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The question round is the official channel to the buyer. If you do not raise unclear points in time, it is hard to come back to them later.
Checked on 15-09-2026
In a tender, bidders ask their questions through the procurement platform, up to the deadline stated in the tender documents. The contracting authority answers them in a clarification note (nota van inlichtingen, NvI), which goes to all bidders. TenderNed points out that the question round is the only official communication channel: making assumptions is riskier than asking.
The clarification note forms part of the tender documents and takes precedence over information provided earlier. What it says therefore applies to everyone. Essential conditions, such as technical specifications and award criteria, may not be changed through the NvI outside negotiated procedures; that requires a corrigendum or a new tender (Court of Justice, Borta, 2017).
Asking questions is also a matter of legal protection. Courts interpret the documents as a reasonably well-informed and normally diligent tenderer would read them, and expect a tenderer to be proactive and raise unclear points in time. Anyone who fails to do so usually cannot rely on them after the award; this is called forfeiture of rights (for example District Court of Noord-Nederland, 2019). Anyone who disagrees with an answer in the NvI is also expected to raise it before the award decision (Court of Appeal of Leeuwarden, 2012).
A good question is specific: name the section, quote the passage, explain what is unclear or disproportionate and, where possible, make a proposal. Remember that the answer goes to all bidders, so keep it businesslike and free of commercially sensitive details.
What this means for you: read the tender documents as soon as they are published, note every unclear point and every requirement you are unsure about, and submit your questions well before the question deadline. Then read every clarification note in full, because answers can clarify or change requirements. A question you do not ask is hard to rely on later.
These articles explain how public tendering works; they are not legal advice. If you are unsure about a specific tender, ask your question through the clarification round or consult a lawyer.
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