| What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) |
EUR 428000. Book III of the Law of 8 April 2018 establishes special rules applicable to procurement procedures in the utility sector concerning contracts and design contests the estimated value of which is equal to or exceeds EU thresholds. Since contracts in the utility sector are expressly excluded from the application of the provisions of Book I (Art. 54), applicable thresholds are EU thresholds.
(Law of 8 April 2018, as amended in 2018, Arts. 54, 84 (1) (2) and 98
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 206
Notice of the Ministry of Mobility and Works of 16 December 2019 (as of 2020), Section B) |
| What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) |
EUR 1. Book I of Law of 8 April 2018 applies to the award of public contracts and to competitions organized in the fields of defense and security if they are not covered by Law of 26 December 2012, which applies to contracts with a value equal to or above EU thresholds. Complementary to Law of 26 December 2012, Book II of Law of 8 April 2018 also applies to above EU thresholds contracts. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply.
(Law of 8 April 2018, as amended in 2018, Arts. 1 (2), 17, 20 (1) a) (3), 52 and 59
Law of 26 December 2012 (as of 2020), Art. 8) |
| What are the minimum application thresholds for the procurement type? (Product type GOODS) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What are the minimum application thresholds for the procurement type? (Product type WORKS) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| What are the minimum application thresholds for the procurement type? (Product type SERVICES) |
EUR 1. While Book I of Law of 8 April 2018 applies to all public contracts and contests awarded by contracting authorities, Book II applies specifically to contracts with a value set above EU thresholds. The Law of 8 April 2018 does not set a minimum value for procurement procedures to apply (i.e. a threshold that separates a direct award from procurement procedures). Rather, the main difference between values/thresholds concerns which procurement procedure is applicable, i.e. open, restricted with or without prior notice, or negotiated. As a general rule, contracting authorities conclude their contracts for works, supplies and services through the open procedure, but exceptions apply. Conditions for using the restricted procedure without publication of a notice and the negotiated procedure below EU thresholds are laid out by Art. 20 as well as by Grand-Ducal Regulation of 8 April 2018. Public works, supply and service contracts may be awarded either by restricted procedure without publication of a notice, or by negotiated procedure, when the total amount of the contract does not exceed EUR 60,000
(Law of 8 April 2018, as amended in 2018, Arts. 1 (1), 17, 20 (1) a) (3), 19 and 52
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 151) |
| Is there a requirement that tender documents must published in full? |
Yes. The contracting authorities offer, by electronic means, free, unrestricted, full and direct access to procurement documents, in accordance with the terms provided for by the Grand-Ducal Regulation on the use of electronic means in public procurement procedures. This provision will be made from the date of publication of a contract notice or from the date of dispatch of the invitation to confirm interest. The text of the notice or the invitation to confirm interest specifies the internet address at which the contract documents are accessible.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 51, 53 and 162 (1)) |
| Are any of these documents published online at a central place? |
Yes. As a rule, contracting authorities make an electronic version of the tender dossier available on the Public Procurement Portal. It is maintained by the Ministry of Mobility and Works and used for the electronic provision of tender documents, for the electronic submission of tenders and applications, and for any communication or notification throughout the procedure. It can be found at: https://marches.public.lu/fr.html
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 44 (4) and 270) |
| Is it mandatory to keep all of these records?
