Common use of Procurement Procedure Clause in Contracts

Procurement Procedure. Considering article 14, §2, 1° of the law of June 17, 2016 relating to public procurement, it would not be appropriate to impose the obligation to use electronic means of communication referred to in article 14, § 7, of the law. The nature of the public contract in question is such that national or regional economic operators do not have equal access to the requirements linked to the use of the Belgian federal “e-Procurement” platform. The technical characteristics can therefore be discriminatory and can restrict the access of economic operators to the procurement procedure, in particular, in terms of speed and quality of the internet connection, as well as the quality of the electricity transport network. In addition, the particular forms provided by this platform from the point of view of electronic signature are not yet compatible with the ICT generally used.

Procurement Procedure. Considering article 14, §2, 1° of the law of June 17, 2016 relating to public procurement, it would not be appropriate to impose the obligation to use electronic means of communication referred to in article 14, § 7, of the law. The nature of the public contract in question is such that national or regional economic operators do not have equal access to the requirements linked to the use of the Belgian federal “e-Procurement” platform. The technical characteristics can therefore be discriminatory and can restrict the access of economic operators to the procurement procedure, in particular, procedure in terms of speed and quality of the internet connection, as well as the quality of the electricity transport network. In addition, the particular forms provided by this platform from the point of view of electronic signature are not yet compatible with the ICT generally used.