Public contracts - Belgium

Updated 10/2012

Legal requirements

In Belgium there are three laws concerning the award and execution of public contracts:

Law of 24 December 1993 on public contracts and certain contracts for work, supplies and services, currently in force.
Law of 24 December 1993
Law of 15 June 2006 on public contracts and certain contracts for work, supplies and services, which, with the exception of several provisions, is not yet in force;
Law of 16 June 2006 on the awarding of contracts, information to candidates and bidders, and waiting periods for public contracts and certain contracts for work, supplies and services, which is not yet in force.
Laws of 15 and 16 June 2006

Types of public contracts

Public contracts are awarded through the following processes:

Adjudication: contract awarded solely on the basis of price;
Invitation to tender: contract awarded on the basis of several criteria (price, technical value, after-sales service, warranties, etc);
Negotiated procedure with publicity: contract awarded solely on the basis of price or on the basis of several criteria;
Negotiated procedure without publicity: the contracting authority negotiates the contract with one or more competitors under the principle of equal treatment;
Project competition: the contracting authority acquires a plan or project which has been chosen by a selection board;
Concession of public works: contract whereby the public or private contractor receives the right to exploit the work, with or without further remuneration in exchange for carrying out the project.
Public contracts
Details on each of the procedures

Notices of public contracts (federal, community and regional, local, etc.) are published in the Bulletin of Adjudications.

Bulletin of Adjudications
e-Notification

When contracts exceed certain amounts, notice must also be published in the Official Journal of the European Union (OJEU).

Official Journal of the European Union

Notices of public contracts: step-by-step guide

The awarding of a public contract is preceded by a preliminary phase during which the most suitable contract award procedure is decided and, if necessary, special specifications are stipulated.

The contract award process requires prior publication of a contract notification. Only the negotiated procedure without prior publicity allows the contracting authority, under specific legal circumstances, to contact one or more competitors to request bids and initiate negotiations.

The qualitative selection phase allows the contracting authority to verify the right to tender, personal status, authorisation to practice a profession, and financial, economic, technical and/or professional standing of each applicant or tenderer.

Tenders must be delivered to the contracting authority by the due date in the manner specified and in accordance with regulations. Following the review of all bids,

Public contracts are awarded to tenderers having submitted the lowest or most attractive bids, depending on the case.

Administrative procedures

Awarding of public contracts

The steps to follow to bid on an invitation to tender and execute a public contract are described on the website, PublicProcurement.be.

Public procurement.be

To bid on a public contract, various documents must be prepared.

Tender offer templates by procedure

Resources

The website PublicProcurement.be provides all the necessary information on public contracts.

PublicProcurement.be

Check also the legislation on this topic in:

Public contracts - Belgium

Legal requirements

Types of public contracts

Notices of public contracts: step-by-step guide

Administrative procedures

Awarding of public contracts

Resources

Still need help?

Enterprise Europe Network - Contact points

Public contracts - Belgium

Legal requirements

Types of public contracts

Notices of public contracts: step-by-step guide

Administrative procedures

Awarding of public contracts

Resources

Legal texts

Key documents

Still need help?

Enterprise Europe Network - Contact points