Glossary of public procurement in Belgium

What this glossary is for

Each entry gives the meaning of a word in Belgian public procurement, as the law of 17 June 2016 or an official page sets it. The first paragraph can be read on its own. The next sentence points to the AOEX guide or tool that sets out the same fact.

Contracting authority

A contracting authority, in the law, is the State, a Region, a Community, a local authority, or a body governed by public law that depends on them. Contracting entity is the wider word: it also covers the utilities. On a notice, the name to read is the one the publication gives.

Article 2, 1° and 5°, of the law of 17 June 2016 sets these two words. French text: Law of 17 June 2016

Contract notice

The contract notice is the publication by which the buyer calls companies to participate or to submit a tender. Article 61 requires it, except where the law allows a negotiated procedure without prior publication. Above the European thresholds, that notice is also sent to the Official Journal of the European Union.

The reading order of a TED notice is here: How to read a TED notice Check that it is still open here: Still open Text of the law: Law of 17 June 2016

TED

TED, Tenders Electronic Daily, is the electronic version of the Supplement to the Official Journal of the European Union. It carries the notices sent for European publication, above the thresholds. The notices still open on AOEX come from TED. A Belgian contract below those thresholds is not there, unless the buyer also sends the notice to the Official Journal.

TED: TED The Supplement to the Official Journal: TED Where the Belgian contracts that are not there are published: Markets not on TED

e-Procurement

e-Procurement is the Belgian public-procurement platform, run by BOSA. A company registers, looks for contracts in the Tender Bulletin, and can submit a tender electronically. The French page of the same note adds that the bulletin does not contain every contract: sometimes the buyer invites the company directly. AOEX does not sign in to this platform for the reader.

Address of the platform: e-Procurement English page, updated on 9 August 2024: BOSA, 9 August 2024 French page, updated on 24 January 2025: BOSA, 24 January 2025

e-Notification

e-Notification is the former BOSA application for publishing notices. On 25 July 2023, BOSA announced that e-Notification, e-Tendering and e-Catalogue would be replaced and integrated into the e-Procurement platform, launched on 4 September 2023. Notices are consulted today on that platform.

BOSA announcement, 25 July 2023, in French: BOSA, 25 July 2023 The current platform: e-Procurement

Tender Bulletin

The Tender Bulletin is the Belgian bulletin of contract notices: Bulletin des Adjudications in French, Bulletin der Aanbestedingen in Dutch. A company searches it on e-Procurement. European-level notices appear there and in the Official Journal. Belgian-only notices appear there without TED, unless the buyer also sends them.

BOSA’s English page describes that access: BOSA, 9 August 2024 Where AOEX stops, below the thresholds: Markets not on TED

Belgian Official Gazette

The Belgian Official Gazette, Moniteur belge in French and Belgisch Staatsblad in Dutch, is the official journal of the State. Laws, decrees and company acts are published there. It is not the bulletin of contract notices. Those notices appear in the Tender Bulletin and, above the European thresholds, on TED. AOEX does not take them: there is no open feed.

Official journal: Belgian Official Gazette What AOEX says about it: Sources

BOSA

BOSA is the Federal Public Service Policy and Support. It runs the Belgian platform on which public contracts are published. On 4 September 2023 it launched e-Procurement. A company consults the Tender Bulletin there and can submit a tender electronically.

English page, updated on 9 August 2024: BOSA, 9 August 2024 Launch announcement, 25 July 2023, in French: BOSA, 25 July 2023

Thresholds

Thresholds are the amounts excluding VAT from which publicity and procedures change. Above the European thresholds, the notice goes to the Official Journal and to TED. Below them, it can stay in the Tender Bulletin, or not be published. The amounts in force from 1 January 2026 to 31 December 2027 are in the thresholds guide.

The amounts, and what they change for a bid: Thresholds 2026-2027

Low-value contract

A low-value contract is one whose estimated amount stays below €30,000 excluding VAT. Article 92 of the law of 17 June 2016 governs it: no notice is published, the buyer consults companies directly, and an accepted invoice can serve as the contract. Such a contract appears neither on TED nor in the Belgian Tender Bulletin.

