How to win government contracts and tenders in The Netherlands

Strategies for Securing Government Contracts in the Netherlands

Securing government contracts in the Netherlands can significantly enhance a company's economic prospects due to substantial annual public spending and transparent, EU-aligned procurement practices. The Dutch market, integrated within the broader EU procurement framework, emphasizes fair competition, sustainability, accessibility, and innovative approaches when selecting suppliers.

Legal Framework Governing Public Procurement

European Union Directives

Dutch public procurement is primarily governed by EU directives aimed at ensuring transparency, non-discrimination, and equal market access. Key legislation includes:

• Directive 2014/24/EU: Governs traditional public procurement.
• Directive 2014/25/EU: Applies specifically to utility sectors such as energy and transportation.

Contract awards under EU directives must follow clearly defined procedures and award criteria—either the lowest price or the most economically advantageous tender (MEAT).

National Legislation

The Netherlands adapts EU directives into national procurement law principally through the Aanbestedingswet 2012, which regulates most public contracts. Additional specific provisions exist for sensitive sectors like defense and security. Socially responsible public procurement (SRPP), sustainability, and accessibility have particular prominence in national tender requirements.

International Agreements

Within the international sphere, the Netherlands adheres to the WTO Government Procurement Agreement (GPA). This agreement ensures reciprocal market access with many non-EU countries, offering additional opportunities for internationally focused suppliers.

Registration and Eligibility Requirements

Business Registration via KvK

Businesses must first register with the Dutch Chamber of Commerce (Kamer van Koophandel, KvK). Registration is mandatory for establishing legal recognition and eligibility to bid on government contracts. Essential documents typically required include:

• Company incorporation papers and articles of association.
• Identity verification for company directors.
• Documentation proving financial and organizational capability.

Specific contracts may require additional certifications or accreditation, such as quality management standards (ISO 9001), sustainability practices (ISO 14001), or cybersecurity compliance (ISO 27001).

Tendering Procedures and Submission Guidelines

EU and Dutch procurement laws identify several standardized procedures for tendering:

• Open Procedure: Open to any supplier meeting set minimum criteria.
• Restricted Procedure: Involves a pre-qualification phase, limiting competition to shortlisted candidates.
• Competitive Dialogue: Suitable when complex solutions are involved, allowing dialogue between the authority and suppliers to refine project requirements.
• Innovation Partnership: Leveraged for R&D projects, promoting joint development of innovative products or services.
• Electronic Auctions: Employed for clearly defined procurement needs where suppliers compete based on price.

Suppliers typically submit bids electronically through centralized procurement platforms, notably TenderNed, a portal for publishing procurement notices and managing bid submissions.

Compliance Obligations and Standards

Sustainability and Social Responsibility (SRPP)

The Netherlands places a strong emphasis on sustainable and socially responsible procurement. The government incorporates sustainability criteria such as emissions reduction, circular economy principles, fair labor practices, and environmentally friendly products. Companies demonstrating strong sustainable and ethical standards benefit considerably during procurement evaluations.

Accessibility Standards (EAA)

Compliance with the European Accessibility Act (EAA)—requiring products and services to be accessible to individuals with disabilities—is mandatory for tenders involving digital services or offerings directly interfacing with the public sector.

Sector-Specific Opportunities

Telecommunications: 5G Spectrum Licensing

A relevant case study in Dutch public procurement is the recent auctioning of the 5G spectrum licenses. Strict adherence to provisions under the Telecommunications Act regulates these procurements, requiring telecom companies bidding on contracts to fulfill specific technical and compliance standards.

Recent Policy Developments Impacting Procurement

Recent policy initiatives include:

• Anti-Coercion Instrument: New EU measures allowing exclusion of foreign bidders connected to coercive actions against EU entities.
• Dutch Development Aid Policy: An increasing focus linking international development aid with Dutch economic interests, offering opportunities through aligned public procurement initiatives.
• Enhanced Transparency: Dutch procurement continues to adopt higher transparency standards, influenced by recent international trends such as those in the UK's new Procurement Act, highlighting an international trend toward clearer, more accountable procurement processes.

By proactively addressing these compliance and regulatory developments, companies can effectively position themselves as competitive bidders for a wide range of Dutch government contracts.

[1] https://en.wikipedia.org/wiki/Government_procurement
[2] https://www.esa.int/About_Us/Business_with_ESA/How_to_do/esa-star_registration_process
[3] https://www.hklaw.com/en/insights/publications/2025/03/executive-order-on-doge-cost-efficiency-major-changes-in-federal
[4] https://www.linklaters.com/en-us/knowledge/publications/alerts-newsletters-and-guides/2025/february/24/the-uks-new-procurement-act--the-end-of-an-era-and-beginning-of-a-new-journey
[5] https://reciteme.com/news/european-accessibility-act-in-the-netherlands/
[6] https://www.dlapiper.com/insights/publications/2025/02/transparency-requirements-in-the-procurement-act-2023
[7] https://cms.law/en/int/expert-guides/cms-expert-guide-to-5g-regulation-and-law/netherlands
[8] https://www.twobirds.com/en/insights/2025/key-milestones--best-practices-in-the-eus-public-digitalisation-journey-building-blocks-to-bridge-th
[9] https://ard.bmj.com/content/annrheumdis/81/1/20.full.pdf
[10] https://www.government.nl/latest/news/2025/02/20/minister-reinette-klever-dutch-interests-at-the-heart-of-development-policy
[11] https://www.rivm.nl/en/news/dutch-government-procurement-policy-does-not-yet-sufficiently-contribute-to-achieving-climate
[12] https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/tender-details/docs/ec200395-d29e-4813-8a01-4b30b1482621-CN/03.%20HADEA2024OP0026_Tender%20specifications_update%201_V2.pdf
[13] https://cova.nl/en/tenders/
[14] https://www.uhcprovider.com/content/dam/provider/docs/public/resources/edi/EDI-ACE-Smart-Edits.pdf
[15] https://publicprocurementinternational.com
[16] https://trade.ec.europa.eu/access-to-markets/en/content/government-contracts-outside-eu
[17] https://www.kvk.nl/en/registration/registering-an-owners-association/
[18] https://www.cbi.eu/consultancy-assignments/tender-consultants-cbis-small-leather-goods-and-bags-project-bangladesh