March 2010
New Luxembourg Procedure for Public Awards Contracts
According to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, the law dated 25 March 2009 relating to the public works contracts and its Grand-Ducal implementing regulation dated 3rd August 2009 transpose the new procedure of ‘Competitive dialogue’ into Luxembourgish positive law. This procedure allows the contracting authorities to open a dialogue with selected candidates with the aim of identifying and defining the means best suited to satisfying their needs, if the contracting authorities consider the public contract ‘particularly complex’. That means that the contracting authorities are not objectively able to define the technical means or capable of satisfying their needs or objectives, and/or that they are not objectively able to specify the legal and/or financial make‑up of a project. After having discussed all aspects of the contract with the chosen candidates during this dialogue, the public authorities award the contract on the sole basis of the award criterion for the most economically advantageous tender. This article explains the different steps of this new procedure introduced into Luxembourgish law, which strictly follows the content of the above-mentioned Directive.
The following memo is in French only. If you require any further clarification, please contact Guy Perrot at gperrot@oostvogels.com or on +352 46 83 83. Download pdf to read more.
By Guy Perrot.
