Key Benefits:
Decision of 5 February 2013, laying down certain topics of the Procurement Act in the field of defence and security (Procurement Act in the field of defence and security)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 9 October 2012, No WJZ/12330580, done on behalf of our Minister of Defence;
Having regard to Directive No 2009 /81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supplies and services by contracting authorities in the fields of defence and security, and to Change of Directives 2004 /17/EC and 2004 /18/EC (PbEU L 216) and the Articles 2.74, second paragraph , and 3.1, 1st paragraph, of the Procurement Law in the Defence and Security Area ;
The Department for the Advisory Board of the State Hearing (Opinion of 6 December 2012, No W15.12.0415/IV);
Having regard to the further report of our Minister of Economic Affairs of 31 January 2013, No WJZ/12378942, released on behalf of our Minister of Defence;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
electronic signature: a signature as intended in Article 15a, 4th paragraph, of Book 3 of the Civil Code ;
Advanced electronic signature: a signature that complies with the requirements of Article 15a, second paragraph, parts a to f, of Book 3 of the Civil Code ;
Law: The Procurement law in the field of defence and security .
In the declaration provided for in Article 2.74 of the Act , at least the following information shall be included:
a. The name and address details of an undertaking, the number of the entry in the trade register and the contact details;
a statement of the exclusion grounds mentioned in the Act;
(c) a statement of the requisite conditions of eligibility;
d. a statement of the manner in which the selection criteria are fulfilled;
(e) a statement as to the correctness of the completed declaration, the competence of the signatory;
f. The date and signature.
1 A contracting authority or special sector undertaking shall communicate to the tenderers and candidates whether the communications and exchanges of information are made by means of the mail or fax, by electronic means, in accordance with the fifth paragraph and Article 5 , by telephone, or by means of a combination of these means, unless it is a message for which the law provides for the mode of dispatch.
2 A contracting authority or a special sector undertaking shall use means of communication which are generally available and which does not limit the access of economic operators to the procurement procedure.
3 A contracting authority or special-sector undertaking shall ensure the integrity of the information and the confidentiality of tenders and requests for participation in the communications, exchanges and storage of information.
4 A contracting authority or special sector undertaking shall, after the expiry of the deadline for the submission of tenders and tenders, be aware of the content of requests to participate and tenders.
5 A contracting authority or special sector undertaking uses electronic means for communications which, like its technical characteristics, are non-discriminatory and generally available and which are generally used in combination with the general use of information and communication technology products can function.
1 A contracting authority or special sector undertaking shall ensure that requests to participate in a procedure for the award of a contract may be made in writing or by telephone.
2 Where requests to participate are made by telephone, the contracting authority or the special-sector undertaking shall forward a written confirmation before the expiry of the time limit for receipt.
1 The transmission and the means for the electronic receipt of tenders, and the means for the electronic receipt of requests to participate, shall apply from the second to the fifth paragraph.
2 A contracting authority or special sector undertaking shall ensure that the information relating to the specifications necessary for the electronic submission of tenders and requests to participate, including encryption, shall be provided for interested parties. parties are available.
3 A contracting authority or special sector undertaking may take into account: Article 15a of Book 3 of the Civil Code require the use of an advanced electronic signature in electronic enrollments.
4 Any tenderer or candidate shall serve the documents, certificates and declarations made by him on the basis of Article 2.75, first and third paragraphs, of the Act , if they are not available in electronic form, shall be required before the expiry of the deadline for the submission of tenders or requests to participate.
5 A procuring entity or special sector undertaking shall provide that the means for the electronic receipt of tenders and requests to participate by appropriate technical provisions shall provide at least the guarantee that:
(a) in respect of the use of electronic signatures in the case of tenders and requests to participate, Article 15a of Book 3 of the Civil Code ,
(b) the date and the date of receipt of tenders and requests to participate may be fixed,
(c) it is reasonable to ensure that no one can have access to the information provided in accordance with these requirements before the specified deadline,
d. in the event of an infringement of this access ban, it can reasonably be ensured that the infringement can be detected without problems,
e. only the authorised persons can set or change the dates for disclosure of the information received,
During the various stages of the procurement procedure, only simultaneous action by the authorised persons may give access to the whole or part of the information provided,
g. the simultaneous action of the authorised persons may give access to the information provided only after the specified date; and
h. The information received and disclosed shall remain accessible only to persons authorised to inspect.
A procuring entity or special sector undertaking may establish or maintain voluntary accreditation schemes in order to arrive at a higher level of the certification service of resources intended in Article 5, fifth paragraph .
This Decision shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This Decision is cited as: Procurement decision in defence and security matters.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 5 February 2013
Beatrix
The Minister for Economic Affairs,
H.G.J. Kamp
The Minister of Defence,
J.A. Hennis-Plasschaert
Published the fifteenth of February 2013The Minister for Security and Justice,
I. W. Opstelten
