Contrato marco de servicios de programas informáticos para la planificación de la lista de tareas y la funcionalidad conexa

✓The prices are determined as unit prices in euro (two decimals, exclusive of VAT) linked to staffel thresholds based on active users, with all users within the band paying the band price.

✓The place of performance is at the enterprises and their sites (any number of establishments) whose head office is in Flanders or Brussels, with possible phased roll-out per site; hosting can be on the organisation’s own servers or on the provider’s infrastructure, but must meet security and data-location requirements (e.g.

✓EU-based servers if requested).

✓The award criteria and weighting are also set out clearly.

✓For instance, the evaluation is out of 100 points: 50 for price and 50 for quality.

✓Price is split into 35 points for “price per active user” (based on inventory posts B and V multiplied by presumed quantities, with B weighted 1 and V weighted 0.75; O is excluded but binding), 10 points for “price structure” (based on the completed price-structure questionnaire addressing topics such as when a licence becomes payable, treatment of temporary staff and long-term absentees), and 5 points for “regieprijzen extra dienstverlening” (calculated by combining estimated day-parts and hourly rates on‑site/off‑site).

✓Quality is split into 35 points for “functionaliteit” (including how the mandatory B and V functions are realised and the performance of the architecture), 7.5 for “schaalbaarheid” (availability and relevance of optional modules O, restcatalogus and roadmap developments 2027–2030), and 7.5 for “service” (implementation plan, follow‑up reporting, routine support, helpdesk functioning, SLA, roles and responsibilities at client side, and in‑application help/learning tools).

✓Quality is assessed via document review, demos and tests in a demo environment, with testers having a SPOC at the bidder’s side.

✓Distinctive elements identified during evaluation (and optionally described by bidders on a one‑page “OND_” document) feed into the detailed scoring per sub‑criterion.

✓The text also sets out various risks and special conditions affecting bidders and future contractors.

✓As such, the validity period (verbintenistermijn) for offers is 240 calendar days from the deadline (Wednesday 23 September 2026 at 9:00).

✓Questions about the tender must be submitted via the publicprocurement.be forum up to 14 calendar days before opening, with answers provided no later than 10 days before opening; answers become part of the tender documents.

✓Variants and options are prohibited, and bidders automatically waive conflicting general or special sales conditions.

✓Regarding guarantees, Koopkoepel deviates from the standard rules by allowing each participating organisation to impose a performance bond (borgtocht) up to 5% of the specific contract’s value (calculated over 10 years based on the per-employee price), released in two stages after one and six successful monthly payroll runs.

✓As for penalties and rebalancing, the contracting authority can suspend performance without compensation, impose financial remedies (e.g. price reductions) or terminate for breaches or disadvantage caused by the contractor, and prices can be exceptionally revised in case of tax changes or unforeseeable events that disturb the contractual balance by certain percentages.

✓Underperformance (e.g. repeated delays, incorrect pricing, non-compliance with data protection, slow systems, poor helpdesk) may trigger the cascade mechanism at mini‑competition level, with the client organisation terminating the contract with the first-ranked supplier and moving entirely to the second-ranked without a new tender.

✓Subcontracting is allowed but strictly regulated: each subcontractor must meet the same financial/technical minima and exclusion rules, must be listed with its share of the contract, and any change requires prior written approval; the main contractor remains fully liable, including for freelancers whose quality assurance must be described.

✓Insurance obligations require proof of work accident and civil liability cover within 30 days of contract award and upon request within five working days.

✓Communication is limited strictly to Koopkoepel staff until award; contacts with representatives of member organisations about the dossier are forbidden to protect competition and equal treatment, with Koopkoepel reserving the right to refuse bidders who violate this rule.

❓As to contradictions or corrections in the documents, the text itself provides a mechanism but does not clearly show conflicting provisions in the excerpt.

✓It states, for example, that suspected errors or gaps in the tender documents that would impede price calculation or comparison must be reported immediately; if justified, Koopkoepel will amend the documents and notify all parties via publicprocurement.be, and those corrections then apply.

✓The bestek also emphasises that only correctly numbered documents (per the checklist) will be read, which means that if bidders rely on alternative forms or unnumbered attachments, those will not be considered even if they contain conditions or clarifications.