Belgian amounts below the EU thresholds, with their sources: Threshold calculator

Negotiated procedure without prior publication

The negotiated procedure without prior publication lets the buyer invite companies without publishing a notice. Article 42(1)(1)(a) of the law allows it below €140,000 excluding VAT for 2026-2027 (€143,000 in 2024-2025). Only the invited companies, through e-Procurement, may submit a tender. Above that amount, the notice goes to the Tender Bulletin.

Belgian thresholds and calculator: Threshold calculator

Open procedure

In an open procedure, any interested economic operator may submit a tender in response to a contract notice. There is no request to participate: the tender is accompanied by the information requested for selection. The minimum time for receipt of tenders is thirty-five days from the sending of the notice.

Article 2, 22°, and article 36 of the law of 17 June 2016: Law of 17 June 2016 The full open procedure guide, step by step: Open procedure

Restricted procedure

In a restricted procedure, any interested economic operator may ask to participate. Only the candidates the buyer invites after that selection may submit a tender. The minimum is thirty days for the request, from the sending of the notice, and thirty days for the tender, from the invitation. Article 79 sets a minimum of five.

Article 2, 23°, article 37 and article 79, § 2: Law of 17 June 2016 How to read the date of a request to participate: Request to participate The full restricted procedure guide, step by step: Restricted procedure

Negotiated procedure

The law names three procedures in which the buyer may negotiate, each in the cases it provides. The negotiated procedure with prior publication and a direct call lets any interested operator submit a tender. Without prior publication, the buyer turns to the operators it chooses. The competitive procedure with negotiation starts with a request to participate.

Article 2, 24°, 26° and 29°, then articles 38, 41 and 42: Law of 17 June 2016 The cases the law provides are set out here: Negotiated procedure

Request to participate

The request to participate is the writing by which a candidate asks to be selected, before it may submit a tender. It exists in the restricted procedure and in the competitive procedure with negotiation. In the open procedure there is none: the company submits a tender directly.

Article 2, 12°, of the law: Law of 17 June 2016 The date the notice publishes: Request to participate

Qualitative selection

Qualitative selection checks that the candidate or tenderer is not excluded and that it can perform the contract. Article 71 limits selection criteria to the ability to pursue the professional activity, economic and financial standing, and technical and professional ability. This is not the award: the award compares the tenders.

Articles 67 to 71 of the law of 17 June 2016: Law of 17 June 2016 The ESPD is preliminary evidence: ESPD guide

Exclusion grounds

Exclusion grounds are the situations in which the buyer excludes a candidate or tenderer, at any stage of the procedure. Article 67 makes exclusion mandatory after certain convictions, such as corruption or fraud, Article 68 for unpaid tax or social security debts, and Article 69 makes it optional, for example after bankruptcy or grave professional misconduct.

Articles 67 to 70 of the law of 17 June 2016: Law of 17 June 2016 A mandatory exclusion for a conviction lasts five years from the judgment (Article 67, § 2). For tax or social security debts, the buyer gives the company one chance of five working days to put things right (Article 68). The company can prove that its corrective measures are enough to show it is reliable (Article 70). The ESPD declares that none of these grounds applies: ESPD guide

ESPD (DUME, UEA)

The ESPD is called DUME in French and UEA in Dutch. It is the declaration on honour by which the company states that no exclusion ground applies and that the selection criteria are met. Above the European thresholds, the company attaches it to the tender or the request to participate. The buyer accepts it as preliminary evidence.

Article 73 of the law: Law of 17 June 2016 How to complete it: ESPD guide

Tender specification

The tender specification, which the law calls the cahier spécial des charges, is the document in which the buyer describes the work, supply or service, and the conditions for replying and for performing it. The buyer writes it and provides it. The company does not write it: it submits a tender.

