Sustainability is no longer a side issue in public procurement. The European directives and the Belgian Act of 17 June 2016 expressly enable contracting authorities — and in some cases oblige them — to integrate social and environmental criteria into their contracts. For tenderers, this means a strong bid must score not only technically and financially, but also in terms of social value.
The legal framework
Article 7 of the Act of 17 June 2016 requires economic operators to comply with all applicable obligations in the fields of environmental, social and labour law when executing a public contract. This also applies to their subcontractors.
Directive 2014/24/EU confirms that the authority may assess the most economically advantageous tender on the basis of qualitative, environmental and social aspects, provided these are linked to the subject matter of the contract.
Three levels of integration
Sustainability criteria can be built into the procurement at three levels:
Selection criteria. The authority assesses whether the tenderer has the capacity to perform sustainably. Examples: an environmental management system (ISO 14001, EMAS), experience with circular projects, or a CSR certification.
Award criteria. The authority assesses the tender itself on sustainability aspects. Examples: life-cycle costs (total cost of ownership), CO₂ reduction in the proposed approach, or the deployment of social economy enterprises. Award criteria must relate to the subject matter of the contract and may not be disguised selection criteria.
Execution conditions. Obligations that apply during execution. Examples: maximum emission standards for transport, mandatory reporting on waste streams, deployment of disadvantaged groups on site, or use of sustainable materials.
Environmental criteria in practice
Life-cycle costing
The law permits the authority to assess price on the basis of life-cycle costs rather than purchase price alone. This includes costs for use, maintenance, consumption, recycling and disposal. External environmental costs — such as the costs of CO₂ emissions — may also be counted, provided the calculation method is objective and non-discriminatory.
Labels and certificates
The authority may refer to specific labels as evidence that a product or service meets certain environmental characteristics. Think of the EU Ecolabel, FSC for wood products, or Cradle to Cradle. The conditions are:
- The label requirements relate to the subject matter of the contract.
- The requirements are based on objectively verifiable criteria.
- The label was established through an open and transparent procedure.
- The authority also accepts equivalent labels or other means of proof.
An authority may therefore not require that a tenderer holds exclusively a specific label — alternative means of proof must be accepted.
Contratación pública ecológica (GPP)
The European Commission has developed GPP criteria for dozens of product groups — from office supplies to buildings, from food to IT equipment. These criteria are not binding but serve as a reference framework. In Belgium, an increasing number of specifications refer to GPP criteria, especially in federal procurements.
The federal government publishes a sustainable purchasing guide (guidesustainableprocurement.be) with criteria for approximately 250 products and services. Federal government departments that deviate from BOSA’s sustainable framework contracts must justify this (“comply or explain”).
Social criteria in practice
Social clauses
Social clauses are conditions in the specifications that pursue a social objective. The most common:
Training clause. The contractor devotes a percentage of hours worked to training interns, apprentices or jobseekers.
Employment clause. The contractor deploys persons from disadvantaged groups for part of the execution — long-term unemployed, persons with a disability, or newcomers.
Social economy clause. Part of the work is reserved for or performed by sheltered workshops or social enterprises.
Reserved contracts
The Act of 17 June 2016 (Article 15) provides the option to reserve contracts for sheltered workshops or social enterprises. The condition is that at least 30% of the enterprise’s staff consists of disadvantaged workers. This is a powerful instrument but is used in a limited way in practice.
Labour legislation and ILO conventions
The authority checks whether tenderers comply with applicable social and labour legislation. For contracts with an international character, the core conventions of the International Labour Organisation (ILO) also play a role — particularly the prohibition on child labour, forced labour and discrimination.
Circular procurement
Circular procurement is a growing theme in Belgium, with coordinated initiatives at all levels of government.
Flanders: The Green Deal on Circular Procurement (since 2017, coordinated by VVSG, The Shift and Bond Beter Leefmilieu) counted over 150 participants committed to applying circular principles in their purchasing policy.
Wallonia: The Green Deal Achats Circulaires (since late 2019) promotes circular purchasing in the Walloon Region.
Brussels: The Brussels-Capital Region structurally invests in the promotion of circular procurement.
The federal government has developed strategic fiches for ten priority product categories to help integrate circularity criteria into specifications.
Strategy for tenderers
Identify sustainability criteria early. Read the specifications thoroughly for GPP references, labels, social clauses and execution conditions. These criteria contribute to your score and your compliance.
Collect evidence proactively. If you hold ISO 14001, EcoVadis, or FSC certification, ensure these documents are current and correct. Maintain a dossier with all relevant certificates.
Quantify your sustainability approach. Vague promises do not score. Provide concrete figures: CO₂ savings in tonnes, percentage of recycled material, number of training hours, concrete plan for social employment.
Calculate life-cycle costs. If the specifications use TCO or LCC as an award criterion, present a substantiated calculation demonstrating your product or service is more cost-effective over its full life — even if the purchase price is higher.