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Which insurance a contracting authority may require, how you prove it and which limits the Proportionality Guide sets.
Checked on 15-09-2026
In tenders the question is usually about one of two liability insurances. General liability insurance covers damage that you or your staff cause to other people or their property during the work. Professional liability insurance covers financial loss caused by an error in your advice, design or calculation, and is relevant for companies that advise, design or calculate, such as engineers, consultants and IT service providers. Which of the two you need, and for what amount, is stated in the tender documents.
The Dutch Public Procurement Act 2012 allows a contracting authority to require an appropriate level of insurance against professional risks, as part of economic and financial standing (article 2.90). Proof of such insurance is one of the means by which you demonstrate that standing (article 2.91). The authority states in the notice or invitation which documents it wants to see. If for valid reasons you cannot provide the requested document, you may offer other evidence the authority considers suitable.
The Proportionality Guide limits the liability in the contract. Unlimited liability is not required; in setting an appropriate limit, the authority considers the actual risks and what is customary in the sector (rule 3.9 D). Risks belong with the party best able to manage them (3.9 A). The Guide also points out that not everything is insurable: warranty obligations, penalties and indemnities are generally not insured. An authority may not require insurance pay-outs to be assigned to it (3.5 D).
What this means for you: have your policy schedules ready and compare the insured amount per claim and per year with what the tender requires. Ask your insurer in advance whether higher cover is possible and what it costs, so you can act quickly at award. Read the liability clause in the draft contract and raise it in the question round if it goes further than you can insure; the Guide expects the authority to allow room for such proposals (3.9 B).
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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