New Tender Legislation

The new tender legislation is stated on April 1, 2013. The law has been adapted by the First Chamber and the Council of the State. Amongst others, the measures of the newly stated law should lead to:

 

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more competition (and opportunities for SMEs)

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reducing administrative burdens

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a more uniform tendering approach

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a simpler handling of complaints

 

The recently stated amendment has a lot of consequences for negotiated contracts. This is not unusual, since almost 70% of the Dutch public purchase volume is related to assignments below the European threshold. Some of the most important consequences are:

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Principle of proportionality

More opportunities are given to the small and medium-sized enterprises and the self-employed to participate in the open tender due to the new tender legislation. According to the law, the requirements an entrepreneur sets should be commensurate with the command.

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No clustering of assignments

Assignments can no longer be clustered in a way that prohibits small and medium-sized enterprises from participating in the bid. For example, an organization with multiple establishments can no longer tender the cleaning of all their buildings to one company. This way, a smaller cleaning company can still participate in the bid.

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More uniformity in procurement rules

Especially for assignments that are not a European tender, companies manage different procedures for their tendering services. This leads to extra costs for the companies that use these services. The new tender law therefore also obliges the use of procedures for national tenders (ARW/Aanbestedingsreglement Werken).

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Obliged motivation

The company that provides a tendering service should be able to motivate its choices during the tendering project. For each tender a dossier should be composed.

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Creating social value

A tendering service should create as much social value as possible while entering an agreement.

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Tender/rejection

The tendering service communicates the accepted tender through a written notification with relevant reasons to all the subscribers.

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ARW 2013

Aanbestedingsrichtlijnen Werken (ARW 2013) is required to be applied.

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Information notice

The information notice is required to be applied in a tendering process.

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Tender criteria

The tender law dictates that a tendering service adopts the criterion of Economically Most Advantageous Tender instead of a lowest bid criterion.

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Complaints/Committee of procurement experts

The organization is requested to state a contact point for complaints. The reason for this is that suppliers can now file a complaint regarding a tendering project more easily. Next to that, a national contact point for complaints will be established, where suppliers can file their complaints if they cannot agree with the answers supplied by the contact point of the company. The possibilities for suppliers to file complaints is thus greatened.

Consequences

Because the new tender law has a lot of influence on negotiated contracts, we want to attend you on the (also financial) consequences. More opportunities are created for small and medium-sized enterprises to enter the bids due to this law. These companies especially will pay great attention to the governmental organizations and their compliance to the law. They are more likely to file a complaint since the threshold for filing a complaint is reduced through the instatement of a (national) contact point for complaints. Next to that, the new legislation will be monitored by accountants. A complaint can result in a procurement being shutdown, dissolved or in an annulment of a recently closed agreement and/or a fine.

Contact the Purchasing department

The department of Purchasing can help you to regulate your procurements smoothly, while taking into account the new legislation without getting into trouble. These problems with negotiated contracts and European tenders can be easily avoided if you contact the Purchasing department (in accordance with the attached and modified procurement procedures).

This notice and the modified procurement procedures can be found on the University’s intranet. If there are any questions or ambiguities regarding purchasing, please contact the department of Purchasing through Geert Jan Westhof, Manager Purchasing, on 053-4894548 or through mail: g.j.westhof@utwente.nl