Question 1

When do I have to tender at European level?

Accepted Answer

You must tender at European level when the estimated contract value (excluding VAT) equals or exceeds the European thresholds. For 2024-2025: works EUR 5,538,000, supplies and services EUR 143,000 (central government) or EUR 221,000 (sub-central authorities). Thresholds are revised every two years.

Question 2

What is the difference between an open and restricted procedure?

Accepted Answer

In an open procedure, anyone can directly submit a tender. In a restricted procedure, there is first a selection phase: interested parties apply, the contracting authority selects at least 5 suitable candidates, and only they are invited to submit a tender.

Question 3

Is the Guide to Proportionality mandatory?

Accepted Answer

Yes, the Guide to Proportionality is a mandatory guideline under Article 1.10 of the Procurement Act 2012. Contracting authorities must use the Guide as their starting point. Deviations are possible but must be justified in procurement documents (comply or explain).

Question 4

Can a contracting authority require a tenderer to be established in the Netherlands?

Accepted Answer

No, this violates the non-discrimination principle. Economic operators from all EU member states must be treated equally. No requirements may be set that disadvantage companies from other countries, unless objectively justified by the subject of the contract.

Question 5

How long is the standstill period?

Accepted Answer

The standstill period is at least 20 calendar days after the award decision. During this period, the contracting authority may not sign the contract. Rejected tenderers can object during this period, for example through summary proceedings.

Question 6

What is the difference between an exclusion ground and a suitability requirement?

Accepted Answer

Exclusion grounds are reasons to exclude an operator from participation (such as bankruptcy or criminal conviction). Suitability requirements are minimum conditions the tenderer must meet to prove capability (such as turnover, references, certifications).

Question 7

What is the European Single Procurement Document (ESPD)?

Accepted Answer

The ESPD is a standard form in which the tenderer declares compliance with exclusion grounds and suitability requirements. It replaces individual evidence in the first phase. Only after provisional award does the winning tenderer need to provide actual evidence.

Question 8

Can I file a complaint about the procurement procedure as a tenderer?

Accepted Answer

Yes. You can first file a complaint with the contracting authority itself (mandatory complaints procedure). You can also file with the Committee of Procurement Experts (non-binding advice). During the standstill period, you can also go to court for summary proceedings.

Question 9

What is a substantial modification to a contract?

Accepted Answer

A substantial modification is a change so significant that if it had been included in the original procedure, other tenderers might have participated or the outcome might have been different. Substantial modifications require a new procurement.

Question 10

Can a contracting authority require experience with their own organization?

Accepted Answer

No, this is not permitted. Requiring that a tenderer must have previously worked for the contracting authority violates the equal treatment principle. Comparable experience may be requested, without specifying which client.

Question 11

How long does an open procedure typically take?

Accepted Answer

An open procedure typically takes 16-24 weeks: preparation (4-8 weeks), tender period (30-35 days), evaluation (4-8 weeks), standstill period (20 days), and contract conclusion (1-2 weeks).

Question 12

What is the minimum tender period for a European procurement?

Accepted Answer

For an open procedure: minimum 35 days from publication (30 days for electronic submission). For a restricted procedure: 30 days for selection and 30 days (25 electronic) for tender. With prior information notice, this can be reduced to 15 days.

Question 13

What is a Clarification Note?

Accepted Answer

The Clarification Note is a document containing all questions from potential tenderers and answers from the contracting authority. Questions are anonymized. The Note is made available to all potential tenderers and becomes part of the procurement documents.

Question 14

How many parties must be invited to a multiple private tender at minimum?

Accepted Answer

The Procurement Act does not prescribe a legal minimum, but the Guide to Proportionality advises at least 3 parties. Many municipalities and authorities set 3 to 5 parties as minimum in their procurement policy.

Question 15

When may I use the competitive dialogue?

Accepted Answer

The competitive dialogue may be used when the contract is technically, legally, or financially complex and the contracting authority cannot define specifications, legal setup, or financing structure in advance. Examples: large ICT projects, PPP constructions, or area development.

Question 16

Can I as an entrepreneur cooperate with competitors in a tender?

Accepted Answer

Yes, you may form a consortium, provided it does not violate competition rules. It is not permitted to form consortiums solely to restrict competition. The contracting authority may not categorically prohibit consortium formation.

Question 17

What is a dynamic purchasing system (DPS)?

Accepted Answer

A DPS is a fully electronic procurement process for commonly used purchases. Unlike a framework agreement, a DPS remains open for new participants. Any economic operator meeting selection criteria can register during its duration.

Question 18

What is the difference between a framework agreement and a DPS?

Accepted Answer

In a framework agreement, contract partners are selected at the start and no new parties can join afterwards. In a DPS, new participants can join throughout the entire duration. A DPS is always electronic and continuously open.

Question 19

May a contracting authority negotiate with tenderers?

Accepted Answer

In open or restricted procedures, negotiation is not permitted. In competitive procedures with negotiation and competitive dialogue, negotiation is allowed. In private procedures, negotiation is generally possible if announced in advance.

Question 20

What is a market consultation and may I participate?

Accepted Answer

A market consultation is a preparatory phase where the contracting authority consults the market about a future contract. Participation is open to all interested parties and does not disadvantage you in the later tender, provided the authority ensures a level playing field.

Question 21

How do I determine the right award criterion?

Accepted Answer

MEAT is the default and suitable when quality differences are expected. Lowest price is only suitable for standard products with minimal quality differences. Lowest cost (lifecycle) is suitable when operational costs are significant.

Question 22

How high may I set a turnover requirement?

Accepted Answer

According to the Guide to Proportionality, the turnover requirement may not exceed 300% of the annual contract value. For a one-year contract of EUR 100,000, the maximum turnover requirement is EUR 300,000 per year.

Question 23

Must I divide my procurement into lots?

Accepted Answer

The Procurement Act requires you to consider division into lots. If you do not divide into lots, you must justify this. The purpose of lot policy is to give SMEs more opportunities. Clustering must also be justified.

Question 24

May I prescribe a specific brand or product in the specifications?

Accepted Answer

In principle, no. Technical specifications must be described functionally and may not reference a specific brand, product, or patent. Only when technically unavoidable may a brand be mentioned with the addition 'or equivalent'. The tenderer must then be able to demonstrate equivalence.

Question 25

How do I handle an abnormally low tender?

Accepted Answer

You may not directly reject an abnormally low tender. You are required to first request written clarification from the tenderer. The tenderer must be able to substantiate how they can execute the contract at that price. Only if the explanation is insufficient may you reject the tender.

Question 26

Must I include SROI (Social Return) in my procurement?

Accepted Answer

SROI is not legally required, but many governments have included in their procurement policy that SROI is applied by default for contracts above a certain value. The typical percentage is 2-5% of the contract value. Check your own procurement policy for specific rules.

Question 27

May I change my mind after the award decision?

Accepted Answer

Withdrawing an award decision is possible but exceptional. You must have a justified reason, such as an error in evaluation. After the standstill period and contract conclusion, withdrawal is much more difficult.

Question 28

How do I prevent the same supplier from always winning?

Accepted Answer

Focus on broadening access: divide into lots, set proportionate requirements, vary award criteria, publish national tenders on TenderNed, and consider a DPS instead of a framework agreement. A market consultation can also reach new parties.

Question 29

Which standard contract terms should I use?

Accepted Answer

Central government uses: ARIV (IT contracts), ARVODI (services), ARIC (consultancy). Municipalities often use VNG procurement conditions. For construction: UAV 2012 or UAV-GC 2005. Deviations from standard terms must be justified.

Question 30

How long may a framework agreement last?

Accepted Answer

The maximum duration of a framework agreement is 4 years, including extensions. In exceptional cases, when the nature of the contract justifies it, a longer duration may be used. This must be justified.

Question 31

How do I find relevant tenders?

Accepted Answer

The primary source is TenderNed (tenderned.nl), the official procurement platform. Additionally, use TED for European tenders and TenderView.ai for AI-powered matching and competitive analysis. Set up alerts for relevant CPV codes and contracting authorities.

Question 32

What are CPV codes and why are they important?

Accepted Answer

CPV codes (Common Procurement Vocabulary) are an 8-digit classification system for public contracts in the EU. They describe the subject of the contract. CPV codes are essential for finding relevant tenders through search engines and alert systems.

Question 33

How do I make a bid/no-bid decision?

Accepted Answer

Assess: does the contract fit your core competencies, do you have relevant references, is the team available, can you offer competitively, is the win probability realistic (>30%), and do you have sufficient capacity to prepare a strong bid? With low scores on multiple criteria, it's wiser not to bid.

Question 34

May I ask questions during a procurement procedure?

Accepted Answer

Yes, every procurement includes an opportunity to ask questions. These are answered (anonymized) in the Clarification Note, made available to all potential tenderers. Use the questions period strategically: ask about ambiguities, not about matters clearly stated in specifications.

Question 35

What should I do if I disagree with the award decision?

Accepted Answer

You have several options: (1) request a debriefing from the contracting authority, (2) file a complaint with their complaints procedure, (3) file with the Committee of Procurement Experts, (4) start summary proceedings at the civil court within the 20-day standstill period.

Question 36

Can I as a freelancer/sole proprietor bid on tenders?

