The open procedure in Belgian public procurement
In Belgium, an open procedure lets any interested economic operator submit a tender in response to the notice. Article 36 of the law of 17 June 2016 sets thirty-five days minimum from the sending of the notice. That period may be reduced to fifteen days with a prior information notice that meets paragraph 2, or in duly justified urgency.
Updated
In Belgium, an open procedure lets any interested economic operator submit a tender in response to the contract notice. Article 36 of the law of 17 June 2016 sets thirty-five days minimum, reducible to fifteen days with a prior information notice or in duly justified urgency. There is no request to participate. On TED, the notice shows the procedure type and the tender deadline.
A tender, with no prior invitation
In Belgian public procurement, the open procedure is the one in which any interested economic operator may submit a tender. There is no candidature stage, and no invitation to wait for.
The law of 17 June 2016 as a whole is explained here: Guide to the law of 17 June 2016 The official text is on Justel. The restricted procedure, in two steps, is here: Restricted procedure The procedures in which the buyer may discuss the tender are here: Negotiated procedure
The French text, which was read for article 36 below: Law of 17 June 2016 (Justel, French) The Dutch text: Law of 17 June 2016 (Justel, Dutch)
Open or restricted
Article 35 names both where a contract notice has been published. The type is on the notice. On a TED notice it is at point 2.1, “Procedure type”. This page does not choose the procedure in place of the notice.
| Point | Open procedure | Restricted procedure |
|---|---|---|
| Who may submit a tender | Any interested economic operator | Only the operators invited after the request to participate |
| Stages | One stage: the tender, with the selection information requested | Two stages: a request to participate, then the tender |
| Minimum time limits | 35 days for tenders, from the sending of the notice. 15 days with a prior information notice (art. 36, § 2) or, in justified urgency, a period of at least 15 days. The 35-day period may be reduced by 5 days if the tender is electronic | 30 days for the request. 30 days for the tender from the invitation. 10 days for the tender with a prior information notice (art. 37, § 3). Justified urgency: at least 15 days for the request and 10 days for the tender. The 30-day tender period may be reduced by 5 days if it is electronic |
| When it is used | Article 35 names it where a contract notice has been published. These articles do not set an amount that would require it | The same article 35. Article 79 sets a minimum of five candidates, except below the European publicity thresholds |
| What the TED notice shows | The procedure type, at point 2.1, and a deadline for receipt of tenders | The procedure type, at point 2.1. The published date is often the one for the request to participate |
What the law of 17 June 2016 says
Article 36, § 1, says that in an open procedure any interested economic operator may submit a tender in response to a contract notice. The minimum period for receipt of tenders is thirty-five days from the date the contract notice is sent. The tender is accompanied by the information for selection that the contracting authority requests. The sentences in this section are an English rendering of the French text.
Paragraph 2 allows that minimum to be reduced to fifteen days where the contracting authority has published a prior information notice and both conditions of the paragraph are met. The prior information notice had to contain all the information set by the King, insofar as it was available when the notice was published. It had to have been sent for publication at least thirty-five days and at most twelve months before the date the contract notice was sent.
Paragraph 3 covers a state of urgency duly justified by the contracting authority, which makes the thirty-five-day period impossible to meet. The period set cannot then be shorter than fifteen days from the date the contract notice is sent.
Paragraph 4 allows the period for receipt of tenders in paragraph 1, second subparagraph, that is the thirty-five-day period, to be reduced by five days where tenders are submitted by electronic means under the rules on electronic platforms adopted under article 14, § 1, second subparagraph, and §§ 5 to 7. In the text of the article, that five-day reduction does not apply to periods already reduced to fifteen days.
Paragraph 5 says the King may set additional procedural rules for the open procedure. This page does not list them: they are in the decree, and the period that counts remains the one on the notice.
Article 35 places the open procedure among the procedures that may be used where a contract notice has been published, alongside the restricted procedure, the competitive procedure with negotiation, the competitive dialogue, the innovation partnership and the direct negotiated procedure with prior publication. It does not, in that article, set an amount above which the open procedure would be required. The amounts for 2026 and 2027 are in the thresholds guide: Thresholds 2026-2027
TED, the directive, the Belgian platform
Above the European thresholds, a notice sent to the Official Journal of the European Union is read on TED: TED Directive 2014/24/EU provides for the open procedure in article 27. The Belgian law of 17 June 2016 transposes part of it. Text of the directive: Directive 2014/24/EU
Belgian contracts that are not on TED are explained here: Markets not on TED The federal platform is e-Procurement The BOSA page on that platform: BOSA, e-Procurement
What an SME checks before replying
The statutory minimum is not, by itself, the day of submission. The day and the address that count are those of the notice and the procurement documents.
- Read the procedure type on the notice, in a useful order: How to read a TED notice
- Check that the deadline TED publishes for receipt of tenders has not passed: Still open The list of deadlines that are still open is here: Deadlines
- Submit the tender, with the selection information requested, before that date. There is no request to participate to file first.
- Above the European thresholds, the ESPD is attached to the tender. How to complete it: ESPD guide
- Read the award criteria and their weighting in the notice or the procurement documents. What the law of 17 June 2016 says about them (articles 81 and 82): Award criteria
- If the notice is in two stages, this is no longer this procedure: the date is then for the request to participate. That case is here: Request to participate
- An alert for new notices is set here: Alert
What AOEX does not do
AOEX does not submit the tender, does not choose the procedure in place of the buyer and does not contact the buyer. This page does not say who will be selected.
The text to follow remains the latest official notice and the procurement documents.
Common questions
Can a company that was not invited submit a tender in an open procedure in Belgium?
Yes. Article 36, § 1, of the law of 17 June 2016 says any interested economic operator may submit a tender in response to a contract notice. There is no prior invitation.
Is the minimum period always thirty-five days?
No. Thirty-five days is the minimum in article 36, § 1, from the date the notice is sent. § 2 allows that minimum to be reduced to fifteen days where a prior information notice meets the two conditions of that paragraph. § 3 allows, in duly justified urgency, a period that cannot be shorter than fifteen days. § 4 allows the thirty-five-day period to be reduced by five days where tenders are submitted electronically. The notice may publish a later date. The date on the notice is the one that counts.
Is a request to participate required first?
No. The request to participate belongs to the restricted procedure, in article 37. In an open procedure the company submits a tender directly, together with the selection information the buyer requests.
Does AOEX submit the tender in an open procedure?
No. AOEX reads TED notices that are still open. It does not submit the tender and does not contact the buyer. The text to follow remains the official notice and the procurement documents.
Sources
Law of 17 June 2016, article 36, French text read on Justel on 26 October 2026: Law of 17 June 2016 (Justel, French) Dutch text: Law of 17 June 2016 (Justel, Dutch) Directive 2014/24/EU: Directive 2014/24/EU
This note describes public documents and how AOEX works. It is not legal advice.
Edited by aoex.