✓No explicit, irreconcilable contradictions between clauses appear in the presented text; where general rules from the KB 14 januari 2013 are deviated from (such as for borgtocht and payment terms, especially for health‑care providers with 60/90‑day treatment periods), the bestek expressly states these deviations and the motivation, making the special clauses in the tender prevail over the default regulatory provisions for this contract.

Answers on the required criteria

Must securities be provided (bid bond, performance or warranty guarantee)? If so: which, in what amount and by when?

✓Such as regarding securities, the bestek explicitly deviates from the standard “borgtocht” rules of the KB 14 januari 2013.

✓The central contracting authority itself does not impose a mandatory performance bond at framework level; however, individual participating “voorzendingen” (members of Koopkoepel) have the right to impose a borgtocht in their specific contract.

✓If a provision imposes such a borgtocht, it is capped at 5% of the value of that specific assignment.

✓This value is calculated as: maximum contract duration (8+2 = 10 years) × number of connected employees at start × the tenderer’s price per connected employee for the relevant functionality.

✓The bond is released in two tranches: 50% after the first successful monthly payroll processing, and the remaining 50% after six successful monthly payroll runs.

❓No bid bond is mentioned, and no separate warranty guarantee other than this possible borgtocht and the general liability and insurance obligations.

Is subcontracting allowed? If so: with which limits and which disclosure duties?

✓Such as concerning subcontracting, the input text confirms that subcontracting is allowed.

✓If the tenderer will structurally collaborate with other enterprises for specific tasks, he must state in his offer whether these partners act as subcontractors or as members of a temporary association (tijdelijke handelsvereniging) and, in the latter case, indicate the penhouder.

✓For each subcontractor, the tenderer must disclose in the offer which part of the contract is outsourced and identify the subcontractor (name and address).

✓Every subcontractor must meet the minimum economic/financial and technical/professional requirements proportionate to their share and must not fall under any exclusion grounds of articles 67–69 of the Belgian law of 17 June 2016.

✓Any change to other subcontractors than those named in the offer is only allowed after a reasoned request and prior written approval of the contracting authority.

✓If freelancers are used, this must also be declared in the tender, including documentation on how the quality of their activities is guaranteed.

✓Irrespective of subcontracting or freelancers, the main contractor remains fully responsible and liable for correct performance.

Is there a site visit, and is attendance mandatory? If so: when?

❓Such as regarding site visits, the provided text does not mention any site visit, inspection or information meeting, nor does it impose mandatory attendance at such an event.

❓On the basis of the available extract, you should assume that no formal site visit requirement is laid down; if there were one, it would have to be checked in other parts of the bestek.

In which language must the tender and the supporting documents be submitted, and are documents in other languages accepted?

✓Such as concerning the language of the tender, the document states that “De offertes worden opgemaakt in het Nederlands.” Offers must be drafted in Dutch and submitted electronically via the federal public procurement platform (www.publicprocurement.be) using e-Procurement.

✓There is no explicit allowance in the quoted passages for submission of documents in other languages as primary versions; foreign attestations are accepted where needed for exclusion/selection checks, but the procedural language remains Dutch.

How long is the bidder bound by the tender (validity period), and is there a deadline for bidder questions? If so: until when?

✓Such as about tender validity and deadlines for bidder questions, the verbintenistermijn is clearly set: “De geldigheidsduur van de offertes bedraagt 240 dagen (kalenderdagen) te rekenen vanaf de uiterste datum voor ontvangst van de offertes.” The deadline for receipt/opening of tenders is Wednesday 23 September 2026 at 09:00.

✓Questions on the tender documents must be submitted exclusively via the forum on publicprocurement.be.

❓Questions can be asked up to 14 calendar days before the opening of tenders, i.e. up to 9 September 2026.

✓Answers will be provided at the latest 10 calendar days before the opening, and the anonymised questions and answers form an integral part of the bestek and are made available to all interested candidates via publicprocurement.be.

Further details

✓The input text concerns a Belgian public procurement procedure launched by KOOPKOEPEL VZW for a multi‑supplier framework agreement on software for duty roster planning and related functionality for care, welfare and education institutions in Flanders and the Brussels-Capital Region.

✓It is clearly drafted from the point of view of Belgian public procurement law (Wet Overheidsopdrachten, KB 14 januari 2013, KB 18 april 2017) and EU data protection and NIS directives, and uses Dutch as the procedural language.

✓All communication with potential tenderers is stated to occur only via Koopkoepel employees and via the publicprocurement.be forum.