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 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.
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.
Notices of public contracts (federal, community and regional, local, etc.) are published in the Bulletin of Adjudications.
When contracts exceed certain amounts, notice must also be published in the Official Journal of the European Union (OJEU).
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.
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.
To bid on a public contract, various documents must be prepared.
The website PublicProcurement.be provides all the necessary information on public contracts.