NetherlandsAanbestedingswet 2012, accessibility in technical specifications, quality-standard certificates and award criteria
Aanbestedingswet 2012 (Stb. 2012, 542; BWBR0032203) art. 2.1-2.3, 2.75 lid 4 en 5, 2.96, 2.115 lid 2, 3.61 en 3.70, zoals gewijzigd bij Stb. 2016, 241
In force since .
A procurement conditions rule binding public and private bodies.
- Instrument type
- an act of a legislature
As of .
What it requires
- If you sell works, supplies or services to a Dutch contracting authority in a procurement that reaches the EU threshold, and the result is meant for use by natural persons, the authority's technical specifications take account of the criteria on accessibility for persons with a disability or on design for all users, save in duly justified cases; the Act names no standard (Aanbestedingswet 2012 Art. 2.75(4)).
- Where binding EU legal acts set accessibility criteria, the technical specifications refer to them (Art. 2.75(5)).
- Where the authority demands a certificate from an independent body that you meet quality standards, including standards on accessibility for persons with a disability, it refers to quality-assurance schemes based on the European standard series (Art. 2.96(1)).
- Your tender may be scored on accessibility and on design for all users where the authority sets them as further criteria for the best price-quality ratio (Art. 2.115(2)(c) and (d)).
- If you sell to a special-sector company, the rules on technical specifications and on quality-standard certificates apply to that contract in the same way (Arts. 3.61(1) and 3.70(2)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 2.1 applies Part 2 of the Act to public works contracts whose estimated value reaches the amount in Article 4(a) of Directive 2014/24/EU, excluding turnover tax. Article 2.2(1) applies Part 2 to supply and service contracts placed by the State whose estimated value reaches the amount in Article 4(b) of the Directive.
Article 2.3 applies Part 2 to supply and service contracts placed by contracting authorities other than the State whose estimated value reaches the amount in Article 4(c) of the Directive. Article 2.75(4) requires the technical specifications of a contract whose result is meant for use by natural persons to take account of the criteria on accessibility for persons with a disability or on design for all users, save in duly justified cases.
Article 2.75(5) requires the technical specifications to refer to binding EU legal acts that set criteria on accessibility for persons with a disability or on design for all users. Article 2.96(1) requires a contracting authority that demands a certificate from an independent body that a business meets quality standards, including standards on accessibility for persons with a disability, to refer to quality-assurance schemes based on the European standard series.
Article 2.115(2) lists accessibility and design for all users among the further criteria a contracting authority may set when it awards a contract on the best price-quality ratio. Article 3.61(1) applies the section on technical specifications, except Article 2.76(1) and (2), to special-sector contracts.
Article 3.70(2) requires a special-sector company that demands a certificate from an independent body that a business meets quality standards, including standards on accessibility for persons with a disability, to refer to quality-assurance schemes based on the European standard series.
When LexLint raises it
When your app profile says your app ships a consumer interface.