Tendering and Procurement Policy

The municipalities in the Stedendriehoek have a long history of cooperation in the field of procurement and tendering, with the aim of enhancing the professionalism of the procurement function and reducing procurement costs.

The collaboration focuses on:

1. initiating joint tendering processes. The starting point for this collaboration is the intention to work together on (European) tenders;
2. promoting transparent working practices, analysing and identifying financial and governance risks, identifying opportunities for improvement, and keeping each other informed about relevant developments;
3. reducing procurement costs by: optimising the tactical procurement process (including specification and selection through standardisation of policy, systems, terms and conditions, documents, etc.) and optimising the deployment of procurement expertise;
4. exchanging experiences, sharing and expanding knowledge.

The following municipalities are part of the Stedendriehoek regional procurement partnership (in alphabetical order)

• Apeldoorn
• Brummen
• Deventer
• Epe
• Lochem
• Olst-Wijhe
• Raalte
• Voorst
• Zutphen.

This regional procurement policy is essentially the same for all participating regional authorities and applies to all procurement and tendering processes.

In addition, each local authority may set out further guidelines and formulate objectives for specific areas. These are set out in the local authority-specific addendum. A local authority-specific addendum forms an integral part of this policy.

For the purposes of this Procurement and Tendering Policy, the following terms shall have the meanings set out below:

a. Tendering: the process leading up to the award of a contract to a contractor for the performance of works or the supply of services or products
b. Concession agreement for works or services: a concession agreement is an agreement with a contractor for the performance of a work or service. An example of this is the operation of a municipal car park by a company;
c. Contractor: the other party to the agreement, as referred to by the Municipality;
d. Services: Services as referred to in Article 1.1 of the Public Procurement Act.
e. Threshold value(s): Local authorities must take European threshold amounts into account. A public contract with a contract value equal to or greater than the threshold amount must be put out to tender at European level. The main European thresholds are laid down in Article 4 of Directive 2014/24. Article 5 sets out how thresholds are to be calculated. The threshold amounts are reviewed every two years by the European Commission on the basis of the average daily value of the euro;
f. European (public) procurement: a tender procedure in which a public body at European level publishes a contract notice. There is free competition between all EU businesses;
g. Municipality: participating municipality or municipalities in the joint procurement scheme that apply this generic section of this procurement and tendering policy;
Procurement: legal acts by the Municipality aimed at the acquisition of supplies, services or works, and which result in one (1) or more invoices from a contractor in respect of the said supplies, services or works;
h. Procurement: legal acts by the Municipality aimed at the acquisition of supplies, services or works, and which result in one (1) or more invoices from a contractor in respect of the said supplies, services or works;
i. Procurement advisory role: a role focused on developing policy, monitoring relevant developments and guiding and/or advising budget holders on tendering processes. Depending on the local authority, this role may be referred to as a procurement adviser, procurement coordinator, procurement manager or procurement team;
j. Deliveries: Supplies as referred to in Article 1.1 of the Public Procurement Act.
k. Quotation: an offer within the meaning of the Civil Code;
l. Request for a quotation: a single or multiple request from the Municipality for services to be provided, or a (European) tender in accordance with the Public Procurement Act 2012 and the European Public Procurement Directives 2014/24/EU and 2014/23/EU;
m. Entrepreneur: a ‘contractor’, a ‘supplier’ or a ‘service provider’;
n. Lawfulness: procurement in accordance with current legislation and regulations;
o. Social procurement: Social procurement involves incorporating social conditions, requirements and preferences into procurement and tendering processes, so that businesses contribute to the implementation of the local authorities’ policy on providing employment opportunities for people who are distanced from the labour market and/or carrying out a social activity;
p. Power of attorney: the power to take decisions on behalf of an administrative body in relation to legal acts under private law.
q. Work: Works as defined in Article 1.1 of the Public Procurement Act.
Procurement advisory role: a role focused on developing policy, monitoring relevant developments, and guiding and/or advising budget holders on tendering processes. Depending on the local authority, this role may be referred to as a procurement adviser, procurement coordinator, procurement manager or procurement team;
Supplies: Supplies as defined in Article 1.1 of the Public Procurement Act.
Quotation: an offer within the meaning of the Civil Code;
Request for quotation: a single or multiple request from the Municipality for services to be provided, or a (European) tender in accordance with the 2012 Public Procurement Act and the European Public Procurement Directives 2014/24/EU and 2014/23/EU;
Entrepreneur: a ‘contractor’, a ‘supplier’ or a ‘service provider’;

The municipality of Apeldoorn operates a rolling selection process to enable contractors to register for private tenders for infrastructure works.

The procedure involves registering on the list of interested parties. Should a private tender subsequently arise, this will be notified to all parties on the list of interested parties via Qfact. Based on general project details (type, scope, implementation period), these parties will decide for themselves whether they wish to take part in the draw.

In the ballot, the contractor’s assessment of previously completed projects (Past Performance) based on previously submitted tenders will influence the chances in the ballot. Expressing an interest and, consequently, registering for the draw is not entirely without obligation. Withdrawal may have serious consequences; for the exact procedure, please refer to the requirements and documents included in the tender.

Are you a contractor and are you interested? You can now register at Sign up for Qfact.