Accepted Answer

Yes, freelancers may bid on tenders. Suitability requirements must be proportionate. You can rely on third parties to meet requirements, or form a consortium with other freelancers or companies.

Question 37

How do I write a good Plan of Approach?

Accepted Answer

Focus on: (1) show understanding of the assignment and goals, (2) describe your approach concretely and specifically for this contract, (3) explain WHY you choose this approach, (4) reference relevant experience, (5) address risks and mitigation, (6) be concrete about added value above the minimum.

Question 38

What if I don't meet all suitability requirements?

Accepted Answer

You can rely on third parties (subcontractors or partners) to meet suitability requirements, provided those organizations are actually made available for execution. You can also form a consortium with other companies that have the missing capabilities.

Question 39

How do I determine my pricing strategy for MEAT?

Accepted Answer

Analyze the price/quality ratio in the award model. If quality weighs heavily, invest in a strong qualitative proposal and accept a higher price. If price weighs heavily, look for efficiencies. Always calculate break-even: how many quality points is a EUR 1,000 price difference worth?

Question 40

May I modify my tender after submission?

Accepted Answer

No, after the deadline you cannot modify your tender. The contracting authority may only request clarification or supplementation, but this may not lead to substantial changes. Therefore always submit a carefully reviewed tender.

Question 41

What is the difference between a reference and a certification?

Accepted Answer

A reference is a previously executed comparable contract demonstrating your experience. A certification is formal proof that your organization meets certain standards (like ISO 9001, ISO 14001, VCA). Both can be requested as suitability requirements.

Question 42

What is the CO2 Performance Ladder and how does it work in procurement?

Accepted Answer

The CO2 Performance Ladder is a certification instrument with 5 levels encouraging companies to reduce CO2 emissions. In procurement, it's often applied as a fictitious price discount: the higher the level, the larger the discount (e.g., 2% per level).

Question 43

How do I fulfill an SROI obligation?

Accepted Answer

SROI can be fulfilled by: hiring people distant from the labor market, offering apprenticeships, outsourcing work to sheltered workshops, contracting social enterprises, or funding training programs. Contact the employer service point of the municipality.

Question 44

May a contracting authority require a specific environmental label?

Accepted Answer

A contracting authority may require that products meet the criteria of a certain label, but must also accept equivalent labels. It is not permitted to exclusively require one specific label and exclude all others.

Question 45

What is circular procurement?

Accepted Answer

Circular procurement aims to minimize resource use and waste by keeping products and materials in the cycle as long as possible. Examples: furniture with take-back guarantee, construction materials from recycled sources, and Product-as-a-Service models (leasing instead of buying).

Question 46

What are SPP criteria and where can I find them?

Accepted Answer

SPP criteria (Socially Responsible Procurement) are sustainability criteria per product group, available via mvicriteria.nl. They contain minimum requirements, award criteria, and contract conditions for environment, social return, and circular procurement.

Question 47

Must I calculate lifecycle costs in my tender?

Accepted Answer

Only if the specifications require it. Increasingly, tenders ask for lifecycle costs (TCO/LCC) instead of just purchase price. This includes: acquisition, energy consumption, maintenance, replacement, and disposal. This favors more sustainable but potentially more expensive products.

Question 48

What is TenderView.ai?

Accepted Answer

TenderView.ai is an AI platform for Dutch public procurement. It offers AI-powered tender matching, competitive analysis, organization profiles, pipeline management, and an AI assistant that answers questions about procurement.

Question 49

How do I calculate the estimated contract value?

Accepted Answer

The estimated value is the total value excluding VAT, including all options and extensions. For framework agreements: the maximum value of all contracts over the full duration. For recurring contracts: the total over 12 months. Artificial splitting is prohibited.

Question 50

What is a lot and when must I divide into lots?

Accepted Answer

A lot is a separate part of a procurement that can be awarded as an independent contract. The Procurement Act requires you to consider lot division to promote SME access. If you don't divide into lots, you must justify this in the procurement documents.

Question 51

What is electronic procurement and is it mandatory?

Accepted Answer

Electronic procurement is the fully digital handling of the procurement process. Since July 1, 2017, electronic communication is mandatory for all European tenders. This applies to publication, making documents available, and submitting tenders.

Question 52

May I as a foreign company bid on Dutch tenders?

Accepted Answer

Yes, under the non-discrimination principle, companies from all EU member states may bid on Dutch European tenders. No requirements may be set that disadvantage foreign companies. The ESPD is available in all EU languages.

Question 53

What is a reserved contract?

Accepted Answer

A reserved contract is a contract exclusively open to sheltered workshops or social enterprises aimed at integrating people with disabilities or disadvantages. At least 30% of employees must belong to the target group.

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