-Public notices of bidding opportunities,
-Bidding documents and addenda,
-Bid opening records,
-Bid evaluation reports,
-Formal appeals by bidders and outcomes,
-Final signed contract documents and addenda and amendments,
-Claims and dispute resolutions,
-Final payments,
-Disbursement data (as required by the country’s financial management system) |
Yes. Contracting authorities keep track of the progress of all procurement procedures, whether or not they are conducted by electronic means. To this end, they keep sufficient documents to justify the decisions taken at all stages of the procurement procedure, in particular documents concerning exchanges with economic operators and internal deliberations, the preparation of procurement documents, the dialogue or negotiation where appropriate, selection and award of the contract. These documents are kept at least for a period of three years from the date of award of the contract. In addition, contracting authorities shall keep, at least during the duration of the contracts, copies of all contracts concluded whose value is equal to or greater than: a) EUR 1,000,000 for public supply or service contracts; b) EUR 10,000,000 for public works contracts. The contracting authorities shall give access to these contracts; however, access to documents or particular items of information may be refused to the extent and under the conditions provided for by the applicable rules on access to documents and data protection.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 160 (5), 191 (2), 194, 195 (2), 219 (5), 256 and 257 (2)) |
| Are contracts awarded within a framework agreement published (ie mini contracts)? |
Yes. In the case of framework agreements concluded in accordance with Articles 22 (general procurement) and 130 (utilities sector) of the Law of 8 April 2018, contracting entities are not obliged to send a notice regarding the results of the award procedure for each procurement based on the agreement. Rather, contracting entities may consolidate on a quarterly basis the notices on the results (award notices) of the procurement procedure based on the framework agreement. In this case, the contracting entities send these consolidated notices for publication no later than 30 days after the end of each quarter. Conversely, in the defence and security sector, contracting authorities are exempt from sending a notice on the results of the award of each contract based on the framework agreement.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 158 (2) and 217 (2)
Law of 26 December 2012 (as of 2020), Art. 30 (3)) |
| Is it mandatory to publish information on subcontractors (ie names) in some cases? |
No. It is mandatory for bidders to disclose information about subcontractors to contracting authorites, particularly upon request. However, there is no specific rule on making this information public. In that sense, when submitting their tender, the bidder must, under penalty of inadmissibility, attach to their tender a list of the subcontractors they will rely on for the realization of the work, as well as the pre-subcontract(s) that the bidder must have concluded with the companies concerned. The bidder also attaches to the tender the documents enabling the contracting authority to verify the existence of grounds for exclusion on the part of the proposed subcontractors, in accordance with Article 29 (7) of Law of 8 April 2018. With regard to works contracts and services which must be provided in premises under the direct supervision of the contracting authority, after the award of the contract and, at the latest, at the start of performance of the contract, the contracting authority requires the main contractor to provide it with the name, contact details and legal representatives of its subcontractors involved in this work or in the provision of these services to the extent that this information is known at this stage. Additionally, the individual reports on contract award procedure should include information on subcontractors.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 24 (2), 105 (2), 195 (1) d), 259, Annex II Part D and Annex XIII) |
| If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. |
General.
|
| Is there a ban on mentioning specific companies or brands in tender specification/call for tender? |
Yes. Unless justified by the subject of the contract, the technical specifications do not refer to a specific manufacture or provenance or to a particular process, which characterizes the products or services supplied by a specific economic operator, nor to a mark, a patent, a type, an origin or a specific production which would have the effect of favoring or eliminating certain companies or certain products. This reference is authorized, on an exceptional basis, in the event that it is not possible to provide a sufficiently precise and intelligible description of the subject of the contract in application of paragraph 3. Such a reference is accompanied by the words "or equivalent" .
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 16 (4) and 207 (4)
Law of 26 December 2012 (as of 2020), Art. 18 (8)) |
| Is there a preferential treatment for small-to-medium enterprises (SMEs)? |
No.
|
| Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) |
Yes . By way of derogation from the provisions of Article 35 of Law 8 April of 2018, the college of mayors and aldermen or the body empowered to engage the public establishment placed under the supervision of the municipalities, respectively, may, when the total amount of the contract to be concluded does not exceed EUR 20,000, excluding VAT, award the contract to a tenderer/competitor resident in the municipality, provided that the price offered by the local competitor does not exceed by more than 5% that of the most economically advantageous tender or that of the tender at the lowest price.
