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Tender Decline Letter Template for Netherlands

A formal document used in Dutch procurement processes to inform an unsuccessful bidder about their tender rejection. The letter adheres to Dutch procurement law (Aanbestedingswet 2012) and related EU directives, requiring clear communication of the decision while maintaining transparency and fairness. It includes essential information about the tender reference, decision rationale, and where applicable, information about debriefing opportunities and appeal procedures. The document serves both legal and relationship management purposes, ensuring compliance with procurement regulations while maintaining professional business relationships.

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What is a Tender Decline Letter?

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.

What sections should be included in a Tender Decline Letter?

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

What sections are optional to include in a Tender Decline Letter?

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

What schedules should be included in a Tender Decline Letter?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Document Type

Rejection Letter

Cost

Free to use

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