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The Resolution is composed of a main part with the provisions on eco criteria that are to be applied from January 1st and a detailed Annex with the specific awardcriteria and contract performance clauses/technical specifications that are to be adopted for certain types of contracts.
Contract AwardCriteria The contract awardcriteria are the factors that decide which bid wins. It considers evaluation criteria like quality, sustainability, innovation and overall value to select the best supplier. This is often used for complex contracts where standard solutions don’t help.
While the legal tests to access this negotiated procedure are in principle strict, the public buyer can have the wrong incentives to push through while at the same time controlling some of the safeguarding mechanisms (eg transparency of the award, or level of detail in the relevant disclosure). However, this is far from uncomplicated.
The current procurement thresholds will remain in force. As from 1 January 2021 the guidance on evaluating social value and the recommendation, at least for central government and non-department public bodies, to include a weighting of 10% for social value awardcriteria also comes into force.
All Dutch authorities must publish their above-the-threshold tenders via the TenderNed platform , so businesses can access all public data and documents from a single webpage. Publication of below-the-threshold tenders is voluntary.
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