Major changes to public procurement legislation

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:

https://bosa.belgium.be/nl/news/de-wet-bestuur-inzake-overheidsopdrachten-werd-gepubliceerd-het-belgisch-staatsblad

https://overheid.vlaanderen.be/nieuws/wijziging-wet-inzake-overheidsopdrachten-bestuur-en-transparantie

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All public procurement placement procedures in Belgium explained

For whom does this offer value? Bid managers and companies wishing to bid for public contracts in Belgium. In this piece you will get a clear overview of all procedures, split into one-step and two-step, with the main advantages and disadvantages for each type.

One-step procedures: anyone may bid immediately

In one-step procedures, all bidders submit complete bids at one time. There is no separate pre-selection phase.

Public Procedure

Anyone may subscribe. Often used for assignments with a broad market.

VOPMVB (simplified negotiated procedure with prior publication).

After publication, anyone may submit a bid; the contracting authority may negotiate afterwards.

OPZB (negotiated procedure without prior publication).

Exception regime for legally defined cases (e.g., compelling urgency, exclusive rights, failed previous procedure, additional supplies/services/works). At least three companies are consulted whenever possible.

Two-step procedures: selection first, then bids

Here it proceeds in two stages: first candidacy and selection; then only those selected may submit (final) bids.

Non-public procedure (restricted)

After the selection phase, only the chosen candidates are allowed to bid.

Competitive procedure with negotiation (MPMO).

One or more rounds of negotiation follow selection. Suitable when the need is not completely "off-the-shelf."

Competitive dialogue

After selection, the government enters into dialogue with candidates to help define the solution; final bids follow. Ideal for complex projects (e.g. large IT or infrastructure).

Innovation Partnership

For the development and purchase of a solution that does not yet exist.

Variants and instruments

Advantages and disadvantages at a glance

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Conclusion for bid managers

Choose your strategy according to the complexity and maturity of the need. Simple and common contracts often go through public or VOPMVB. For complex or innovative projects, you are more likely to end up with MPMO, competitive dialogue or innovation partnership.

Tip: Always start with the question, "How complex is the need?" The higher the complexity, the more valuable procedures with dialogue/negotiation become.

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