The Act of 17 June 2016 on public procurement forms the foundation of Belgian procurement law. It replaces the earlier Act of 15 June 2006 and transposes European Directives 2014/24/EU (classic sectors) and 2014/25/EU (special sectors) into Belgian law. It has been fully in force since 30 June 2017 and governs how public authorities in Belgium put their contracts for works, supplies and services on the market.
As a contractor competing for public contracts, this act is your daily playing field. In this article we explain the core principles, procedures and main points of attention — without legal jargon, but accurate and complete.
The four fundamental principles
The act rests on four principles that recur in every procurement, from a small contract of €30,000 to a European mega-project:
Equality and non-discrimination. All contractors must be treated equally. A contracting authority may not draft specifications tailored to one specific supplier, nor apply selection criteria that exclude foreign contractors without objective justification.
Transparency. The rules of the game must be clear in advance. The specifications must contain all award criteria, weightings and conditions. An authority cannot add new criteria or adjust weightings after the fact.
Proportionality. Requirements must be proportionate to the contract. You cannot expect motorway references from a contractor building a municipal cycle path.
Competition. The act protects fair competition. Article 5 explicitly prohibits the artificial restriction of competition — both by the contracting authority and by tenderers themselves (think of price-fixing or dividing up contracts).
These principles are not abstract theory. They are the grounds on which you can lodge an appeal if you believe a procurement was conducted unfairly.
Who falls under the act?
The act applies to all contracting authorities in the classic sectors: federal government departments, communities, regions, provinces, municipalities, public centres for social welfare (OCMW/CPAS), intermunicipal organisations, and bodies governed by public law. In addition, certain private companies also fall under it if they operate in special sectors (water, energy, transport, postal services) or if they receive more than 50% public subsidies.
In practice, this means you face the same basic rules as a contractor whether you are tendering for a contract from the city of Ghent, the Flemish government, or an intermunicipal organisation in Wallonia.
The six award procedures
The 2016 act provides for six procedures. Which procedure applies depends on the estimated value, the complexity, and whether negotiation is allowed.
1. Open procedure
The most straightforward procedure. Any contractor may submit a tender. Selection and award take place in a single phase. There is no negotiation — your tender is your tender. Suitable for contracts where the specifications are clear and the market has enough suppliers.
2. Restricted procedure
Works in two phases. First you submit a request to participate (the selection phase). The contracting authority selects candidates based on qualitative criteria. Only the selected candidates may then submit a tender. Useful when the authority wants to limit the number of tenderers, e.g. for complex contracts.
3. Competitive procedure with negotiation
Also in two phases, but here the contracting authority may negotiate with tenderers on the terms after receiving tenders. This is a widely used procedure for contracts below the European threshold for supplies and services, or for works below €750,000. The authority must justify this choice.
4. Simplified negotiated procedure with prior publication
A single-phase procedure specifically for contracts below the European thresholds. The contract is published, any interested contractor may submit a tender, and negotiation is permitted. The submission period is only 22 days. In practice, this is one of the most commonly used procedures for medium-sized contracts.
5. Negotiated procedure without prior publication
The contracting authority directly invites a number of contractors (at least three, where possible) to submit a tender. No public announcement. Only permitted under strict conditions, the most important being: the estimated value falls below the European threshold for supplies and services (€140,000 for federal authorities, €221,000 for other authorities in the 2024–2025 period). The authority must thoroughly justify this choice.
6. Low-value contracts
For contracts below €30,000 (excl. VAT). These can be concluded via a simple accepted invoice. The authority must still seek competition, but the formal procedures are minimal.
Thresholds: when Belgian, when European?
The estimated value of the contract determines which publication rules apply. Below the European thresholds, a Belgian publication (via e-Notification) suffices. Above the thresholds, the contract must also be published at European level via TED (Tenders Electronic Daily).
The European thresholds are revised every two years based on international exchange rates. For the 2026–2027 period, the following amounts apply (excl. VAT):
| Contract type | Threshold 2024–2025 | Threshold 2026–2027 |
|---|---|---|
| Works | €5,538,000 | €5,404,000 |
| Supplies & services (federal authorities) | €143,000 | €140,000 |
| Supplies & services (other authorities) | €221,000 | €216,000 |
| Special sectors — supplies & services | €443,000 | €432,000 |
These thresholds are set out in Delegated Regulation (EU) 2025/3009 of the European Commission. In borderline cases, it is important to apply the correct threshold — a contract just above the threshold must be published at European level, with corresponding longer time limits and stricter procedures.
The ESPD: your standard CV for procurement
For contracts above the European thresholds, the European Single Procurement Document (ESPD) is mandatory. This is a standardised form in which you as a contractor declare that you meet the selection requirements (no exclusion grounds, financial standing, technical capability) — without having to submit all supporting documents immediately.
The major advantage: you do not need to collect the same certificates and attestations for every tender. Only the winning tenderer ultimately has to provide the actual supporting documents. The ESPD is available in XML format, so you can reuse it for subsequent tenders.
For contracts below the European thresholds, the ESPD is not mandatory, but some contracting authorities still request it. In that case, it will be stated in the specifications.
Lump-sum basis and price revision
A subtle but important point: public contracts are in principle awarded on a lump-sum basis (Article 9). This means that as a tenderer you offer a fixed price for the entirety of the services. You bear the price risk.
However, the act explicitly provides for the possibility of price revision clauses — formulas that adjust the price to reflect changes in wages, materials or other cost components. These clauses must be clearly stated in the specifications. As a tenderer, it is crucial to check whether the revision formula is realistic and reflects your actual cost evolution.
Recent amendments and developments
The 2016 act is not a static document. It has been amended several times:
Act of 22 December 2023 — Better access for SMEs. This amendment obliges contracting authorities to divide contracts into lots where possible, and to keep selection requirements proportionate. The aim: to lower barriers for small and medium-sized enterprises.
Royal Decree of 13 August 2023 — Governance and oversight. This royal decree strengthens governance rules for the award and execution of contracts, with particular attention to integrity and conflicts of interest.
eForms (2024). The new European standard for contract notices replaces the old forms. For tenderers, little changes, but the structured data make it easier to search and analyse contracts — precisely what tools like TenderWolf do.
European revision (expected 2026–2027). The European Parliament called in September 2024 for a significant increase in the threshold amounts for supplies and services. The current thresholds essentially date from 1994. The European Commission is preparing a proposal expected in the second half of 2026.
What does this mean for you as a contractor?
The Public Procurement Act 2016 offers contractors a clear framework, but requires you to know the rules of the game:
Know the procedure that applies to your contract. An open procedure works fundamentally differently from a negotiated procedure — your strategy must be aligned accordingly.
Check the threshold amounts. They determine which procedure the contracting authority may use, whether the contract must be published at European level, and whether an ESPD is required.
Read the specifications thoroughly. The four fundamental principles give you rights. If specifications impose disproportionate requirements or restrict competition, you have grounds to ask questions or lodge an objection.
Use the ESPD strategically. Complete it carefully and keep it in XML format. You will reuse it for every subsequent tender above the European threshold.
Stay up to date with changes. The legislation is constantly evolving. A tool that monitors the market for you — like TenderWolf — not only saves you time searching, but also alerts you to relevant changes.
Sources
The official legislative texts and current threshold amounts can be found at: