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Bid Waiver Template for Belgium

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Key Requirements PROMPT example:

Bid Waiver

"I need a Bid Waiver document for an emergency IT infrastructure upgrade for our public healthcare facility, with an estimated contract value of 鈧500,000, to be implemented by March 2025, citing technical compatibility with existing systems as the primary justification."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses


























Relevant Industries

Public Administration

Government Services

Defense & Security

Healthcare

Education

Infrastructure & Construction

Information Technology

Transportation

Energy & Utilities

Research & Development

Telecommunications

Environmental Services

Relevant Teams

Procurement

Legal

Compliance

Finance

Project Management

Risk Management

Internal Audit

Government Relations

Technical Operations

Contract Administration

Relevant Roles

Procurement Manager

Legal Counsel

Public Tender Specialist

Contract Manager

Compliance Officer

Financial Controller

Project Manager

Technical Director

Chief Financial Officer

Risk Manager

Internal Auditor

Public Administration Director

Bid Manager

Government Relations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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