Public contracts must follow certain legal principles, including transparency, equal treatment of competitors and equal opportunities.
You can find the basic rules of public contract law in Luxembourg the Law on public contracts.
Types of public procurement
There are several types of procedure for awarding public contracts:
- Normal procedures, which include the public tender and restricted tender with publication of a notice;
- Exceptional procedures, which include the negotiated contract and the restricted tender without publication of a notice.
Tendering procedure: step-by-step guide
A public contract bid includes specifications to guarantee that the operators meet the requirements. Price is not the only criterion; quality criteria such as time taken to complete the contract and after-sales services are also taken into account. If a company considers it has been unfairly treated, it may lodge an appeal.
Types of public contracts
Public contracts are made between a business owner, supplier or service provider and an awarding authority (e.g. state, local and regional authorities, or institutions governed by public law). The contracts relate to carrying out works, supplying products or providing services.
There are different types of public contracts:
- award by separate trade associations (one contract for each association);
- award by lots (subdivision of services within a single trade association);
- award as a general project (covers all associations involved in a project).
National public procurement authorities
The public contracts portal publishes the notices of all the procedures for which publication in the national press and possibly also the Official Journal of the European Union is mandatory.
As a rule, the granting authorities place their public contracts for works, goods and services by an open procedure. They may make exceptions to this rule by applying:
- a restricted procedure with publication of notice ;
- a restricted procedure without publication of notice ;
- a negotiated procedure.
Contractors must send their tender file to the awarding authority.
Framework agreements set out the conditions governing the contracts to be awarded in a given period.
Under certain specific conditions, the awarding authority may opt for an exceptional procedure.
It is possible to opt for a negotiated procedure or a restricted procedure without publication of notice.
The public contracts portal and the Chamber of Trades both publish notices. There is also a special portal for construction contracts: the Luxembourg construction portal.
The Grand Duchy also provides services to companies on its public contracts portal, particularly on the page dedicated to notices of contracts.
To receive the latest information on public contracts, you can subscribe to the portal's alert service.