Software-Parkierwinkel

✓Implementation must deliver a working system by 1 January 2027 at the latest, with off-the-shelf software and necessary API integrations with Bruges’ applications (current and evolving).

✓No variants or free options are allowed.

✓Such as about award criteria and weighting, the procedure is an “openbare procedure” and the “economisch meest voordelige offerte” is determined solely on the basis of price; no qualitative gunningscriteria besides price are mentioned.

✓Prices are global (globale prijs) with possible unit prices up to 4 decimals, VAT shown separately but included in the total.

✓All usual cost elements for services (administration, travel, documentation, training, safety measures, intellectual rights) must be included.

✓Such as for risks and special conditions, there are significant clauses on penalties, subcontracting, data protection, intellectual property, cybersecurity and termination.

✓Penalties include general “straffen” for defective performance per KB Uitvoering art. 45, daily penalties under art. 12/2 AUR for failure to replace excluded subcontractors, vertragingsboetes for late performance, and mandatory SLA-specific penalties: €250/day (incl. VAT) from 01/01/2027 until the system starts, and €10/hour (incl. VAT) for downtime where the software cannot be used (inside and outside office hours).

✓There is no financial borgtocht required.

✓Subcontractors must be declared in the offer (part of the offer form) and before each subtask; no exclusion ground may apply to them, and non-compliant subcontractors must be replaced within 15 days upon request, or daily penalties may be applied and delays are not excused.

✓Cybersecurity and NIS2 conditions (Bijlage 4, niveau C2) impose detailed IAM, network, cloud, logging, backup, incident reporting and certification obligations (such as ISO 27001 / CSA STAR or equivalent for cloud providers, EU/EER data residency, SIEM integration, strict segmentation, least privilege and zero trust).

✓GDPR/AVG is enforced via a separate processing agreement that must be signed within 30 days after award, as an essential condition for final acceptance and payment.

✓Stad Brugge obtains ownership of all data and results, and all intellectual and material rights to the results created under the contract are transferred to the City, with compensation included in the price; existing IP and licence fees must also be priced-in.

✓Termination risk exists because the City may terminate the contract at any time by registered letter with six months’ notice, without damages for either party.

✓All clarifications and corrections (“terechtwijzende berichten”) given via the e-Procurement platform in response to timely emailed questions (at latest 10 days before the offer deadline, to [email protected] and [email protected]) form an integral part of the contract and must be taken into account.

✓If bidders detect errors or gaps that hinder price calculation or offer comparison, they must notify the contracting authority within that same 10‑day window; by submitting an offer, bidders accept the legality and correctness of the documents and procedure, and late objections risk being inadmissible.

✓Where any clause is illegal or unenforceable, it is severed without affecting the rest, and the parties must negotiate a replacement clause with similar intent.

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 states under “BORGTOCHT (ART. 25 TOT EN MET 33 KB UITVOERING)” that no borgtocht (performance bond/guarantee) is required.

✓There is no mention of any separate bid bond or warranty guarantee beyond the standard legal regime in the KB Uitvoering; the contract relies instead on statutory penalties (general and daily straffen, vertragingsboetes, and SLA‑based boetes for startdatum and software downtime).

✓Therefore, the bidder does not need to provide a bid bond or performance/warranty guarantee, and no specific amount or deadline for such securities is set.

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

✓Such as for subcontracting, the text confirms that the use of onderaannemers is allowed.

✓The tenderer must in the offerteformulier indicate whether subcontractors will be used, specify the part of the assignment to be subcontracted, and list each subcontractor’s name, address, and ondernemingsnummer.

✓During execution, there may be no mandatory or optional exclusion ground applicable to subcontractors; the contractor remains fully liable towards the contracting authority, which has no contractual link with the subcontractors.

✓The contractor must communicate to the leidend ambtenaar, in writing and for all subcontractors involved (regardless of their place in the chain), their names, contact details and legal representatives, and—upon request—provide an extract from the criminal record for each subcontractor, at the latest five calendar days before the start of each sub‑assignment.

✓If exclusion grounds are found for a direct subcontractor, the authority can demand replacement; the contractor then has 15 calendar days from dispatch of the proces‑verbaal to prove replacement or regularisation of fiscal/social debts or other corrective measures.

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

❓There is no reference in the text to any site visit (plaatsbezoek) or to its being mandatory; if such a visit existed it would normally be specified, but no date or obligation is mentioned in the provided excerpts.

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

✓Such as in relation to language and communications, the tenderer must use exclusively Dutch in all oral and written interactions with the contracting authority, both in the placement and in the execution of the contract.

✓Tender documents should therefore be in Dutch.

✓If some supporting documents are only available in another language, the authority can require a translation, possibly a sworn (beëdigde) translation.

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

❓Questions or remarks about the opdrachtdocumenten must be sent by e‑mail to the specified addresses ([email protected] and [email protected]) at the latest 10 days before the final submission date; with the limit date of 27 November 2026, the question deadline is therefore 17 November 2026.

✓Clarifications issued in response within that timeframe are published as rectificative notices on the e‑Procurement platform and form an integral part of the contractual conditions; bidders are deemed to have taken them into account when preparing their tenders.

Further details

✓The input text concerns a Belgian public procurement procedure by the Stad Brugge (City of Bruges) for an 8‑year services contract: the rental and operation of software for managing parking permits (“software parkeerwinkel”).

✓The legal and procedural framework is explicitly based on Belgian public procurement law (Wet Overheidsopdrachten, KB Plaatsing, KB Uitvoering), so the point of view is that of Belgium.

✓The text details the rules for submission and evaluation of tenders, qualitative selection, subcontracting, execution of the contract, cybersecurity/NIS2 requirements, data protection, and related obligations.

✓Non‑compliance may lead to daily penalties.

✓Electronic means are mandatory for submitting offers via the Belgian e‑Procurement platform, with a qualified electronic signature on the indieningsrapport.

✓Annex 4 indicates the limietdatum en limietuur for offers as 27 November 2026 at 10:00.