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Contracting authorities
• 589 municipalities
• 589 social houses (local government for
welfare)
• 195 police zones
• 251 fire services
• 7 governments + 10 counties
• Many more small local organisations active in
electricity, housing, water, etc.
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Legal framework
•
•
•
•
Law of 15 June 2006
Law of 17 June 2013 (‘review procedures’)
Royal decree of 14 january 2013
Seperate framework for tenders and for
execution of tenders (contract)
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Three main procedures
• Lowest price (‘aanbesteding’)
• MEAT (‘offerte’)
• Negiotated procedure
(‘onderhandelingsprocedure’)
• Competitive dialogue is almost never
used (‘concurrentiedialoog’)
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Remarks
• Each of the three main procedures can
be open or restraint
• MEAT or lowest price is free to choose
but criteria need to be justified in
relation to product
• Legally: restrained negotiation is the
exception but used in 80% of
procedures
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Negiotated procedure (restrained)
• All tenders below 85000 euros excl VAT
• Also above threshold in certain
exceptions (e.g. ‘urgent’ tender)
• Below 8500 euros excl.VAT: free
procedure
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Thresholds: negotiated procedure
• Below 8500 euros: free procedure, just
invoice and basic principles
• Between 8500 and 30000 euro: limited
obligations for execution of tenders
• Between 30000 and 85000 euros: full
obligation for execution of tenders
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E-procurement
Advanced very far in Belgium but only on
federal and Flemish government level
e-notification and e-tendering obligatory for
federal and Flemish government since
2012. e-invoicing by 2017
Many certified signatures are allowed as
long they comply with Belgian safety rules
https://www.publicprocurement.be
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Tips and tricks
• Purchasers are not always specialists
• Get your product known to the buyers
• E-procurement makes it much easier for
foreign companies to tender
• Belgium is an open market in relation to
most member states
• Execution of tenders is very strict
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websites
www.16procurement.be
www.bestuurszaken.be/overheidsopdrachten
www.enterpriseeuropevlaanderen.be/home/o
verheidsopdrachten.html
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questions?
pascal.verheye@agentschapondernemen.be