(Law of 8 April 2018, as amended in 2018, Art. 49 ) |
| Is there a specific set of rules for green/sustainable procurement? |
Yes. When awarding public contracts, contracting authorities take into account aspects and problems relating to the environment and the promotion of sustainable development. With that in mind, contracting authorities may decide not to award a contract to the tenderer who submitted the economically most advantageous tender when they have established that this tender does not comply with the applicable obligations in the fields of environmental, social and labor law. Contracting authorities may also request the production of certificates drawn up by independent bodies, attesting that the economic operator complies with certain environmental management systems or standards, in accordance with the requirements of Article 32 (2) of Law of 8 April 2018. Moreover, in the performance of public contracts, economic operators comply with the applicable obligations in the fields of environmental, social and labor law, and they take the appropriate measures to ensure that their subcontractors are also compliant. Contracting authorities may lay down special conditions concerning the performance of a contract provided that they are linked to the subject of the contract and indicated in the call for competition or in procurement documents. These conditions may take into account considerations relating to the economy, innovation, the environment, the social field or employment.
(Law of 8 April 2018, as amended in 2018, Arts. 12 (2), 28 (1), 32, 35 (2), 37, 42, 118 (2), 137 (5), 142, 143, 145 and 154
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 21 (2), 25, 27, 102 and 258) |
| Are there restrictions on allowable grounds for tenderer exclusion? |
Yes. Main allowable grounds for tenderer exclusion include: 1. conviction for: a) bankruptcy; b) belonging to criminal organisation; c) corruption; d) swindling or deception; e) money laundering and terrorism financing; f) infringement of rules on the sale of medicinal substances; g) child labour and human trafficking; 2. failure by the economic operator to comply with its obligations relating to the payment of taxes or social security contributions; 3. breach of obligations provided for in Article 42 of the Law of 8 April 2018; 4. the economic operator is in a state of bankruptcy or is the subject of insolvency or liquidation proceedings; 4. professional misconduct on the part of the economic operator; 5. distortion of competition; 6. conflict of interests; 7. the economic operator is guilty of false declaration; and 8. the economic operator has undertaken to unduly influence the decision-making process of the contracting authority.
(Law of 8 April 2018, as amended in 2018, Arts. 29 and 141) |
| Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. |
Yes. Contracting authorities require economic operators to explain the price or costs proposed in the tender when the latter seems abnormally low in relation to the works, supplies or services. The contracting authority evaluates the information provided by consulting the tenderer. He may reject the tender only if the evidence provided does not satisfactorily explain the low level of the price or costs offered, taking into account the elements referred to in paragraph 2 or if the tenderer does not respond to the request of the contracting authority within the time limit. Contracting authorities shall reject the tender if they establish that it is abnormally low because it contravenes the applicable obligations in the fields of environmental, social and labor law. Furthermore, in the utilities sector, any tender submitted for the award of a supply contract may be rejected where the proportion of products from third countries, determined in accordance with EC Regulation 952/2013 of the European Parliament and of the Council exceeds 50% of the total value of the products making up this offer.
(Law of 8 April 2018, as amended in 2018, Arts. 38, 146 and 147 (2)
Law of 26 December 2012 (as of 2020), Art. 49) |
| Is scoring criteria published? |
Yes. The contracting authority specifies, in the contract documents, the relative weighting that it attributes to each of the criteria chosen to determine the economically most advantageous tender, except when it is determined solely on the basis of price. This weighting can be expressed by providing a range with an appropriate maximum deviation. When weighting is not possible for objective reasons, the contracting authority indicates the criteria in decreasing order of importance.
(Law of 8 April 2018, as amended in 2018, Arts. 28 (1) and 35 (5)
Law of 26 December 2012 (as of 2020), Art. 35 (5) e)) |
| Are decisions always made by a committee? |
No. The Tender Commission established by Article 159 of Law of 8 April 2018 assumes, either at the request or with the agreement of the competent ministers, any particular advisory mission directly or indirectly related to the preparation of tender documents, the award of public contracts, execution and control. In that sense, it is not an evaluation committee, but an advisory/oversight body. Other than that, design contests are decided by a jury.
