Private tender procedure: single versus multiple and when it is allowed

Introduction

A private tender procedure is a national procurement procedure in which a contracting authority itself decides which economic operators to approach, without a mandatory publication on TenderNed. Private tendering is intended for contracts below the European thresholds and comes in two forms: the single private procedure (one party, direct award) and the multiple private procedure (several parties submitting a quotation).

Private tendering gives contracting authorities more speed and flexibility than an open or restricted procedure, but the principles of the Aanbestedingswet 2012 (Dutch Public Procurement Act 2012) still apply. This page provides a standalone overview of the private procedure: what it is, the difference between the two forms, when it is allowed, the process step by step, and what it means for rejected tenderers and for small and medium-sized enterprises (SMEs).

What is a private tender procedure

In a private tender procedure, the contracting authority specifically invites one or a few economic operators. There is no public notice on which any interested party can bid. This is the main difference from the open procedure, where the contract is publicly announced and every operator may participate.

The private procedure is a national procedure. It is only allowed below the European thresholds; above them the European procurement directives (2014/24/EU) apply and publication is mandatory. Although the procedure is free of form, the contracting authority is bound by the general principles of the Aanbestedingswet 2012: equal treatment, transparency, proportionality and non-discrimination.

In the Dutch procurement landscape, the vast majority of published contracts are European or national-open procedures. Most private tenders are precisely not published, which means they remain largely invisible in public sources such as TenderNed. In the TenderView dataset only a small share of records is explicitly labelled as a private procedure; this reflects the nature of the procedure, not its true market volume.

Single versus multiple private tendering

The private procedure has two variants. The difference lies in the number of operators approached and the degree of competition.

Indicative characteristics; the exact value limits are set by the contracting authority's procurement policy and the Gids Proportionaliteit (Proportionality Guide).

In the single private procedure, the contracting authority directly approaches one operator and awards the contract without inviting other parties. This is also called a 1-on-1 award or direct award and is intended for the smallest contracts, where the cost of an extensive procedure is out of proportion to the contract value.

In the multiple private procedure, the contracting authority invites a limited number of operators to submit a quotation, creating competition between the invited parties. The Gids Proportionaliteit advises inviting no more parties than necessary, but not so few that real competition is undermined; in practice three to five operators are usually approached. A detailed explanation of both forms is available in the separate knowledge base articles on the single and the multiple private tender.

When it is allowed: thresholds and the Proportionality Guide

Whether private tendering is allowed depends on the estimated value of the contract. Above the European thresholds a European procedure is mandatory and the contract may not be awarded privately. Below the threshold the contracting authority decides which procedure is appropriate, within the limits of the Gids Proportionaliteit and its own procurement policy.

The Gids Proportionaliteit (a mandatory guideline under the Aanbestedingswet 2012) advises, per contract value, which procedure to choose. The principle is that the weight of the procedure must be proportionate to the size and nature of the contract. The guide broadly follows this line:

The Gids Proportionaliteit gives indicative values, not hard limits. Contracting authorities set the exact amounts in their own procurement policy; deviation follows a "comply or explain" rule.

For the current European thresholds, please see the dedicated knowledge base article. These amounts are revised every two years by the European Commission and differ by type of contract (works, supplies, services) and by type of contracting authority.

An important point is the anti-splitting rule: a contract may not be artificially split to stay below a threshold and thus be awarded privately. The estimated value must cover the full, coherent contract.

The process step by step

The private procedure is free of form, but a careful and traceable process reduces the risk of complaints and objections. The steps differ slightly between the single and the multiple variant.

1. Needs assessment and estimate. Define the scope and estimate the value of the contract. The estimate determines which procedure is allowed.
2. Procedure choice. Test the estimate against the Gids Proportionaliteit and procurement policy and choose single or multiple private.
3. Selection of operators. Objectively decide which parties to approach. For the multiple variant: draw up a justified list and rotate suppliers to give new parties a chance.
4. Invitation and request. Give all invited parties the same information: description of the contract, schedule of requirements, award criteria and weighting, draft agreement and timeline.
5. Questions round. Offer the opportunity to ask questions and answer them to all invited parties, so no one gains an information advantage.
6. Evaluation. Assess the quotations against the criteria announced in advance and record the assessment in a report. Preferably use an evaluation committee of several people.
7. Award and justification. Inform all parties of the outcome and justify the choice, especially towards rejected tenderers.

In the single private procedure, the selection and evaluation steps largely fall away; in return, the choice of a single supplier must be justified with extra care and the price must be demonstrably market-conforming.

Rights of rejected tenderers and transparency

Private procedures have no statutory mandatory standstill period as European tenders do. Nevertheless, on the basis of the transparency principle and the Gids Proportionaliteit, it is good practice to inform rejected tenderers promptly and with reasons.

• Transparency: All invited parties receive the same criteria and information in advance; the assessment takes place on those announced criteria.
• Justification: A rejected tenderer is entitled to reasons for the rejection, so the choice is traceable.
• Objection: A tenderer who believes the principles have been breached can file a complaint with the contracting authority and, if necessary, refer the matter to the Commission of Procurement Experts (Commissie van Aanbestedingsexperts) or the court.
• Voluntary waiting period: It is best practice to wait a few days after the award decision before signing the agreement, leaving room for objection.

In the single private procedure there are by definition no rejected tenderers, because only one party is approached. That is precisely why a sound internal justification of the supplier choice is all the more important.

How to get on the invitation list

For businesses, and SMEs in particular, private procedures are an important but hard-to-find source of contracts. Because there is no publication, you cannot bid on them; you must first be invited. The following steps increase your chances of an invitation:

• Make yourself findable: Maintain an up-to-date profile, clear references and relevant CPV codes (Common Procurement Vocabulary), so buyers find you during market exploration.
• Build a track record: Private contracts are often awarded to parties with demonstrable experience and good performance on similar contracts.
• Maintain relationships: Make yourself known to the procurement departments of relevant contracting authorities and keep your details current in their supplier registers.
• Follow market consultations: Participating in a market consultation or prior notice puts you on a buyer's radar early.
• Use SME-friendly policy: Many contracting authorities deliberately rotate their invitations to give new and local parties a chance; present your distinctive strengths clearly.

Practical tips

For contracting authorities

• Carefully test the estimated value against the Gids Proportionaliteit and record the procedure choice.
• Rotate invited parties and avoid structurally approaching the same suppliers.
• Document selection, evaluation and award, even though publication is not mandatory.
• Do not artificially split contracts to stay below a threshold.

For tenderers

• Keep your company profile, references and CPV codes up to date so buyers find you.
• Respond quickly and completely to a request for quotation; lead times are often short.
• Ask for reasons on rejection and use them to improve your next quotation.
• Monitor prior notices and market consultations as early signals.

Conclusion

Private tendering is the collective name for the single and the multiple private procedure: national, unpublished procedures for contracts below the European thresholds. The single variant is a direct award to one party; the multiple variant puts a limited group of operators in competition. The choice between them follows from the estimated value, the Gids Proportionaliteit and procurement policy, while the principles of the Aanbestedingswet 2012 always remain in force.

For businesses, visibility is key: because private contracts are not published, a strong profile with clear references and the right CPV codes matters. TenderView.ai helps keep the market manageable with real-time alerts for new tenders and AI support for understanding tender documents, so you appear on the radar of the right buyers in time. Browse the current tenders and keep the published market in view alongside your private opportunities.