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Procurement: What – How? | Standstill period in tenders applies only to bidders
Who must submit a European Single Procurement Document (ESPD)? At a minimum, the tenderer themselves. This seems obvious: the contracting authority needs to verify whether the tenderer meets the exclusion grounds and suitability criteria. Moreover, the ESPD contains essential information about the party that will become the contractor if the contract is awarded.
Procurement: What – How? | Beware of vague reference requirements
Be cautious when formulating reference requirements. Without realising it, you may unintentionally include ambiguous conditions – and that can be fatal to your procurement process. For example, the term "properly" in a reference requirement recently became the subject of legal discussion. The preliminary relief judge ruled that, as a result, the procurement had to be halted.
Procurement: What – How? | onfidentiality declarations in procurement: the assessment criteria
Article 2.23, paragraph 1, sub e of the Dutch Public Procurement Act provides the possibility to declare a procurement procedure confidential. In practice, this provision is rarely applied, resulting in limited case law. Recently, the District Court of The Hague issued a ruling concerning this article, clarifying the criteria against which a confidentiality declaration must be assessed.