(Law of 8 April 2018, as amended in 2018, Arts. 81 and 159
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 262 and 267 (5)) |
| Are there regulations on evaluation committee composition to prevent conflict of interest? |
Yes. Contracting authorities shall take appropriate measures to prevent, detect and effectively correct conflicts of interest arising during procurement procedures, in order to avoid any distortion of competition and to ensure equal treatment of all economic operators. The concept of conflict of interest covers at least any situation in which members of the staff of the contracting authority or of a procurement service provider acting on behalf of the contracting authority who participate in the conduct of the procedure or are likely to influence the outcome have, directly or indirectly, a financial, economic or other personal interest which could be perceived as compromising their impartiality or their independence in the context of the procurement procedure.
(Law of 8 April 2018, as amended in 2018, Arts. 13) |
| Is some part of evaluation committee mandatorily independent of contracting authority? |
No.
|
| Are scoring results publicly available? |
No. The contracting authority informs, in writing and as soon as possible, competitors whose offers were not successful that it is not making use of their offer, indicating the reasons for not taking it into consideration. However, award notices (published in relation to contracts with a value that exceeds EU thresholds) do not contain information on scoring results. The Law is unclear about information contained in award notices concerning below EU thresholds contracts.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 97 (1), 152, 158 (1) and 217 (1), Annexes II Part D and XIII
Law of 26 December 2012 (as of 2020), Art. 30 (3)) |
| Does the law specify under which conditions the tender can be cancelled? |
Yes. Without prejudice to other grounds for invalidity, a procurement procedure may be canceled for the following reasons: a) if none of the tenders meet the prescribed conditions or if the contracting authority has considered the tender not to have given a satisfactory result. In the latter case, the contracting authority must take the opinion of the Tender Commission prior to the cancellation; b) if it is established that the tenderers, in defiance of commercial honesty, concerted to establish their price; c) whether, as a result of unforeseen circumstances, the basis for the procurement has undergone substantial changes; d) if all the tenders likely to be accepted have been withdrawn at the end of the time limit for awarding the contract; e) if it has been recognized that substantial errors are contained in the tender dossier or that decisively influencing irregularities have been found in the preparation of tenders; f) if it is established that third parties have obstructed or disturbed the liberty of the tenderers by violence or threats either before or during the tenders. Without prejudice to Article 20 (1) b) of the Law of 8 April 2018, after cancellation of an open procedure, the contract will be awarded according to the rules of a new open procedure.
(Law of 8 April 2018, as amended in 2018, Arts. 39 (3) and 40
Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 94 (3)) |
| Does the law specify the location for publicizing open calls for tenders? |
Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44
Law of 26 December 2012 (as of 2020), Art. 31 and 32) |
| Does the law specify the location for publicizing restricted calls for tenders? |
Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44
Law of 26 December 2012 (as of 2020), Art. 31 and 32) |
| Does the law specify the location for publicizing negotiated calls for tenders? |
Yes. All open and restricted procedures with publication of notices are published electronically on the Public Procurement Portal ( https://marches.public.lu/fr.html), and announced through local press. The contract notice will also be published in the OJEU/TED for contracts above EU thresholds. However, in the specific case of a negotiated procedure under Article 20 (1) a) of the Law of 8 April 2018, if the contracting authority does not know a sufficient number of qualified economic operators, it gives adequate publication to projects that other interested competitors may apply to be admitted to tender.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 44
Law of 26 December 2012 (as of 2020), Art. 31 and 32) |
| What is the minimum number of bidders for restricted procedures? |
General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition.
(Law of 8 April 2018, as amended in 2018, Art. 74 (2)) |
| What is the minimum number of bidders for negotiated procedures? |
General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition.
(Law of 8 April 2018, as amended in 2018, Art. 74 (2)) |
| What is the minimum number of bidders for competitive dialogue procedures? |
General. In the restricted procedure, the minimum number of candidates is five. In the competitive procedure with negotiation, the competitive dialogue and the innovation partnership, the minimum number of candidates is three. In any event, the number of invited candidates must be sufficient to ensure genuine competition.
