Netherlands

1. Policy

The Dutch Public Procurement Act includes the following RBC objectives – additional frameworks apply, depending on the RBC objective:

Environment

The Clean Energy Directive, Energy Performance of Buildings directive and IT-products set environmental criteria for public buyers.

Human rights

Labour rights

People with disabilities

Long-term unemployed people

Integrity

The Code of ethics at both national and subnational level. The Public Administration Probity Screening Act obliges authorities and public services to apply new instruments in procurement procedures to prevent criminals from making use of specific government provisions.

Strategic frameworks

The Action Plan for Responsible and Sustainable Procurement by governments (2015-2020) targets, among others, environmental goals (reducing environmental impact), human rights considerations (based on ILO and SDGs standards), labour rights and considerations related to people with disabilities.

2. Implementation

Pre-tender phase

  • To understand the possible risks that could occur during the procedure, public buyers can conduct a risk analysis, allowing them to choose which social conditions will apply for the specific tender. The agreed social conditions must be published in the announcement of the tender.

Tender phase

  • Contracting authorities may require bidders to submit compliance declarations with specific requirements related to environmental and labour laws.

  • To prevent human rights violations, contracting authorities can exclude bidders who have committed human rights infractions.

  • Contracting authorities can reserve tender procedures to companies that have proven to comply with the required minimum percentage (30%) of hiring of people with disabilities or unemployed people.

Post-tender phase

  • Local governments can reserve up to 10% of contract performances for disabled or unemployed persons.

3. Good Practices

  • A new law is currently being enacted that provides for the introduction of a duty of care. This new rule aim to prevent child labour.

  • The Manifest MVI (MVI Manifesto), is an initiative in which all signatory contracting authorities (including decentralised) commit to creating and implementing an action plan detailing their policy objectives and commitments regarding strategic public procurement.

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