Article 2, 43°, of the law: Law of 17 June 2016 Who writes it, and where to read it: What a specification is The file name is not enough to say what the file contains.

Lots

A lot is the part of a contract that can be awarded separately. The buyer sets its nature, volume and subject in the procurement documents. The notice states whether a tender may cover one lot, several or all. The number awarded to one tenderer may be limited, if that maximum is in the notice.

Article 2, 52°, and article 58: Law of 17 June 2016 How many lots one company may bid for: TED notice in lots

Framework agreement

A framework agreement is an agreement between one or more buyers and one or more economic operators that sets the terms of the contracts to be awarded during a given period, in particular prices and, where appropriate, the quantities envisaged. It lasts, like the contracts based on it, no longer than four years, except in duly justified exceptional cases.

Article 2, 35°, and article 43 of the law: Law of 17 June 2016 The contract notice states whether the buyer intends to conclude the framework agreement with one or several operators. When the TED notice publishes the method, with or without reopening of competition, the AOEX page shows it. Read the notice in order: How to read a TED notice The full framework agreement guide: Framework agreement

Subcontracting

Subcontracting means that the contractor entrusts part of the performance of the contract to another company. The contractor remains solely liable to the buyer, which has no contractual link with the subcontractor. In a fraud-sensitive sector, the contractor gives the name, contact details and legal representatives of all subcontractors at the latest when performance starts.

Articles 12 to 12/4 of the royal decree of 14 January 2013, French text: Royal decree of 14 January 2013 (French) A subcontractor may not subcontract the whole of what it was given, nor keep only the coordination. In a fraud-sensitive sector, the chain has at most three levels for works in a category, two for a sub-category and for services (article 12/3). The buyer may check exclusion grounds for direct subcontractors and ask for their replacement (article 12/2). The ESPD, when the tender relies on other entities: ESPD guide

Performance bond

The performance bond (cautionnement, borgtocht) is the financial guarantee the contractor gives for its obligations until the complete and proper performance of the contract. It is in principle five per cent of the contract value, unless the procurement documents set a lower rate or none. The buyer may not require one below 50,000 euros awarded.

Article 2, 8°, and articles 25 to 33 of the royal decree of 14 January 2013, French text: Royal decree of 14 January 2013 (French) It is lodged within thirty days after the contract is concluded, unless a longer period is set (article 27): in cash, in public funds, as a collective bond or through a guarantee from a credit institution or an insurance company. For a framework agreement with a single contractor, the buyer may set a global bond of three per cent (article 25, § 3). Without a bond after formal notice and a last period of fifteen days, the buyer may constitute it ex officio with a penalty of two per cent of the initial amount (article 29). It is released, by half or in full, at provisional or final acceptance (article 33). The contract thresholds: Thresholds 2026-2027

Award

The award is the decision by which the buyer names the chosen tenderer. The buyer relies on the most economically advantageous tender: price, cost, or the best price-quality ratio. The criteria are stated in the contract notice or in another procurement document. The award notice, published afterwards, says who was chosen when that fact is published.

Article 2, 38°, and article 81: Law of 17 June 2016 The award criteria and their weighting, article by article: Award criteria Award notices read on TED: Award notices

Standstill period

The standstill period is the time during which the buyer may not conclude the contract after its award decision. Article 11 of the Belgian remedies law of 17 June 2013 sets it at fifteen days from the communication of the reasoned decision to the candidates and tenderers concerned. It leaves time to request a suspension.

Articles 11, 12, 23 and 30 of the law of 17 June 2013, French text read on Wallex on 28 October 2026: Wallex, remedies law 17/06/2013 If the letters are not sent at the same time, the period runs from the last one. If a suspension request is lodged within those fifteen days (article 23, § 3) and the buyer is told, it may only conclude after the review body decides; otherwise it may conclude when the period ends. There is no standstill when EU-level publication is not mandatory, when the only tenderer concerned is the one awarded, or for a contract based on a framework agreement (article 12). Below EU thresholds, it applies to works published in Belgium whose tender exceeds half the EU threshold (article 30). An action for annulment must be brought within sixty days. The thresholds: Thresholds 2026-2027

Abnormal price

An abnormal price is a price or cost that seems abnormally low or high when the buyer checks the tenders. Article 84 of the law of 17 June 2016 requires that price check. Article 36 of the royal decree of 18 April 2017 then obliges the buyer to ask for written justifications, normally within twelve days.

