The European Procurement Directive of 2014 pays specific attention to the principle of proportionality. The Directive does not specifically indicate how to deal with this principle. The Dutch experience shows that contracting authorities have great difficulty in applying this principle. In order to help the contracting authorities, the Proportionality Guide was published following the introduction of the Dutch Public Procurement Act (Aanbestedingswet) in 2012. (January 2022))
The Guide contains a detailed explanation of what the principle of proportionality means, or should mean, in all stages of the procurement procedure and in the terms and conditions of the contract.
Change Guide as of January 1, 2022
The new Proportionality Guide provides practical guidelines for the proportional application of processing clauses. This involves the balance between asking questions by contractors as early as possible and a reasonable attitude on the part of clients with regard to legal processing. This restores the balance between the interests of clients and contractors. The substantive changes are made clear in the document chapter 4 Procurement phase of the Proportionality Guide.