(Law of 8 April 2018, as amended in 2018, Art. 74 (2)) |
| What are the minimum number of days for open procedures? |
General. There is no specified minimum for contracts below EU thresholds. The Law stipulates that, in setting the time limits for receipt of tenders and requests to participate, contracting authorities take into account the complexity of the contract and the time required to prepare the tenders. Between the publication of the contract notice and the date fixed for the submission of tenders, there must be sufficient time to allow tenderers to obtain information, prepare and calculate their tender without haste and to validly meet the requirements of the special specifications, in particular as regards the production of samples, certificates or tests. However, for major works, supplies or services, this period must be at least 42 days. In the case of works, supplies or services of less importance or in an emergency, this period may be reduced to at least 27 days. It is not clear, though, what a "major" contract is. For contracts above EU thresholds, the minimum applicable is 35 days.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 46, 48, 164 and 222) |
| What are the minimum number of days for restricted procedures? |
General. Concerning restricted procedures with prior notice below EU thresholds, the deadline for receiving applications must be at least 22 days from the publication of notice on the public procurement portal. For contracts above EU thresholds, the minimum number of days is 30 days. Special provisions apply to sub-central contracting authorities who may set the time limit for receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all the selected candidates have the same time to prepare and submit their tenders. In the utilities sector, the deadline for receipt of tenders may be fixed by mutual agreement between the contracting entity and the selected candidates, provided that they all have the same period to prepare and submit their tenders. In the absence of an agreement on the time limit for receipt of tenders, the time limit is not less than 10 days from the date of dispatch of the invitation to tender. Specific minimums apply to the defence sector.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Arts. 46, 47 (1), 48, 170 (2), 172 and 228
Law of 26 December 2012 (as of 2020), Art. 34) |
| What are the minimum number of days for competitive negotiated procedures? |
General. Below EU thresholds, for major works, supplies or services, this period must be at least 42 days. In the case of works, supplies or services of less importance or in an emergency, this period may be reduced to at least 27 days. These deadlines start to run from the date of publication of the notice on the public procurement portal. For contracts above EU thresholds, the set minimum is 30 days. Special provisions apply to sub-central contracting authorities who may set the time limit for receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all the selected candidates have the same time to prepare and submit their tenders. In the utilities sector, the deadline for receipt of tenders may be fixed by mutual agreement between the contracting entity and the selected candidates, provided that they all have the same period to prepare and submit their tenders. In the absence of an agreement on the time limit for receipt of tenders, the time limit is not less than 10 days from the date of dispatch of the invitation to tender. Specific minimums apply to the defence sector.
(Grand-Ducal Regulation of 8 April 2018, as amended in 2020, Art. 46, 178 (2), 180 and 232
Law of 26 December 2012 (as of 2020), Art. 34) |
| Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? |
Yes. Main exceptions include: 1. public contracts awarded and contests organized under international rules; 2. service contracts awarded on the basis of an exclusive right; 3. public contracts between entities belonging to the public sector; 4. public contracts or to contests the main purpose of which is to enable contracting authorities to make available or operate public communications networks or to provide the public with one or more communication services; 5. public service contracts having as their object: a) the acquisition or rental, whatever the financial terms, of land, existing buildings or other immovable property or concerning rights therein; b) the purchase, development, production or co-production of program material intended for audiovisual or radio media services which have gone through audiovisual or radio media service providers, or for contracts relating to broadcast times or supply programs that are allocated to audiovisual or radio media service providers; 6. arbitration and conciliation services; 7. legal services; 8. financial services related to the issue, sale, purchase or transfer of securities or other financial instruments; 9. employment contracts; 9. civil defense, civil protection and risk prevention services; 10. public passenger transport services by rail or metro; and 11. services linked to political campaigns.
