{"id":128092,"date":"2026-02-06T13:08:31","date_gmt":"2026-02-06T13:08:31","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=128092"},"modified":"2026-02-06T13:08:31","modified_gmt":"2026-02-06T13:08:31","slug":"the-netherlands-public-procurement","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/the-netherlands-public-procurement\/","title":{"rendered":"The Netherlands: Public Procurement"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-128092","comparative_guide","type-comparative_guide","status-publish","hentry","guides-public-procurement","jurisdictions-the-netherlands"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Straatman Koster advocaten<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/01\/STRMK_logo-Blauw.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Straatman Koster advocaten<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/01\/STRMK_logo-Blauw.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Public Procurement laws and regulations applicable in The Netherlands<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise briefly any relationship between the public procurement \/ government contracting laws in your jurisdiction and those of any supra-national body (such as WTO GPA, EU, UNCITRAL).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>EU law forms the framework for Dutch procurement law. The Public Procurement Act 2012 implements the European procurement directives (i.e. 2014\/24\/EU (public procurement in classical sectors); 2014\/23\/EU (concession agreements) and 89\/665\/EEC jo. 2007\/66\/EC (remedies directives). The Netherlands, as an EU member state, is bound by the WTO GPA. This agreement establishes non-discrimination principles requiring equal treatment of suppliers from GPA parties. The GPA&#8217;s non-discrimination requirements are also regulated in the Dutch Procurement Act 2012. Furthermore, the Public Procurement Act in the fields of Defence and Security implements European Directive 2009\/81\/EG, which directive regards military and sensitive works, supplies and services<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of public procurement \/ government contracts are regulated in your jurisdiction and what procurement regimes apply to these types of procurements? In addition to any central government procurement regime please address the following: regulated utilities procurement regime (e.g. water, gas, electricity, coal, oil, postal services, telecoms, ports, airports), military procurements, non-central government (local, state or prefectures) and any other relevant regime. Please provide the titles of the statutes\/regulations that regulate such procurements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Public Procurement Act 2012 and the Public Procurement Act in the fields of Defence and Security cover all contracts form contracting authorities regarding works, supplies and services. Based on the nature and value of the contract, different regimes apply. Both laws distinguish four types of contracts: Public contracts for works, public contracts for supplies, public contracts for services as well as concession contracts for works or services. Forementioned acts define not only the Dutch State and regional or local authorities such as provinces, municipalities and waterboards as \u201ccontracting authorities\u201d, but also all bodies governed by public law and associations formed by one or more contracting authorities. Furthermore, the Public Procurement Act 2012 applies on Special sector entities, which are entities operating in water, energy, transport, and postal services.<\/p>\n<p>The aforementioned Acts provide six principal procurement procedures for contracting authorities; each designed for different circumstances.<\/p>\n<p>1. Open Procedure: A single-stage procedure where any interested economic operator may submit a tender. The contracting authority publishes a contract notice, evaluates all submitted tenders against exclusion grounds and suitability requirements, and awards based on the stated award criteria.<\/p>\n<p>2. Restricted Procedure: A two-stage procedure where any economic operator may request to participate, but only selected candidates are invited to submit tenders. The contracting authority applies selection criteria to shortlist candidates before inviting tenders.<\/p>\n<p>3. Competitive Dialogue: a procedure available for complex contracts where needs cannot be met without adaptation of readily available solutions, or where the contract requires design or innovative solutions. The contracting authority conducts a dialogue with selected candidates to identify suitable solutions before requesting final tenders.<\/p>\n<p>4. Competitive Procedure with Negotiation: Available under the same circumstances as competitive dialogue. In this procedure the contracting authority negotiates with tenderers to improve initial and subsequent tenders, except for award criteria and minimum requirements, before requesting final tenders.<\/p>\n<p>5. Innovation Partnership: A structured partnership for developing and subsequently purchasing innovative products, works, or services not yet available on the market. The procedure involves negotiation with selected candidates to develop the innovation.<\/p>\n<p>6. Negotiated Procedure Without Prior Publication: An exceptional procedure available only in strictly defined circumstances, <em>inter alia<\/em> when no suitable tenders were received in prior procedures, when only one economic operator can perform the contract) or in cases of extreme urgency. The contracting authority can negotiate with one or more selected contractors and grant the contract.