We are pleased to inform you of an important legislative change concerning the Belgian law on public procurement. It concerns the law of February 8, 2023 amending the law of June 17, 2016 on public procurement and the law of June 17, 2016 on concession contracts, regarding governance.
This law was published in the Belgian Official Gazette on February 16, 2023 and contains a number of important changes to increase transparency and collect data in a more structured way. We briefly explain the main changes.
First, from September 1, 2023, the use of electronic means of communication will become mandatory for all public contracts awarded through the negotiated procedure without prior publication. Among other things, this means that tenders in this procurement procedure must also be submitted via e-Tendering. This will reduce the administrative burden and increase efficiency.
Second, for contracts and framework agreements that have not been advertised at European level, a simplified contract award notice must be published from September 1, 2023, no later than 30 days after closing. This will improve the visibility and accountability of these contracts.
Third, for contracts based on framework agreements, as of Jan. 1, 2025, the total value of these contracts by beneficiary company, broken down by works, supplies or services, must be communicated annually to the federal contact point no later than Feb. 15 of each year. This will provide a better overview of the market distribution and competitive position of the companies.
Fourth, non-award or non-closure decisions will require the publication of a (simplified) contract award notice from February 26, 2023. This will increase transparency.
Fifth, for contracts of limited value from January 1, 2025, the total value of these contracts per beneficiary company, broken down by works, supplies or services, must be communicated annually to the federal contact point no later than February 15 of each year. Contracts whose award amount is less than 3,000 euros are exempt from this obligation. This will give a better insight into the size and distribution of these contracts.
As you can see, the new law aims to enable the federal government (FPS BOSA) to make data available to civil society, the media and economic actors in a structured and active manner. This data will be compiled by contracting authority and presented in a neutral manner . The modalities for the publication of these data are still to be defined in a royal decree.
Left:
