Choosing a procedure by value
Above the European threshold
Between the national and the European threshold
Between BGN 50,000/80,000 and the national threshold
Below BGN 50,000/80,000
Above the European threshold
Between the national and the European threshold
Between BGN 50,000/80,000 and the national threshold
Below BGN 50,000/80,000
Ask Pravko and get an answer with citations from the law.
The centralised electronic platform (ЦАИС ЕОП)
Since 2020 all public procurement procedures must be conducted through the Centralised Automated Information System "Electronic Public Procurement" (ЦАИС ЕОП). It was introduced in stages: from January 2020 for the large contracting authorities, and from June 2020 for all the others. The platform provides electronic exchange of documents, submission of offers and publicity of the procedures.
ЦАИС ЕОП
Mandatory electronic platform for all public contracts since 2020
The buyer profile is a mandatory element of the ЦАИС ЕОП and contains all the procurement documentation of the respective contracting authority. Violations in the use of the platform, including failure to publish mandatory information, can lead to administrative sanctions under Chapter Sixteen of the Rules for the Implementation of the Public Procurement Act (ППЗОП). Read a detailed analysis of the rules in: ППЗОП: Rules for the Implementation of the ЗОП, analysis 2026.
Appeals to the КЗК and the ВАС
The system of legal protection in public procurement has two instances: a first-instance appeal before the Commission for Protection of Competition (КЗК) and a cassation appeal before the Supreme Administrative Court (ВАС). The decisions of the contracting authority on selecting a contractor, terminating the procedure, ranking the participants and others can be appealed.
10 days
Preclusive deadline for an appeal under Art. 197(1) ЗОП, counted from notification of the respective decision of the contracting authority
Public Procurement Act (ЗОП)
Art. 197(1)
Official Bulgarian text
„Жалба може да се подава в 10-дневен срок от уведомяването за съответното решение, а ако не е уведомен - от датата на узнаването или от датата, на която е изтекъл срокът за извършване на съответното действие.“
Appeal proceedings
Filing an appeal with the КЗК
Ruling by the КЗК
Cassation appeal before the ВАС
Filing an appeal with the КЗК
Ruling by the КЗК
Cassation appeal before the ВАС
Important
Missing the 10-day deadline under Art. 197(1) ЗОП is preclusive, which means that the right to appeal is extinguished irrevocably. The deadline cannot be restored under the Administrative Procedure Code (АПК). Watch the date of the notification carefully.
Latest amendments: 2023 to 2026
The ЗОП has undergone a number of significant amendments in the period 2023 to 2026. The main changes concern the value thresholds, the delegation of powers, the electronic platform and the grounds for excluding participants.
Act amending the Public Procurement Act (ЗИД ЗОП)
State Gazette (ДВ) No. 88/2023
Official Bulgarian text
„Закон за изменение и допълнение на ЗОП, приет от 49-ото Народно събрание на 5 октомври 2023 г.“
| Amendment (ДВ) | In force from | Main changes |
|---|---|---|
| ДВ No. 88/2023 | 22 December 2023 / 1 January 2024 | New European thresholds; delegation of powers; ЦАИС ЕОП improvements; media services |
| ДВ No. 67/2024 | 6 August 2024 | Supplement to Art. 7(1): delegation to heads of separate units |
| ДВ No. 61/2025 | 31 January 2026 | Amendments to Art. 54(1), item 1 and Art. 157(1), item 1: replacing 'Art. 108а' with 'Art. 114а to 114т' of the Criminal Code (НК) (crimes against the financial interests of the EU) |
| ДВ No. 16/2026 | 2026 | Latest amendments and supplements |
The amendments in ДВ No. 61/2025 deserve special attention. They bring the grounds for mandatory exclusion into line with the new structure of the Criminal Code concerning crimes against the financial interests of the EU (Art. 114а to 114т НК). This means that participants convicted of these crimes are subject to mandatory exclusion from ЗОП procedures.
A practical guide for lawyers
Checklist for contracting authorities
Determine the estimated value under the rules of Art. 21 ЗОП*
Choose the type of procedure according to the value and subject matter (Art. 18, Art. 20)*
Prepare the documentation and the notice in the ЦАИС ЕОП*
Check the grounds for mandatory exclusion under Art. 54 ЗОП*
Observe the deadlines for publishing the notice*
Appoint a committee for examination and evaluation (Art. 103)*
Arrange prior control by the Public Procurement Agency (АОП) where necessary
Document the whole process in the contract file*
* Mandatory documents
Checklist for participants/candidates
Check whether you meet the selection criteria (Art. 59 to 64)*
Complete and submit the ЕЕДОП (European Single Procurement Document)*
Prepare and submit the offer through the ЦАИС ЕОП on time*
Check that there are no grounds for exclusion under Art. 54 and Art. 55*
If you disagree with a decision of the contracting authority, appeal within 10 days to the КЗК
Prepare evidence of technical and professional ability*
* Mandatory documents
Information
Pravko provides legal information, but it does not replace consulting a lawyer. For specific public procurement cases, consult a licensed lawyer who specialises in administrative law.
⚠️ Important
Pravko provides legal information, but it does not replace advice from a lawyer. For important legal matters, consult a licensed lawyer.