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there specified financial thresholds at which public procurement regulation applies in your jurisdiction? Does the financial threshold differ depending on the nature of procurement (i.e. for goods, works or services) and\/or the sector (public, utilities, military)? Please provide all relevant current thresholds in your jurisdiction. Please also explain briefly any rules on the valuation of a contract opportunity.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Public Procurement Act 2012 and the Public Procurement Act in the fields of Defence and Security implement the thresholds prescribed by European law. Above these thresholds the aforementioned procedures have to be used. The thresholds for 2026 and 2027 are:<\/p>\n<table>\n<tbody>\n<tr>\n<td>Supplies and services<\/td>\n<td width=\"282\">Central government<\/td>\n<td>\u20ac 140.000<\/td>\n<\/tr>\n<tr>\n<td>Supplies and services<\/td>\n<td width=\"282\">Other contracting authorities<\/td>\n<td>\u20ac 216.000<\/td>\n<\/tr>\n<tr>\n<td>Works<\/td>\n<td width=\"282\">All contracting authorities and Special sector entities<\/td>\n<td>\u20ac 5.404.000<\/td>\n<\/tr>\n<tr>\n<td>Social services contracts<\/td>\n<td width=\"282\">All contracting authorities<\/td>\n<td>\u20ac 750.000<\/td>\n<\/tr>\n<tr>\n<td>Supplies and services<\/td>\n<td width=\"282\">Special sector entities<\/td>\n<td>\u20ac 432.000<\/td>\n<\/tr>\n<tr>\n<td>Concession contracts<\/td>\n<td width=\"282\">All contracting authorities and Special sector entities<\/td>\n<td>\u20ac 5.404.000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are procurement procedures below the value of the financial thresholds specified above subject to any regulation in your jurisdiction? If so, please summarise the position.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For public contracts valued below the thresholds that derive from European law, Dutch contracting authorities are not required to follow the full procurement procedures. However, they remain bound by fundamental principles under the Procurement Act 2012. These principles are:<\/p>\n<p>1. Equal Treatment and Non-Discrimination: All bidders must be treated fairly and equally. You cannot favour local suppliers or discriminate based on nationality.<\/p>\n<p>2. Transparency: The process must be open and clear. Bidders need to understand the rules, criteria, and timeline.<\/p>\n<p>3. Proportionality: Requirements must be reasonable for the contract size. This requirement also brings a general obligation to apply a suitable procedure. The higher the value of the contract is, the more extensive the recommended procedure is. This is described in the Proportionality Guide. This Guide also prescribes a public notification of the contract on TenderNed in certain cases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts*, how are contracts publicised?\u202f What publication,\u202f journal or other method of publicity is used for these purposes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For all tenders of public contracts a procurement notice must be published. This must be done on TenderNed (the Dutch, public electronic procurement system). TenderNed can be found at www.tenderned.nl. TenderNed will automatically transfer notices that regard contracts above the Europeans thresholds to Tender European Daily, the European notification site. There they will be translated in all European languages and published for all member states .Notices regarding contracts under the thresholds will only be published in Dutch on TenderNed and therefore on a national level.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts, where there is an initial selection stage before invitation to tender documents are issued, what are typical grounds for the selection of bidders? If there are differences in methodology between different regulated sectors (for example between how a utility might undertake a regulated procurement procedure and how a government department might do so), please summarise those differences.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For the procurement of complex contracts, both the Competitive Dialogue and Competitive Procedure with Negotiation are available. Both procedures include a selection Phase. The selection criteria usually regard some financial aspects, like the solvency of the contractor. Furthermore, the relevant experience of the contractors is valued during the selection.<\/p>\n<p>If there are differences in methodology between different regulated sectors (for example between how a utility might undertake a regulated procurement procedure and how a government department might do so), please summarise those differences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction mandate that certain bidders are excluded from tendering procedures (e.g. those with convictions for bribery)? If so, what are those grounds of mandatory exclusion? Are there any notable features of how this operates in your jurisdiction e.g. central registers of excluded suppliers? Does your jurisdiction specify discretionary grounds of exclusion? If so, what are those grounds of discretionary exclusion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Public Procurement Act 2012 distinguishes between mandatory and optional exclusion grounds. Contracting authorities must exclude tenderers convicted of the following criminal offences:<\/p>\n<ul>\n<li>Participation in a criminal organisation<\/li>\n<li>Corruption<\/li>\n<li>Fraud<\/li>\n<li>Terrorist offences or financing of terrorism<\/li>\n<li>Money laundering<\/li>\n<li>Child labour and human trafficking<\/li>\n<\/ul>\n<p>Contracting authorities may exclude tenderers in the following situations. However, the applicability of these exclusion ground should be announces in advance in the tender documents.