(Law of 8 April 2018, as amended in 2018, Arts. 1 (2), 6-8, 54-56, 60, 100-106, 109 and 112
Law of 26 December 2012 (as of 2020), Arts. 12 and 13) |
| Does the law specify the main types of institutions that must apply the public procurement law? |
Yes. Contracting authorities are: the State, municipalities, bodies governed by public law or associations formed by one or more of these authorities or one or more of these bodies governed by public law
(Law of 8 April 2018, as amended in 2018, Art. 2) |
| Does the law specify the main procedure types or procurement methods permitted? |
Yes. Open procedure ("procedure ouverte"); restricted procedure ("restreinte"); negotiated procedure ("marché négocié") with or without notice; competitive dialogue ("dialogue compétitif"); innovation partnership ("partenariat d'innovation")
(Law of 8 April 2018, as amended in 2018, Arts. 63 (1), 64-69) |
| Is there a procurement arbitration court dedicated to public procurement cases? |
No. Appeal procedures before the Administrative Tribunal (general, not specialised in public procurement) are accessible to any person having or having had an interest in obtaining a given contract and having been or likely to be harmed by an alleged violation of Community law or of national law transposing Community law on public contracts.
(Law of 10 November 2010, as amended in 2018, Arts. 1 and 3) |
| Is there a procurement regulatory body dedicated to public procurement? |
Yes. Tender Commission
(Law of 8 April 2018, as amended in 2018, Arts. 159 and 267 (1) (2)) |
| Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? |
No. The only relevant provision establishes that where a particular professional qualification is required of participants in the design contest, at least a third of the jury members shall have the same qualification or an equivalent qualification.
(Law of 8 April 2018, as amended in 2018, Arts. 81 (2) and 152 (4)) |
| Is disclosure of final, beneficial owners required for placing a bid? |
No.
|
| Is there a fee for arbitration procedure? |
No. There is no mention in Law of 10 November 2010 about fees that a claimant has to pay when making a claim before the Administrative Tribunal.
|
| Is there a ban on contract signature until arbitration court decision (first instance court)? |
No. The president of the Administrative Tribunal or the magistrate who replaces them may order provisionally all the necessary measures aimed at correcting the alleged violation or preventing further damage from being caused to the interests concerned, including measures intended to suspend or cause to be suspended the award procedure for the contract in question until the contracting authority or the contracting entity has made the ordered correction. If interim measures are requested by the claimant, the contracting authority or the contracting entity is obliged to postpone the continuation of the competitive process, or even the adjudication decision until notification of the interim order. However, there is no automatic suspension of the tender and ban on contract signature per se. Additionally, the conclusion of the contract following the decision to award a contract falling within the scope of Books II and III of the Law of 8 April 2018 or the scope of the Law of 26 December 2012 may not take place before the expiration of a period of at least 10 days from the day after the day on which the decision to award the contract has been sent to the tenderers and candidates concerned if a fax machine or an electronic means is used or, if other means of communication are used, before the expiry of a period of at least 15 days from the day following the day after where the contract award decision is sent to the tenderers and candidates concerned. Nevertheless, this automatic suspension does not cover the entire period of first instance judgement.
(Law of 10 November 2010, as amended in 2018, Arts. 3, 4 (2) and 5) |
| What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? |
N/S. There is no mention in Law of 10 November 2010 about maximum number of days.
( ) |
| Is there a requirement to publicly release arbitration court decisions ? |
No. The Law only provides that, each year, an authority determined by Grand-Ducal regulation communicates to the European Commission the text of all decisions, accompanied by their reasons, that the appeal bodies have taken. This does not necessarily mean that decisions are made public. In spite of no explicit requirement of publicity contained in the Law, decisions from the Administrative Jurisdiction (Tribunal and Court) can be found online at: https://justice.public.lu/fr/jurisprudence/juridictions-administratives.html
(Law of 10 November 2010, as amended in 2018, Art. 19) |
Luxembourg
56(66) Political Financing 
32(53) Financial Disclosure 
34(37) Conflict of Interest 
29(59) Freedom of Information 
62(62) Public Procurement