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ARTICLE · 22 FEBRUARY 2024

New Rules To Improve SMEs' Access To Public Procurement

Loyens & Loeff
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Most Belgian companies are SMEs and yet they are underrepresented in public procurement procedures. With the introduction of some new rules, the Belgian legislator seeks to bring some changes in this regard.

BelgiumGovernment, Public Sector
Valentijn De Boe
Valentijn De Boe
Michaël Eeckhout
Michaël Eeckhout
Aude Van den Bussche
Aude Van den Bussche
Laurine Gillot
Laurine Gillot

Most Belgian companies are SMEs and yet they are underrepresented in public procurement procedures. With the introduction of some new rules, the Belgian legislator seeks to bring some changes in this regard.

A Belgian Act of 22 December 2023 (the SME Procurement Act) amended the Public Procurement Act of 17 June 2016 to promote SMEs' access to public procurement. The SME Procurement Act has relevance both for the public sector and the utilities sectors.

Its provisions mainly deal with the payment of advances, the awarding of bid indemnities and the notification of a bid's place in the provisional ranking after the opening of bids. The measures will not just benefit SMEs, but also tenderers generally.

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