<\/p>\n<ul>\n<li>Breach of certain obligations regarding environmental law, social law, labour law<\/li>\n<li>Bankruptcy or insolvency<\/li>\n<li>Serious professional misconduct casting doubt on integrity<\/li>\n<li>Agreements distorting competition<\/li>\n<li>Conflict of interest not remedied by less intrusive measures<\/li>\n<li>Prior involvement in procurement preparation causing distortion of competition<\/li>\n<li>Significant or persistent deficiencies in performance of prior contracts<\/li>\n<li>False declarations or withholding required information<\/li>\n<li>Unlawful influence on decision-making or obtaining confidential information<\/li>\n<li>Non-payment of taxes or social security contributions<\/li>\n<\/ul>\n<p>It is relevant to note that in case an exclusion ground of the last category applies, the tenderer is allowed to explain which measures have been taken and he is again reliable. In case the reliability is sufficiently proven, the tenderer will not be excluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe a typical procurement procedure for a complex contract. Please summarise the rules that are applicable in such procedures. Please include a timeline that includes the key stages of the process, including an estimation for the total length of the procedure.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For complex contracts above EU thresholds requiring adaptation of existing solutions, Dutch contracting authorities use mostly the Competitive Procedure with Negotiation. This procedure allows negotiation with bidders after initial tender submission to optimize their proposals. The key stages and timeline are:<\/p>\n<p>Phase 1: Publication and Selection (6-8 weeks)<\/p>\n<p>Phase 2: Initial Tender Submission (at least 30-40 days)<\/p>\n<p>Phase 3: Negotiation Phase (2-4 months) The contracting authority negotiates with bidders to improve initial tenders. Negotiations may address technical specifications and performance requirements, contractual terms and conditions, financial arrangements and pricing structure and risk allocation and guarantees.<\/p>\n<p>The authority may conduct negotiations in successive rounds to reduce the number of tenders negotiated, provided sufficient competition is maintained. However, in advance defined minimum requirements and award criteria cannot be negotiated.<\/p>\n<p>Phase 4: Final Tender Submission (2-3 weeks) After concluding negotiations, the authority invites remaining bidders to submit final tenders. The authority may request clarification, specification, or fine-tuning of final tenders\u2014but this cannot modify substantial aspects or distort competition.<\/p>\n<p>Phase 5: Evaluation (3-6 weeks) Authority evaluates final tenders against the award criterion (most economically advantageous tender based on best price-quality ratio) and detailed criteria published in procurement documents.<\/p>\n<p>Phase 6: awarding decision and contract (at least 3 weeks) The contracting authority sends its awarding decision to all participants. It must observe a standstill period of at least 20 calendar days before concluding the contract. The standstill period begins the day after the award decision is sent to concerned bidders and candidates. During the stand still period, participants can start civil proceedings to challenge the result of the tender. During these proceedings, the contract can not be concluded. The court proceedings in general take about 8 till 10 weeks.<\/p>\n<p>The typical range for the duration of this procedure is: 6-9 months from publication to contract signature<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If different from the approach for a complex contract, please describe how a relatively low value contract would be procured. (For these purposes, please assume the contract in question exceeds the relevant threshold for application of the procurement regime by less than 50%)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not applicable<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is seen as current best practice in terms of the processes to be adopted over and above ensuring compliance with the relevant regime, taking into account the nature of the procurement concerned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The best practice is to use the Restricted Procedure for regular contracts. Because the amount of competitors can be restricted to five, this procedure provides a proper chance for csaddaompetitors to win the contract in comparison with the effort they have to put in. For complex contracts Competitive Procedure with Negotiation, under which usually three tenderers are selected and compete, is best practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please explain any rules which are specifically applicable to the evaluation of bids.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When it comes to the evaluation of the submitted bids, a contracting authority is obligated to exclude invalid bids, i.e. bids that don\u2019t meet the requirements of the procedure. The valid bids will be judged using the award criteria. These criteria should be suitable to select the most economically advantageous tender (MEAT), determined by:<\/p>\n<ul>\n<li>Best price-quality ratio<\/li>\n<li>Lowest cost (based on cost-effectiveness, e.g. life-cycle costing), or<\/li>\n<li>Lowest price.<\/li>\n<\/ul>\n<p>The default is the best price-quality ratio; use of other criteria requires justification in the procurement documents. The contracting authority has to define in advance which aspects will be valued to determine this ratio, as well as how this aspects are being weighted.<\/p>\n<p>Those criteria have to meet the following requirements:<\/p>\n<ul>\n<li>They should relate to the subject matter of the contract. This can include quality aspects, technical merits, aesthetics, social\/environmental\/innovative characteristics, delivery conditions, personnel qualifications, and after-sales service.