Public procurement covers many sectors of activity, for a wide variety of services in all areas. What is public procurement? What are the main principles?
What is a public contract?
A public procurement contract is a contract concluded for valuable consideration by one or more public purchasers with one or more economic operators to meet their needs for works, supplies or services.
The procedures are strictly regulated and must comply with three main principles:
Freedom of access to public contracts
Equal treatment of candidates
Transparency in procedures
Who can apply?
Any natural or legal person, public or private, or any group of persons, with or without legal personality, may apply for the award of a public contract, including micro-entrepreneurs.
What are the types of procurement procedures?
The procedures are :
– The open procedure
The open procedure is the award procedure in which any interested economic operator may submit a tender in response to a contract notice (L. 17.6.2016, art. 2, 22°).
– Restricted procedure
The restricted procedure is the award procedure in which any interested economic operator may request to participate in response to a contract notice and in which only the candidates selected by the contracting authority may submit a tender (L. 17.6.2016, Art. 2, 23°).
– Competitive procedure with negotiation
A two-stage procedure (selection/award) in which any interested economic operator may ask to participate in response to a call for competition, in which only the selected candidates may submit a tender, and in which the terms of the contract may then be negotiated with the tenderers (L. 17.6.2016, art. 2, 25°).
– The direct negotiated procedure with prior publication
The direct negotiated procedure with prior publication is therefore a one-stage procedure, in which any economic operator may submit a tender in response to a contract notice and in which the contracting authority may negotiate the terms of the contract with one or more of them (L. 17.6.2016, Art. 2, 29°), similar to the former direct negotiated procedure with prior publication, and incorporating its advantages of ease and administrative simplification, which are expected to appeal to contracting authorities.
– The negotiated procedure without prior publication.
Similar to the negotiated procedure without prior publication known under the law of 15.6.2006, the negotiated procedure without prior publication is one in which the contracting authority requests a tender from the economic operators of its choice and may negotiate the terms of the contract with one or more of them (L. 17.6.2016, art. 2, 26°).
What are the thresholds for 2022?
From 1 January 2022, new thresholds are applied which have been set for a period of two years. This means that they will apply until 31 December 2023. The new thresholds have increased slightly compared to the previous thresholds.
It is true that not all public contracts are necessarily subject to a call for tenders. Below certain thresholds, a call for tenders is not necessary. You will find the new thresholds below:
These are the new thresholds:
For concessions, the amount of EUR 5,350,000 is replaced by EUR 5,382,000
For classical sectors,
the amount of EUR 5,350,000 is replaced by the amount of EUR 5,382,000,
the amount of EUR 139 000 shall be replaced by the amount of EUR 140 000,
the amount of EUR 214 000 shall be replaced by the amount of EUR 215 000.
For special sectors,
the amount of EUR 5 350 000 shall be replaced by the amount of EUR 5 382 000,
EUR 428 000 shall be replaced by EUR 431 000.
For the fields of defence and security
the amount of EUR 5 350 000 shall be replaced by EUR 5 382 000,
the amount of EUR 428,000 is replaced by EUR 431,000.
The modification of the European publication thresholds has a consequence on the application of other rules. For example
the applicable threshold for the obligation to consider allotment provided for in Article 58 of the Law of 17 June 2016 on public procurement is increased from EUR 139,000 to EUR 140,000;
the amounts set by reference for the negotiated procedure without prior publication in Article 90, 1° and 2° of the Royal Decree of 18 April 2017 on public procurement in the traditional sectors are increased from 139,000 euros to 140,000 euros and from 214,000 euros to 215,000 euros.
Public procurement, tendering and contracts in the European Union
TED public procurement
All public contracts subject to EU rules must be published on Tenders Electronic Daily. TED.europa.eu is the online version of the Supplement to the Official Journal of the European Union.
Contracts awarded by EU institutions, agencies and other bodies
In the context of the single market, EU legislation lays down minimum rules on public procurement in order to safeguard the fundamental principles of transparency, equal treatment, free competition and sound management of procedures. This creates competitive, open and well-regulated public procurement markets to support employment and investment in the EU.
Follow the link below to find out about EU public procurement procedures, rules and opportunities.
View open tenders and current contracts published by national public purchasers in the EU and other European countries.
View open tenders and ongoing contracts published by all EU institutions, bodies and agencies on the eTendering platform.
Information on the rules and procedures applicable to public tenders in the EU and on the types of tenders covered by EU or national rules.
How to request a review of a public procurement procedure if you have found an irregularity or feel you have been discriminated against
Federal Government e-Procurement platform
The Federal e-Procurement Service aims to computerise the processes and transactions related to public procurement via internet applications.
The strategic objectives of these applications are
greater efficiency and effectiveness of procurement procedures
transparency of public procurement procedures
development of public procurement actors (stakeholders)
For each phase of a public procurement procedure, there is a specific application:
e-Notification: for publication
e-Tendering: for the submission of tenders/requests to participate
e-Catalogue: for using catalogues
e-Awarding: for evaluation and awarding
e-Auctions: for organising an electronic reverse auction
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