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Tender Decline Letter

Tender Decline Letter Template for Netherlands

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Key Requirements PROMPT example:

Tender Decline Letter

"I need a Tender Decline Letter for a private sector IT infrastructure project where the bidder's technical proposal didn't meet our minimum requirements, but we want to maintain a good relationship for future opportunities."

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Document background
The Tender Decline Letter is a crucial document in Dutch procurement processes, used when an organization needs to formally communicate the rejection of a bid to an unsuccessful tenderer. This document type must comply with the Dutch Public Procurement Act (Aanbestedingswet 2012) and related EU procurement directives, which require transparent and fair communication of procurement decisions. The letter typically includes the tender reference, decision notification, brief explanation, and information about appeal rights or debriefing opportunities. It serves multiple purposes: fulfilling legal requirements, maintaining professional relationships, and providing necessary feedback while managing potential legal risks. The document is particularly important in public sector procurement but is also widely used in private sector tendering processes in the Netherlands.
Suggested Sections

1. Header Information: Company letterhead, date, reference numbers, and addressee details

2. Tender Reference: Clear identification of the specific tender being addressed, including tender number and title

3. Acknowledgment: Thank the organization for their participation in the tender process

4. Decision Communication: Clear and direct statement that the tender has not been successful

5. Brief Explanation: A concise, general explanation for the decision without going into specific details that could create legal exposure

6. Next Steps: Information about any debriefing opportunities or appeal procedures as required by Dutch procurement law

7. Closing: Professional closing statement, signature block, and contact information for any follow-up questions

Optional Sections

1. Detailed Feedback: When required by procurement rules or when choosing to provide specific feedback about the bid's strengths and weaknesses

2. Alternative Opportunities: When appropriate, information about future tender opportunities or alternative business possibilities

3. Scoring Summary: When transparency requirements or tender rules require disclosure of scoring information

4. Appeal Process: Detailed information about appeal rights and procedures when required by the specific tender rules or when dealing with public procurement

5. Standstill Period: When applicable in public tenders, information about the mandatory standstill period before contract conclusion

Suggested Schedules

1. Scoring Matrix: Detailed breakdown of evaluation criteria and scores (if required by tender rules)

2. Comparative Analysis: Anonymous comparison of the bid against winning criteria (when appropriate and allowed by procurement rules)

3. Feedback Form: Structured feedback form detailing specific aspects of the evaluation (when detailed feedback is provided)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Government and Public Sector

Construction and Infrastructure

Healthcare

Information Technology

Energy and Utilities

Transportation and Logistics

Defense and Security

Education

Environmental Services

Professional Services

Manufacturing

Telecommunications

Relevant Teams

Procurement

Legal

Commercial

Compliance

Business Development

Contract Management

Project Management

Supply Chain

Operations

Public Affairs

Relevant Roles

Procurement Manager

Tender Coordinator

Contract Manager

Legal Counsel

Project Manager

Bid Manager

Commercial Director

Public Procurement Officer

Supply Chain Manager

Chief Procurement Officer

Compliance Officer

Business Development Manager

Industries
Dutch Public Procurement Act 2012 (Aanbestedingswet 2012): The main legislation governing public procurement in the Netherlands, implementing EU Procurement Directives and setting rules for tender procedures
Dutch Civil Code (Burgerlijk Wetboek) - Book 6: Contains general provisions on obligations and contracts, including principles of reasonableness and fairness in business communications
Proportionality Guide (Gids Proportionaliteit): Official guide that provides rules and guidelines for ensuring proportionality in procurement procedures, including communication requirements
Dutch Public Procurement Decree (Aanbestedingsbesluit): Contains detailed rules for procurement procedures, including requirements for communication and motivation of decisions
General Administrative Law Act (Algemene wet bestuursrecht): Relevant for tenders from public authorities, containing rules about proper administration and communication
EU Directive 2014/24/EU: European framework directive on public procurement that influences Dutch procurement law and practices, including transparency requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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