What is the Guide Proportionality?

The Guide Proportionality plays an important role within Dutch procurement practice. The document provides guidance on the proportionality of requirements, criteria and conditions that contracting authorities impose on bidders. The guide aims to avoid disproportionate and unnecessary thresholds for companies, especially smaller ones. This article provides insight into the Guide Proportionality, its principles and how companies can navigate within the rules prescribed by the guide.

What is the Guide Proportionality?

The Guide Proportionality is a manual that helps contracting authorities draft reasonable and proportionate requirements and conditions in the procurement process. The document provides concrete guidance and suggestions to ensure that all requirements, criteria and contract terms are proportionate to the nature and scope of the contract.

Purpose of the Guide Proportionality

The main goal of the Guide Proportionality is to make access to public contracts more accessible for companies. This means that both large and small companies should have a fair chance to compete for contracts without facing unnecessarily strict or costly requirements.

Key principles of the Guide Proportionality

The Guide Proportionality has some core principles that provide guidance for contracting authorities and bidders. The following are the key principles addressed in the guide.

1. Proportionality

The requirements and conditions imposed on a tender must be proportionate to the size and character of the contract. This means, for example, that less stringent requirements may be imposed for a simple cleaning service than for a complex construction contract.

2. Transparency

Transparency is a key principle in the guide. This means that the contracting authority must make clear what requirements and conditions apply and why they are justified. This increases confidence in the procurement process and helps companies to be better prepared.

3. Non-discrimination

The non-discrimination principle means that there should be no discrimination between potential bidders based on nationality, location or company size. All companies should have an equal opportunity to participate in the process.

4. Objectivity

Objectivity is important when setting criteria. Contracting authorities should use concrete and measurable criteria to ensure that evaluations are based on factual data.

Application of the Guide Proportionality in practice

In practice, the Guide Proportionality provides concrete guidelines for different stages of the procurement process. The guide helps contracting authorities determine how far they can go in their requirements without compromising on proportionality.

In selecting suppliers

The Guide Proportionality indicates that selection criteria must be proportional. For example, for contracts of small size, companies do not always have to meet the same stringent requirements as for larger projects.

In making demands

The document indicates that technical and financial requirements must be realistic, appropriate to the size of the contract. A contracting authority cannot set unnecessarily high requirements for a contract of limited value.

Contract terms

Contract terms must also be proportional. For example, the duration of the contract must be reasonable and proportional to the nature of the contract. Too long a term can have a detrimental impact on smaller companies that may then commit for a long time.

Challenges and pitfalls in applying the Guide Proportionality

Although the Guide Proportionality provides clarity, there are some challenges in practice. Below we describe some common pitfalls and provide tips for getting around them.

Overly strict requirements

A common pitfall is that contracting authorities impose requirements that are too strict, which can be unnecessarily barrier-breaking. Companies can object to this, by demonstrating that the requirements are not proportionate.

Limited flexibility

Contracting authorities sometimes have to follow strict rules, which can lead to limited flexibility in the process. Companies should be aware of this and can discuss it during information sessions or objection procedures.

Practical tips for companies when working with the Guide Proportionality

It is important for companies to properly understand and effectively navigate the Guide Proportionality guidelines. Here are some tips to simplify the process.

1. Read the Guide Proportionality thoroughly

A good understanding of the Guide Proportionality helps companies assess whether a contracting authority's requirements are reasonable. Companies that are well informed are better able to assess whether a procurement meets proportionality requirements.

2. Take advantage of objection procedures

If a company feels that requirements are not proportionate, it can use the objection procedure. By engaging in constructive dialogue, unreasonable requirements can be modified.

3. Work closely with legal advisors

A legal advisor with knowledge of the Guide Proportionality can help companies determine whether certain requirements are justified. This can be important when deciding whether to participate in a tender.

Conclusion

The Guide Proportionality plays a crucial role in promoting fair and accessible procurement in the Netherlands. By advising contracting authorities to set proportionate requirements and conditions, the guide promotes access to public procurement for companies of all sizes. It is very important for companies to understand the guide well and act proactively when they feel that proportionality has not been observed.