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Requirements must fit the contract. The Proportionality Guide spells this out, and you can refer to it in the question round.
Checked on 15-09-2026
Dutch procurement law contains the principle of proportionality: the choices a contracting authority makes and the requirements and conditions it sets must be reasonably proportionate to the nature and scope of the contract. Requirements may not restrict competition disproportionately.
The details are set out in the Proportionality Guide (Gids Proportionaliteit), a mandatory guideline. The current version is the third revision, in force since 1 January 2022. The Guide applies to European, national and multiple private (meervoudig onderhandse) procedures, including special-sector companies. Chapters 3 and 4 contain provisions that work on a comply-or-explain basis: an authority that deviates explains in the tender documents why, how far and why that is justified in this situation.
The Guide covers, among other things, the choice of procedure, the size of the contract, exclusion grounds, suitability requirements, award criteria, time limits and contract conditions. For suitability requirements, think of the level of a turnover requirement, the number and size of references requested, or mandatory certificates.
What can you do if a requirement seems too heavy? The first step is to raise it in the question round, referring to the relevant provision of the Guide and offering a concrete alternative. PIANOo calls this the principle of first ask, then complain. If that does not help, the next step is a complaint to the contracting authority and then, if needed, the Commissie van Aanbestedingsexperts (Procurement Experts Committee), which gives non-binding advice. Another route is to cooperate: bid as a consortium or rely on the capacity of another company, which you record in the ESPD.
What this means for you: set the suitability requirements against the size of the contract. If a requirement excludes you while you can demonstrably do the work, that is a reason to ask a question, not to drop out straight away. Mind the timing: objections to the set-up of a tender belong on the table before the closing date, because those who wait until after the award often lose the right to object.
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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