<\/li>\n<li>They should be fully and clearly specified in the procurement notice,<\/li>\n<li>The relative weighting (or ranking by importance if weighting is objectively impossible), needs to be specified in advance as well.<\/li>\n<li>They enable effective competition,<\/li>\n<li>They are subject to effective verification by the contracting authority in case of doubt.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have specific rules for the treatment of bids assessed to be \"abnormally low\" for the purposes of a particular procurement (i.e. a low priced bid, significantly lower than any other bid or a bid whose pricing raises questions of sustainability\/viability over the contract term)? If so, is there a definition of what \"abnormally low\" means and please can you provide a short summary of the specific rules?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When a tender appears abnormally low in relation to the works, supplies or services tendered, the contracting authority must request written clarification from the tenderer. There is no definition for \u201cabnormally low\u201d, so the contracting authority has a certain margin of appreciation in this respect. However, as soon as the contracting authority conclude has to ask for clarification. These clarifications may relate to:<\/p>\n<ul>\n<li>Efficiency of production\/construction processes or service delivery<\/li>\n<li>Technical solutions or exceptionally favourable circumstances<\/li>\n<li>Originality of the proposed solution<\/li>\n<li>Compliance with environmental, social and labour law obligations<\/li>\n<li>Receipt of state aid<\/li>\n<li>Compliance with other legal obligations<\/li>\n<\/ul>\n<p>The contracting authority must not only examine the information provided in consultation with the tenderer but also discuss the differences with the tenderer. If it turns out the tenderer has a sufficient explanation and there is no doubt that the tenderer will fulfil its obligations, the contract can be awarded. If not, the tenderer can be excluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any rights that unsuccessful bidders have that enable them to receive the reasons for their score and (where applicable in your jurisdiction) the reasons for the score of the winning bidder. Are regulated procuring bodies required to provide these reasons for their award decision before awarding the contract in question?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the Procurement Act 2012, all tenderers will receive an award decision. This decision must include the relevant reasons, at minimum the characteristics and relative advantages of the chosen tender in comparison with the tender of the subsequent bidder, as well as the name of the winning tenderer). It should also include a precise description of the mandatory standstill period of at least 20 calendar days. Importantly, the award decision does not constitute acceptance of an offer and therefore does not create a binding contract; the contract may only be concluded after the standstill period has expired, giving unsuccessful tenderers time to review the decision and potentially seek legal remedies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to unsuccessful bidders in your jurisdiction? In what circumstances (if any) might an awarded contract be terminated due to a court's determination that procurement irregularity has occurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An unsuccessful tenderer who receives an unfavourable award decision has several legal remedies available. During the mandatory standstill period of at least twenty calendar days following notification of the award decision, the tenderer can request interim relief from the district court to challenge the decision. If such court proceedings are initiated, the contracting authority must wait until the court has ruled on the provisional measures before concluding the contract. A verdict will normally be available around eight weeks after filing the writ of summons. If the contracting authority violates the standstill period or other procedural requirements and proceeds to conclude the contract, the tenderer can seek annulment of that contract within specific time limits (either thirty days after proper notification or six months after contract conclusion in other cases). Additionally, the tenderer can initiate full proceedings to claim damages for any losses suffered due to alleged violations of procurement rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are public procurement law challenges common in your jurisdiction? Is there a perception that bidders that make challenges against public bodies suffer reputational harm \/ harm to their prospects in future procurement competitions? If so, please provide brief comment. Assuming a full hearing is necessary (but there are no appeals), how much would a typical procurement claim cost: (i) for the defendant and (ii) for the claimant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Netherlands it\u2019s common to challenge awarding decisions. The amount of published interim injunction proceedings is around 130 a year. However, contracting authorities tend to withdraw their awarding decisions voluntarily in case they doubt the successful outcome of the court case. The number of tenders in which the outcome is challenged is therefore significantly higher. In general, challenging award decisions does not harm the prospects of the tenderer in future procurement competitions.<\/p>\n<p>&nbsp;<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Typically, assuming a dispute concerns a complex contract, how long would it take for a procurement dispute to be resolved in your jurisdiction (assuming neither party is willing to settle its case). Please summarise the key stages and typical duration for each stage.