The Bid Waiver document is a crucial administrative tool in Belgian public procurement processes where standard competitive bidding procedures cannot or should not be followed. It is used when specific circumstances justify a direct award, such as technical exclusivity, emergency situations, or unique market conditions. The document must demonstrate compliance with the Belgian Law of 17 June 2016 on public procurement, relevant Royal Decrees, and EU Directive 2014/24/EU. A properly prepared Bid Waiver includes comprehensive justification, market analysis, risk assessment, and value-for-money demonstration, ensuring transparency and accountability in public spending. The document serves as both a decision-making tool and an audit trail, protecting public entities from legal challenges while ensuring efficient procurement processes.
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1. Identification of Contracting Authority: Details of the public entity requesting the bid waiver
2. Project Reference: Unique identifier and basic details of the procurement project
3. Legal Basis: Specific articles of Belgian procurement law and EU directives being invoked for the waiver
4. Factual Background: Detailed description of the circumstances necessitating the bid waiver
5. Technical Justification: Technical reasons why competitive bidding is not feasible or advantageous
6. Economic Justification: Financial analysis and cost justification for the direct award
7. Market Analysis: Overview of market research conducted and potential suppliers considered
8. Selected Contractor Details: Information about the proposed contractor and their qualifications
9. Value Assessment: Demonstration of value for money in the proposed direct award
10. Risk Assessment: Analysis of risks and mitigation measures related to the waiver
11. Compliance Declaration: Statement confirming compliance with relevant laws and regulations
12. Authorization Request: Formal request for approval of the bid waiver
1. Emergency Justification: Required when the waiver is based on urgent or emergency circumstances
2. Intellectual Property Rights: Required when the waiver is based on exclusive rights or IP considerations
3. Previous Procurement History: Include when there are relevant previous procurement attempts or related contracts
4. Security Considerations: Required when national security or confidentiality requirements justify the waiver
5. Technical Compatibility: Include when the waiver is based on technical compatibility with existing systems
6. Impact Analysis: Optional assessment of the impact on other ongoing projects or operations
1. Market Research Documentation: Evidence of market research conducted
2. Technical Specifications: Detailed technical requirements and specifications
3. Cost Analysis: Detailed breakdown of costs and price comparisons
4. Contractor Qualifications: Documentation of proposed contractor's capabilities and certifications
5. Legal Compliance Checklist: Checklist demonstrating compliance with procurement laws
6. Supporting Documentation: Any additional evidence supporting the waiver request
7. Approval Flow: Required signatures and approval hierarchy
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