A clear view on legal issues
Recently the Proportionality Guide has been made available. The Proportionality Guide intends to ensure that all requirements imposed by a contracting authority are proportionate to the object and scope of the public contract.
The Proportionality Guide further elaborates on the principle of proportionality and how it should be applied in procurement procedures. Accordingly, the application of the Guide should strengthen the position of small and medium-sized enterprises during tender procedures. Contracting authorities may only deviate from the detailed provisions on proportionality if this is properly motivated in the tender documents.
The Proportionality Guide already exists in The Netherlands in a Dutch version and is used by Dutch contracting authorities for many years already. Now an English translation has been made available to also assist other European contracting authorities in their public procurement.
Download The Proportionality Guide here.