Public contracts - Netherlands
When choosing a company to supply it with goods or services, the Dutch government is expected to adhere to specific tendering procedures. The rules on tendering are listed in the Public Contracts Tendering Rules Decree and the Special Sectors Tendering Decree.
Types of public contracts
The following types of public contracts exist in the Netherlands:
- open (unrestricted) tendering : generally speaking anyone may enter the bidding process following publication of this form of tendering;
- restricted tendering: interested parties may register once this form of tendering has been notified. A minimum of five interested parties are then selected. These parties submit a bid, after which the contract is awarded to the successful bidder;
- negotiated tendering: invited parties (no fewer than two) may register for this negotiated round;
- single call for proposals: an agreement is reached on price and performance.
The Dutch government's aim with European tendering is to open up the domestic market to all EU businesses regardless of country of origin. No national government may favour companies from its own country when awarding contracts and all bidders must be given a fair opportunity.
National public procurement authorities
One of the Dutch Competition Authority 's golden rules is that no businesses may enter into any anti-competition arrangements, or cartels.
The Aanbestedingskalender.nl website provides details of some of the Dutch government's tendering procedures and also publishes (prior) notifications and tendering awards.
From 2010, services inviting tenders will be expected to notify details of their assignments and duties via the TenderNed.nl website. Businesses may use TenderNed in order to express interest in a particular contract and to register for assignments.
The aanbestedingskalender.nl website lists the Dutch government's tendering procedures.
Check also the legislation on this topic in: