The conclusion of a public contract

The conclusion of a public contract is the moment when the principal and the contractor conclude a contract for the performance of the contract. The principal is the government agency that issues a contract for a particular need, such as renovating a school, supplying computers or organizing a festival. The contractor is the company or person who will perform the contract at a given price.

The conclusion of a public contract does not happen overnight. It is preceded by an entire procedure in which the client announces the contract, selects the candidates or bidders, evaluates the bids and chooses the best offer. This is called awarding the contract. The principal must communicate the award decision to all candidates or bidders, both those chosen and those rejected. The award decision must also include the reasons for selection and rejection.

The award decision does not yet mean that the contract is closed. A waiting period or standstill period must first be respected. This is a period of at least 15 days during which the rejected candidates or bidders have the opportunity to appeal the award decision, if necessary. They can do this if they believe that the awarding authority has made a mistake or violated the law. They can file an appeal with the Council of State or the court of first instance, depending on the nature and value of the contract.

If no appeal is filed, or if the appeal is denied, the client may close the contract with the chosen contractor. He does this by serving approval of the bid on the contractor. This can be done by letter, email or electronic platform. From that moment on, a contractual obligation arises between the client and the contractor. They must comply with the terms and obligations set forth in the assignment documents and in the quotation.

Thus, the conclusion of a public contract is an important moment for both the client and the contractor. It is the result of a careful and transparent procedure that respects the rights and interests of all parties involved.

Want to know more?
Ask your question