Main changes at a glance
The preliminary draft introduces a series of concrete measures aimed at simplifying the award procedures and providing greater flexibility:
- Increase of the thresholds for contracts with a limited value: the threshold would be increased from 30,000 euros to 75,000 euros (with an expenditure of up to 90,000 euros subject to approval). This gives the awarding authority more room to place smaller contracts faster and more easily.
- Expansion of the possibilities for direct award: for very small contracts, with an estimated value that does not exceed 3,000 euros, a direct award without prior competition would become possible (with an expenditure of up to 3,600 euros subject to approval).
- Expansion of the rules on occasional purchases: the existing rules that apply in the special sectors would be expanded to the traditional sectors, which would create greater flexibility there as well for exceptional or occasional purchases.
- Amendments regarding electronic signature: the preliminary draft provides for amendments regarding the electronic signature requirement for tenders.
- Amendment of the implicit declaration of honour: its application would be expanded to include all contracts below the European thresholds, regardless of the procedure followed, as well as certain clearly defined tenders above the European thresholds.
- Limitation of the obligation of electronic invoicing: in certain cases – for example, for contractors located outside the European Economic Area or for occasional purchases – the obligation of electronic invoicing would not apply. At the same time, an existing exception for public contracts placed by autonomous public companies would be eliminated.
- Standardisation of award based on best price-quality ratio: for contracts with an estimated value equal to or higher than the European thresholds, the award based on the best price-quality ratio would be established as the standard award method.
- Review of tenders prior to selection: in the public procedure and in the simplified negotiation procedure with prior publication, awarding authorities would have the possibility to review tenders before the selection, including a verification of tax and social security debts.
- Mandatory use of integrated ESPD: the awarding authority would be obliged to enable the use of the integrated ESPD.
- Expansion of the obligation to disclose the preliminary ranking: the preliminary draft provides for an expansion of the obligation of awarding authorities to inform all tenderers of their individual preliminary ranking immediately after the opening of the tenders. This obligation would be expanded to all contracts awarded through a public or non-public procedure for which the most economically advantageous tender is determined exclusively based on the price.
- Clarification regarding life cycle costs: the principles relating to life cycle costs would be further clarified.
- Transposition of European Directive on energy efficiency: the preliminary draft provides for the transposition of Article 7 of Directive (EU) 2023/1791 on energy efficiency into Belgian law. This confirms the further integration of sustainability goals into the procurement policy.
- Short supply chain for public contracts for human food products: the preliminary draft contains a specific provision on the short supply chain for public contracts for supplies or services relating to human food products.
A description of the Dutch-language draft can be consulted via Diverse wijzigingen inzake overheidsopdrachten en concessieovereenkomsten | News.belgium.
Next steps
The preliminary draft has been submitted to the Legislation Department of the Council of State, which will scrutinise it. Based on the advice of the Council, the draft may still be amended. After that, the Federal Parliament will have to examine the draft. We will of course follow these developments closely.
