Aanbestedingswet

Aanbestedingswet is the Dutch public procurement act that governs how public authorities in the Netherlands acquire goods, services and works. It implements European Union procurement directives and aims to ensure transparency, non-discrimination, equal treatment, proportionality, and value for money in public purchases. The wet applies to contracting authorities and entities in the Netherlands and covers contracts above EU thresholds as well as many below-threshold purchases.

Key principes include non-discrimination, equal treatment, transparency, and proportionality, with an emphasis on the competitive bidding of contracts and the recognition of professional qualifications. The act requires public disclosure of procurement opportunities, selection criteria, and award criteria, and it typically prescribes electronic submission and the use of a central procurement portal, such as TenderNed, for notices and documents.

Procedures under the Aanbestedingswet include open procedures, restricted procedures, competitive dialogue, and innovation partnerships. Dynamic purchasing systems and framework agreements are also accommodated. For certain contracts, direct award or negotiated procedures may be permitted under specific exemptions or below-threshold rules. The process generally involves publication, prequalification or candidate selection, invitation to submit bids, evaluation, and award.

Remedies and enforcement cover challenges to procurement decisions through national remedies procedures, with recourse to courts or administrative bodies where applicable. Penalties for non-compliance can be pursued via these remedies, ensuring accountability in the procurement process.

Relation to EU law is central: the Dutch law coordinates with EU directives and is complemented by sector-specific rules and secondary regulations. A centralized public procurement platform and ongoing updates reflect changes in market practice and EU requirements.