Choosing the right procurement procedure is not an automatic process based on thresholds. It is a balancing act between regulatory compliance, adaptation to the operational context and anticipation of risks. A poorly chosen procedure can lead to difficulties in performance, cancellation of the contract or appeals. The aim of this second article is to explain the steps involved in choosing the right procedure for the specific situation of the contracting authority.

Estimating needs: an essential starting point

All procedural reasoning is based on a reliable estimate of the contract value. This estimate must take into account all the services expected over the entire term of the contract, including renewals, any options and foreseeable additional services. It must be supported by concrete evidence: historical prices, benchmarks, estimates or prior consultations.

Underestimation can lead to the choice of a procedure that is too light in relation to legal obligations, while unjustified overestimation can unnecessarily slow down the process.

Taking into account the context and level of complexity

The amount is only one criterion among others. The choice of procedure must also be based on an analysis of the need: is the contract technically complex? Is it a sensitive assignment? Is there sufficient competition? How urgent is it?

Thus, an open procedure will often be appropriate for standard purchases with broad competition, while a competitive dialogue may be justified in cases where the technical solutions need to be developed with the operators.

Some illustrative situations

A one-off contract for IT supplies worth €28,000 could be awarded directly. On the other hand, a strategic consultancy service worth €80,000 in a specific sector may require a negotiated procedure with prior advertising to guarantee a good level of transparency and objectivity.

The recurrent purchase of logistics services over a 4-year period may be covered by a framework agreement, with or without a call for competition depending on the number of successful tenderers.

Choosing the right procedure means managing your risks

Choosing the right procedure not only provides legal certainty for the contract, but also ensures that the process is relevant to the contracting authority's objectives. It also ensures budgetary control, clarity for economic operators and good governance.

Conclusion

The choice of procedure should not be a matter of chance, but of design. It is based not only on an assessment of the need, but also on an analysis of the context, the constraints and the public interest. This pragmatic and reasoned approach makes it possible to reconcile legal rigour, operational efficiency and transparency.

Sources

• Circabc Belgium - Circular of 9 November 2022
• Publicprocurement.be - SPF BOSA Guide on award procedure