Strict Technology Requirements Allowed in Tendering by Amsterdam-Amstelland Safety Region
Brackmann successfully litigated.
Can contracting authorities impose stringent technological requirements in a tender?
This question arose in the Amsterdam-Amstelland Security Region, which is currently conducting a tender procedure for a crisis and information management system.
A bidder challenged the strictness of the technological requirements in preliminary relief proceedings, arguing that the requirements were overly tailored to a single party. However, the Amsterdam District Court ruled that the requirements were justified in this case, given the security interests and specific system needs.
This ruling highlights the successful collaboration between the Security Region and Brackmann.
Court upholds stringent technology requirements
The Amsterdam-Amstelland Safety Region is entitled to set specific requirements for the technology to be used in the execution of the contract in the tender. This concretely means that it can prescribe apps specifically written for iPhone (native iOS applications) or technology that has already been successfully used (proven technology) in the Program of Requirements (PvE) of the tender, even if this limits the number of participating companies in the tender.
In this preliminary relief case, the court follows the defense of the Safety Region and rules that the technology requirements are justified, given the significant safety interests associated with the technology. The court finds that the requirements are not disproportionate and do not unlawfully hinder open competition.
The Safety Region was supported in this case by Pieter Smid and Alexander Klein Hofmeijer of Brackmann.
“A positive and well-deserved outcome, achieved through close and pleasant collaboration with the Safety Region.”
Safety interest as the basis
This ruling underscores that stringent technology requirements are not necessarily in conflict with tender regulations, as long as they are well-founded and remain proportional. The safety interest takes precedence here, and from that perspective, such requirements can be prescribed.
