In accordance with Directive 2014/24/EU, contracting authorities may opt for different contract award procedures.
A large group of service contracts with a lower need for competitive award procedures, the so-called "social and other specific services", can be at all times awarded on the basis of the simplified negotiation procedure with prior publication and on the basis of the negotiation procedure without prior publication if the estimated contract value is less than EUR 750,000.
In Belgium, the existing e-procurement and e-notification platforms are already widely used by contracting authorities.
On the basis of the new Public Procurement Act, it is now mandatory to use electronic communication for all communications, submissions and sharing of documents during a tender procedure. It is only still possible to use non-electronic communication and physical methods of submitting and sharing documents and objects where a contract with an estimated value below the European thresholds is awarded on the basis of a negotiated procedure without prior publication, or if one of the limited regulatory exceptions can be invoked.
Furthermore, the following procurement methods and tools are always electronic:
Contract notices published at EU level are available in the TED-database, which makes the public procurement supplement to the Official Journal of the EU accessible online: http://ted.europa.eu/TED/main/HomePage.do
Contract notices are always published at the national level in the Bulletin der Aanbestedingen/Bulletin Officiel des Adjudications, which is accessible online on the e-Notification platform: https://enot.publicprocurement.be/changeLanguage.do?language=en-GB
Yes. Before a contracting authority evaluates a candidate and its bid in light of the selection and award criteria, it needs to verify whether or not the bidder needs to be or could be excluded.
The Public Procurement Act lists several mandatory grounds for exclusion, such as convictions for certain very serious crimes, convictions for various economic crimes or failures to pay certain amounts of taxes or social security contributions. The mandatory grounds are applicable during a term of 5 years starting on the date of the definitive conviction for such offenses.
The Public Procurement Act also establishes several optional grounds which allow a contracting authority to choose whether or not to exclude concerned candidate(s), such as violations of environmental or employment law, insolvency, inadequate performance of a previous public procurement contract, complicity in antitrust violations or supplying misleading information. The contracting authority needs to apply these exclusion grounds in accordance with the fundamental principles of public procurement law. And they can only be applied during a term of three years starting from the date of the concerned infringement.