Articles 33 to 36 of the royal decree of 18 April 2017, French text: Royal decree of 18 April 2017 (French) The justifications cover, among other things, the economics of the method, the technical solutions or exceptionally favourable conditions, the originality of the offer and lawful public aid, as well as compliance with environmental, social and labour law. The tenderer must prove it sent them. The buyer rejects the tender as substantially irregular if a non-negligible item or the total amount stays abnormal; otherwise it states in the award decision why the price is not abnormal. Article 84 of the law: Law of 17 June 2016

Irregular tender

An irregular tender fails to meet a requirement of the contract. Article 76 of the royal decree of 18 April 2017 separates a substantial irregularity, which gives a discriminatory advantage, distorts competition, prevents the tender from being evaluated or compared, or makes the commitment uncertain, from a non-substantial one, which does not make the tender void.

Article 76 of the royal decree of 18 April 2017, French text read on Wallex on 28 October 2026: Royal decree of 18 April 2017 (French) Substantial irregularities include breaches of environmental, social or labour law that carry a criminal penalty, and failure to meet the minimum requirements or those the procurement documents mark as substantial. In an open or restricted procedure, the buyer declares void a tender with a substantial irregularity, or with several non-substantial ones that together have the same effect. In a procedure with negotiation, regularisation is possible in some cases before negotiations start. The minimum requirements are in the specification: What a specification is

Non-award

Non-award is the buyer’s decision not to award the contract at the end of the procedure. Under article 85 of the law of 17 June 2016, running a procedure creates no obligation to award or conclude the contract. The buyer may give up, or start the procedure again, in another way if needed. It publishes this in the award notice.

Article 85 of the law, French text: Law of 17 June 2016 A submitted tender therefore gives no right to the contract. When the specification provides a tender fee (article 12/9 of the royal decree of 14 January 2013), it remains due if the buyer gives up after receiving tenders, provided the other conditions are met: Royal decree of 14 January 2013 (French) Award notices read on TED: Award notices

Contract performance conditions

Contract performance conditions are special requirements the buyer sets for performance. Article 87 of the law of 17 June 2016 allows them if they are linked to the subject-matter of the contract within the meaning of article 81 and indicated in the contract notice or in the procurement documents. They may cover economic, innovation, environmental, social or employment considerations.

Article 87 of the law, French text read on 27 October 2026: Law of 17 June 2016 A performance condition is not an award criterion: it does not score tenders, it binds the successful tenderer. The award criteria are explained here: Award criteria It is found in the specification.

Provisional and final acceptance

Acceptance is the act by which the buyer confirms that the work meets the prescribed checks. Article 64 of the royal decree of 14 January 2013 provides, depending on the case, for provisional acceptance when performance ends and, once a guarantee period expires, final acceptance, which marks the full completion of the contract.

Articles 64, 92, 93, 156 and 157 of the royal decree of 14 January 2013, French text read on Wallex on 28 October 2026: Wallex, royal decree 14/01/2013 For works, a report of provisional acceptance or refusal is drawn up within fifteen days of the set completion date, or of the contractor’s request if it finishes earlier or later. The guarantee period starts at provisional acceptance and lasts one year if the procurement documents say nothing. Final acceptance or its refusal is drawn up in the fifteen days before that period ends. With two acceptances, the performance bond is released half at each (article 93). For services, unless the documents say otherwise, there is a single, final acceptance (article 157). The contract thresholds: Thresholds 2026-2027

Price revision

Price revision is the review clause that adjusts the contract price to changes in its costs. Article 38/7 of the royal decree of 14 January 2013 makes it mandatory in works contracts and in the services listed in its annex 1: hourly wages and social charges, plus, depending on the contract, materials, raw materials or exchange rates.

