Contents of this page
2. Intended purpose of TenderNed
4. User account and authorizations
5. Compliance with the Public Procurement Act 2012
6. Publication of notices
7. Data exchange
8. External links
9. Information security
10. Privacy statement and protection of personal data
12. Closing and opening of the vault
13. Archive management
15. Cookie statement
16. Intellectual property rights
17. Choice of law and choice of forum
18. Questions or complaints
- Contracting Authority: Any entity obliged to procure in accordance withthe Dutch Public Procurement Act 2012 (Aanbestedingswet 2012)
- Data: All data and content, of any nature whatsoever, as supplied, created and/or obtained by a Contracting Authority or a company
- User: Anyone who has registered in the online procurement system
- Company: An entrepreneur, as referred to in Section 1.1 of the Public Procurement Act 2012
- Organisation: The organisation (Company or Contracting Authority) registered and activated as such in TenderNed
- Personal data in documents in TenderNed: Personal data contained in documents uploaded in TenderNed
- PIANOo: The Dutch Public Procurement Expertise Centre PIANOo is the management organisation of TenderNed. PIANOo is a part of the Netherlands Enterprise Agency.
- Processor: TenderNed, based on its statutory task
- Controller: The Dutch Minister of Economic Affairs and Climate Policy is the controller with respect to the personal data stored in TenderNed. The relevant User is the controller with respect to the personal data contained in the documents in TenderNed.
Via the www.tenderned.nl website,everyone can freely access the publication of tender notices and contract award notices, information about the electronic and general procurement process as well as specific information about how to use TenderNed.
Electronic procurement system
The electronic procurement system is suitable for publishing notices and for conducting the entire procurement process electronically. Only Contracting Authorities are entitled to issue calls for tenders via TenderNed. Subsequently, Companies that wish to participate in a tender may submit their company details, supporting documents and bids via the electronic procurement system. Users must register in order to use the electronic procurement system.
A User may publish notices or submit a request to participate in a tender procedure or a bid if he or she has a user account linked to an activated Organisation.
A User who is not linked to an activated Organisation may create an interest profile. The User may opt to be notified by email of new tender notices that meet this interest profile and of changes in tender notices that he or she wants to stay informed of.
A Company is activated as soon as it is registered via eHerkenning, a standardised login system. A User can link himself or herself to an active Company via eHerkenning. Because a Foreign company can’t register with eHerkenning, we have an alternative registration process in which we use an activation code.(i)
A Contracting Authority is activated as soon as it uses the activation code sent to it after registration in TenderNed’selectronic procurement system.
It is the User’s responsibility to ensure that the electronic procurement system is used exclusively by persons who are authorised or mandated to carry out one or more tasks. PIANOo does not verify whether registered Usershave actually been validly authorised or mandated and whether they are entitled to user rights.
In case of improper use of a user account, PIANOo reserves the right to block the relevant user account.
PIANOo advises Users to store their user data carefully after registration and to change their password regularly.
Users are responsible for the correct application of the Public Procurement Act 2012.
TenderNed automatically ensures that the notices are also published, as required by law, in the online Official Journal of the European Union, Tenders Electronics Daily (TED). A Contracting Authority is not allowed to rectify the notice until it has been published on TED. In case of the voluntary publication of national or other contracts, the Contracting Authority may indicate manually in the electronic procurement system that it wishes to publish the notice on TED.
Users are responsible for ensuring that the data published and exchanged via TenderNed are correct, complete and up-to-date. PIANOo does not verify whether the data provided by Users are correct, complete and up-to-date. PIANOo is not a party to the calls for tenderspublished on TenderNed, has no access tothe content of the documents uploaded by a User in the system,nor isit a party to any agreement resulting from published calls.
TenderNed contains links to websites of organisations that operate entirely independently of TenderNed. PIANOo is not responsible for the functioning of these websites or for the information contained therein.
PIANOo makes every effort to guarantee the quality of information security. However, PIANOocannot completely rule out the possibility of third parties intercepting the data and accessing the content. TenderNed meets the ISO 27001 standard with respect to information security.
PIANOo takes all reasonable measures to protect the files on the servers from viruses, but cannot guarantee that the website and electronic system will be virus-free at all times. PIANOo assumes that the User will also take the necessary security measures.
PIANOo will not use the data for commercial purposes, nor will it provide the data to third parties for that reason.
PIANOo stores the personal data of registered Users only for as long and insofar as this is necessary for the use, statutory tasks and functioning of TenderNed.
On his or her request, each User is granted the right to inspect the personal data processed by TenderNed. Users may correct and supplement their own personal data.
A request for deletion may be submitted to servicedesk@TenderNed.nl.A request for deletion will only be considered if it is technically possible; if it is not in conflict with the tasks of TenderNed such as promoting compliance with the Public Procurement Act; and if the relevant User has never actively participated in a call for tender. ‘Active participation’ includes the sending of messages via TenderNed to a Contracting Authority.
The Minister of Economic Affairs and Climate Policy is the Controller with respect to the processing of personal data in TenderNed, with theexception of the data contained in documents uploaded by a User in TenderNed. With respect to the registration of Users in the electronic procurement system, PIANOo is registered in the Notifications Register (Meldingenregister) of the Ministry of Economic Affairs and Climate Policy under number M-1631. In case of a security breach resulting in a breach of the personal data recorded in TenderNed, PIANOo will immediately report this to the Dutch Data Protection Authority (DPA) and to the User(s) whose personal data have been breached. This is in accordance with the Dutch Data Breaches (Reporting Obligation) Act (Wet meldplicht datalekken). If a User, a Company or a Contracting Authority detects a data breach, these parties are also obliged to report this to the DPA and to PIANOo. PIANOo will also report the data breach to the Dutch National Cyber Security Centre.