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In case a tenderer initiates court proceedings in respect of an award decision for a complex contract, its not relevant if it regards such a contract. The proceedings and its length stay the same. The tenderer has to initiated the proceedings during the 20 days stand still period. The court will set a date for a hearing, which will normally take place around six weeks later. The contracting authority will be asked by the court to submit a written statement before the hearing to facilitate the debate between the parties. Even in complex cases, the court is common to present a verdict after to weeks, although there are some examples that the court used three or four weeks. These examples were mostly capacity related.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights\/remedies are given to bidders that are based outside your jurisdiction? Are foreign bidders' rights\/remedies the same as those afforded to bidders based within your jurisdiction? To what extent are those rights dependent on whether the host state of the bidder is a member of a particular international organisation (i.e. GPA or EU)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Alle tenderers that are allowed to participate in a tender have the same rights and remedies under Dutch law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where an overseas-based bidder has a subsidiary in your territory, what are the applicable rules which determine whether a bid from that bidder would be given guaranteed access to bid for the contract? Would such a subsidiary be afforded the same rights and remedies as a nationally owned company bidding in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As soon as an overseas-based bidder has a subsidiary in the Netherlands, this subsidiary falls within the jurisdiction of the Netherlands and the European Union. This subsidiary has the same rights and remedies as a nationally owned company bidding in the Netherlands. However, that does not exclude that the contract that is being tendered sets conditions under which the subsidiary is limited to involve its overseas-based mother company.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is there a specialist court or tribunal with responsibility for dealing with public procurement issues? In what circumstances will it have jurisdiction over a public procurement claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Netherlands procurement cases are handled by the civil courts. Normally, the district court of the district in which the contracting authority is settled, is the competent court. However, in the tender documents the contracting authority may appoint another district court. In recent years, the district court of The Hague was appointed often, because it had the most experience. That experience derives from the fact that the State has its seat in the Hague and all procurement cases regarding the State are being brought to that court. There is no specialist court for procurement issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are post-award contract amendments\/variations to publicly procured, regulated contracts subject to regulation in your jurisdiction? Are changes to the identity of the supplier (for example through the disposal of a business unit to a new owner or a sale of assets in an insolvency situation) permitted in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Post-award contract amendments and variations need not to be published under the Procurement Act 2012. However, contracting authorities are not allowed to make substantial changes after awarding. The law prescribes accurately which amendments and variations are allowed and which not. When substantial modifications are made to an awarded contract, the contracting authority is generally required to organize a new procurement procedure. The consequence of making substantial modifications without a new procurement procedure is that the contracting authority acts unlawfully, which can lead to legal challenges from affected parties who may seek injunctions to prevent contract execution, claim damages for lost opportunities to compete, or request annulment of the modified contract, thereby undermining the integrity of the procurement process and potentially exposing the contracting authority to financial liability and reputational damage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How common are direct awards for complex contracts (contract awards without any prior publication or competition)? On what grounds might a procuring entity seek to make a direct award? On what grounds might such a decision be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The direct award of contracts, complex or not, in breach of the Procurement law is not common in the Netherlands.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have your public procurement rules been sufficiently flexible and\/or been adapted to respond to other events impacting the global supply chain (e.g. the war in the Ukraine)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch procurement rules provide limited flexibility during major global supply chain disruptions such as the war in Ukraine, because contracting authorities can only deviate from standard procedures under strict conditions. Furthermore, although the Procurement Act provides substantial room for amendments to awarded contracts because of major event impacting the global supply chain, contracting authorities stay reluctant to use that room and tend to stick to the initial conditions of the contract.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3837<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/128092","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=128092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}