Article 38/7 of the royal decree of 14 January 2013, French text read on Wallex on 28 October 2026: Wallex, royal decree 14/01/2013 The formula rests on objective, verifiable parameters, with weighting coefficients that reflect the real cost structure, and may include a fixed, non-revisable factor. It is not mandatory for a contract estimated below 120,000 euros whose initial performance period is under one hundred and twenty working days or one hundred and eighty calendar days. For supplies and other services, the buyer may provide for it (§ 2); without a formula, it may refer to the health index or the consumer price index. The formula is found in the specification: What a specification is

Penalties and delay fines

Penalties sanction a performance failure recorded in an official report; delay fines sanction only a missed deadline. Article 46 of the royal decree of 14 January 2013 says delay fines are separate from penalties, due without formal notice and applied automatically for every day of delay.

Articles 44 to 46/1, 86 and 154 of the royal decree of 14 January 2013, French text read on Wallex on 28 October 2026: Wallex, royal decree 14/01/2013 The contractor has fifteen days after the report is sent to submit its defence (article 44). Where no special penalty is set, the general penalty is one-off (0.07% of the initial amount, between 40 and 400 euros) or daily (0.02%, between 20 and 200 euros), from the third day after the report is sent (article 45). VAT is excluded from the calculation base (article 46/1). For works, the fine is R = 0.45 × M × n²/N², capped at 5% of the amount (article 86). For services, it is 0.1% per day of delay, capped at 7.5%, and fines below 75 euros are disregarded (article 154). The contract’s own clauses are found in the specification: What a specification is

Variants and options

A variant is an alternative method of design or performance, requested by the buyer or proposed by the tenderer. An option is an ancillary element that is not strictly necessary to perform the contract. Article 56 of the law of 17 June 2016 says the buyer allows or requires them in the notice. Without that statement, none is allowed.

Article 2, 53° and 54°, and article 56 of the law, French text: Law of 17 June 2016 Below the EU thresholds, unless the procurement documents say otherwise, the tenderer may submit free variants and free options. The procurement documents set the minimum requirements of a variant and say whether a base tender is also required. Where the TED notice says it, lot by lot: Variants in a TED notice

CPV

The CPV, the Common Procurement Vocabulary, is the European classification of what a contract is for. Article 2, 40°, of the law defines it by Regulation (EC) No 2195/2002. AOEX compares these codes with the company’s published activity in order to sort notices that are still open. A code missing from the notice is not invented.

Article 2, 40°: Law of 17 June 2016 Compare a notice and an activity: Activity and CPV

Common questions

What is the ESPD in a Belgian public contract?

The ESPD, DUME in French and UEA in Dutch, is the company’s declaration on honour. Above the European thresholds, the company attaches it to the tender or the request to participate. The buyer accepts it as preliminary evidence, instead of certificates.

Where is a Belgian contract notice published?

Above the European thresholds, the notice goes to the Official Journal, so to TED, and to the Belgian procurement bulletin. Below those thresholds, it can stay in that bulletin alone, on the e-Procurement platform. The Belgian Official Gazette is not that bulletin.

What is the difference between qualitative selection and award?

Qualitative selection checks that the company is not excluded and that it can perform the contract. The award then names the tenderer chosen, on the basis of the most economically advantageous tender.

Does the Belgian Official Gazette publish contract notices?

The Belgian Official Gazette publishes laws, decrees and company acts. Contract notices appear in the Belgian procurement bulletin and, above the European thresholds, on TED. AOEX does not take notices from the Gazette: there is no open feed.

Texts cited

The French text of the law of 17 June 2016 is on Justel: Law of 17 June 2016 The AOEX guide to that law: Law guide BOSA describes the Belgian platform: BOSA, 9 August 2024 TED is the electronic Supplement to the Official Journal: TED