Through this Procurement and Tendering Policy, the local authorities aim to achieve the following objectives:

a. To carry out procurement in a lawful and efficient manner, ensuring that public funds are used and spent in a verifiable and accountable way.
To this end, the Municipality complies with existing legislation and regulations and with the provisions of its procurement and tendering policy. In addition, the Municipality carries out its procurement in an efficient and effective manner. The efforts and expenditure must make a genuine contribution to achieving the intended objective.

b. To be an honest, reliable, business-minded and professional purchaser and client. Professionalism entails dealing with procurement in a conscious and businesslike manner. We continuously invest in developing in-depth knowledge of the Supplies, Services and Works to be procured, market conditions and the relevant legislation and regulations. The commitment to professional commissioning is reflected in engagement with the procurement objectives, decisive decision-making, effective risk management, trust in the Contractor and mutual respect between the Municipality and the Contractor. The Municipality shall endeavour to provide the Contractor with all information and data to the extent that these are necessary in the context of the procurement process.

c. Procuring goods and services at the best possible (overall) value for money.
When procuring goods, services or works, the Council may also take internal and other (external) municipal costs into account. The quality of the goods, services and works to be procured also plays an important role.

d. To make a continuous positive contribution to the overall performance of the
Municipality.
Procurement has a significant impact on the municipality’s overall performance and contributes to it directly and continuously. The specific objectives of Procurement are always derived directly from the municipality’s objectives.

e. The Council prioritises reducing the administrative burden for both itself and businesses.
Both the local authority and businesses carry out numerous administrative tasks during the procurement and tendering process. The local authority alleviates these burdens by, for example, setting proportionate requirements and criteria and by implementing an efficient process. In practical terms, where not mandatory, the local authority may use digital procurement (and tendering) for this purpose. Where possible, the local authority makes use of the European Single Procurement Document.

f. This Procurement and Tendering Policy is aligned as closely as possible with the general policy of the local authorities.
In order to achieve these objectives, legal, ethical and ideological, economic and organisational principles have been set out in this Procurement and Tendering Policy. These principles are elaborated upon in the following chapters and/or in the municipality-specific addendum.

The Municipality complies with the relevant legislation and regulations. The following legal frameworks apply to the tendering process:

a. The amended Public Procurement Act 2012 has, since 1 July 2016, implemented European Directives 2014/24/EU and 2014/25/EU (‘Public Procurement Directives’), Concessions Directives 2014/23/EU and Directive 2007/66/EU (‘Remedies Directive’). This Act provides a single framework for public and concession contracts above and – to a limited extent – below the (European) thresholds, as well as for legal protection in (European) procurement procedures.

b. European legislation and regulations: legislation and regulations relating to public procurement originating from the European Union. The ‘Public Procurement Directives’ and the ‘Concessions Directive’ currently form the main basis. The interpretation of these Public Procurement Directives may be derived from Green Papers, Interpretative Communications, etc., issued by the European Commission;

c. Proportionality Guide: The (revised) 2016 Proportionality Guide constitutes, in its entirety, the guidance specified in the Public Procurement Decree and provides guidance on the reasonable application of the principle of proportionality.

d. Tender Regulations for Works: The 2016 Tender Regulations for Works (ARW 2016) set out procedural rules governing the conduct of tendering procedures for works.

e. the Civil Code: the legal framework for contracts;

f. the Local Government Act: the legal framework for local authorities;

g. the Financial Regulation: a regulation based on Article 212 of the Local Government Act;

h. the Municipal Council’s decision on the mandate.

There are two principles.

1. 1. 1. General principles of public procurement law
         In the case of public contracts and concession agreements above the (European) thresholds, and in the case of public contracts and concession agreements below the (European) thresholds that have a clear cross-border interest, the Municipality observes the following general principles of public procurement law:
         a. equal treatment: Similar circumstances must not be treated differently, unless that difference is objectively justified. Disguised or indirect discrimination is also prohibited;
         b. non-discrimination: Discrimination on the grounds of nationality is not permitted;
         c. transparency: The procedure followed must be transparent (and therefore verifiable). This is a logical consequence of the principle of equal treatment. Tenderers exercising due care and diligence must know where they stand;
         d. proportionality (proportionality): the requirements, conditions and criteria imposed on tenderers must not be disproportionate to the subject matter of the contract. The Municipality applies the principle of proportionality to the requirements, conditions and criteria to be imposed on tenderers and tenders, and with regard to the terms of the contract;
         e. mutual recognition: Services and goods provided by undertakings from other Member States of the European Union must be permitted, in so far as those services and goods can meet the legitimate needs of the municipality in an equivalent manner.
         f. objectivity: The local authority’s actions must not only be transparent but also objective and verifiable (on the basis of their substantive merits).

    

   2. General principles of good governance
   In its procurement activities, the Municipality observes the general principles of good governance, such as the principle of equality, the principle of justification and the principle of trust.

Public contracts and concession agreements with a clear cross-border interest are those in which contractors established outside the Netherlands have, or may have, an interest.

This may be evident from the market analysis carried out.

Whether a public contract or a concession contract has a clear cross-border interest will depend on various circumstances. The nature of the contract, the (geographical) location of performance and the value of the contract (close to the European threshold) are key factors in this regard.

Procurement is carried out in accordance with the Municipality’s current regulations on mandates and powers of attorney.

The Municipality wishes to be bound only by commitments and obligations arising from legally valid decision-making and representation under civil law.

The 2012 Public Procurement Act is accompanied by the guidance document ‘Complaints Handling in Public Procurement’. This guidance sets out a standard for the voluntary (local) handling of complaints relating to public procurement. It also provides a framework for the working methods of the national Committee of Procurement Experts.

Parties are encouraged to resolve disputes by mutual agreement rather than bringing them before the courts unnecessarily. The Committee of Procurement Experts will not consider any complaints that have not first been submitted to the contracting authorities.

Complaints are handled in accordance with the procedure set out in the municipality-specific addendum.