PIANOo generates and publishes data based on its public task, using the information entered in the tenders in the electronic procurement system. As part of that TenderNed usesthe Chamber of Commerce registration. If your trading name or any other name contains your personal name, please note that this name will be made public via the publications on TenderNed. If you wish to prevent this, you should modify your organisational data in TenderNed accordingly.
Limitation of PIANOo’s responsibility as Processor with respect to documents uploaded by Users in the system
PIANOo has no access to the documents stored in the system by Users. Users have theresponsibility to ensure that the information, data and documents they provide in TenderNed meet the requirements of the General Data Protection Regulation. If PIANOo is notified of a data breach, it will immediately report this to the User(s) who have uploaded the relevant documents as well as to the DPA.
The website and the electronic procurement system have been developed with the utmost care. However, PIANOo cannot guarantee the faultless and uninterrupted functioning of the system.A malfunction or system failure cannot be entirely ruled out. In case of a malfunction, PIANOo will inform the User immediately or as soon as possible of the temporary unavailability of TenderNed via the TenderNed Service Desk, TenderNed website and/or PIANOo, Twitter or by some other means.
If the electronic procurement system is unavailable shortly before the expiry of a deadline, whereby the Companies concerned are unable to submit their request to participate in a tender procedure or to submit a bid in time, the Contracting Authorities will receive a message regarding this malfunction. A Contracting Authority may, on its request, be allowed to extend the deadline for submission of the request to participate in a tender procedure or submission of a bid. If a Contracting Authority opts for an extension, both the Contracting Authority and the Companies concerned will automatically receive a message regarding the extension.
PIANOo kindly requests Users to report any malfunctions to the TenderNed Service Desk (servicedesk@TenderNed.nl). It is the Contracting Authority’s responsibility to inform the Companies concerned in a timely and adequate manner about the possible consequences of malfunctions for the procurement process, whether electronic or otherwise.
Companies are not expected to wait until the last moment to submit their bids. If they take this risk, they will have to bear the consequences of not meeting the official requirements of submission of their request to participate or submission of a bid.
Companies are responsible for their own internet and telephone connections.
The electronic procurement system stores all documents and data sent by a User in an encrypted virtual vault. Contracting Authorities may only view a request to participate in a tender procedure or a submitted bid after the expiry of the deadline for the participation request or bid submission. Untill this virtual vault is closed, Companies may change their participation request or the submitted bid by cancelling the original participation request or bid and creating a new participation request or bid.
More information: What to do when there is a technical failure? (in Dutch)
A User always has access to his or her own data entered in the electronic procurement system. Once a procurement procedure is complete, PIANOo reserves the right to remove the data at any time from TenderNed’s servers. As and when this occurs, PIANOo will notify the User and give him or her the opportunity to archive the data. The archiving obligation of Contracting Authorities arising from the Dutch Public Records Act 1995 (Archiefwet 1995) rests, at all times, with the Contracting Authorities.
With respect to registered Users:
PIANOo does not verify the identity of a User or whether a User is mandated or authorised to act on behalf of an Organisation. Contracting Authorities and Companies must monitor this directly. PIANOo is not liable for direct or indirect loss or damage resulting from the improper use of user rights. The responsibility to verify electronic or hand-written signatures for validity lies with the Users at all times.
With respect to content:
It is the responsibility of Usersto ensurethat data they enteredin TenderNed is correct, complete and up-to-date. PIANOo shall not verify whether such data iscorrect, complete and up-to-date and is not liable for any direct or indirect loss or damage occurring as a result of incorrect, incomplete or outdated data.
With respect to information security:
PIANOo makes every effort to prevent third parties from intercepting and accessing the data. However, PIANOo cannot completely rule out the possibility of third parties intercepting the data and accessing the content. PIANOo is not liable for any direct or indirect loss or damage resulting from a possible data breach.
With respect to viruses on TenderNed’s servers:
PIANOo takes all reasonable measures to protect the files on the servers from viruses, but cannot guarantee that the website will be virus-free at all times. The use of TenderNed may not, under no circumstances, lead to liability for direct or indirect loss or damage to Users on account of the viruses.
With respect to malfunctions:
The public website and the electronic procurement system have been developed with the utmost care possible. However, PIANOo cannot guarantee the faultless and uninterrupted functioning of the website and the electronic procurement system. A malfunction or system failure cannot be entirely ruled out. PIANOo expressly excludes any liability for direct or indirect loss or damage as a result of a temporary unavailability of the TenderNed website and/or the electronic procurement system.
With respect to archive management:
The obligations of Contracting Authorities arising from the Public Records Act 1995 (Archiefwet 1995) rest, at all times, with the Contracting Authorities. PIANOo is not liable for any direct or indirect loss or damage resulting from the failure of the Contracting Authorities to comply with these obligations.
With respect to privacy:
PIANOo is not liable for loss or damage resulting from a data breach detected in documents of an Organisation which have been uploaded in TenderNed.
15. Cookie statement
All intellectual property rights or other rights relating to TenderNed, including the rights to texts, images, design, data files, photographs and other stilland/or moving images, audio files, formats, software, brands (including the TenderNed brand name and TenderNed domain name) and other materials, are vested in the State of the Netherlands. The use of the logo or other rights is only permitted with the prior written consent of PIANOo, the management organisation of TenderNed.
Questions and additional information
Do you have a question about TenderNed? If so, please read the information for Contracting Authorities and Companies on the website, consult the Help menu in the electronic procurement system (this menu appears on the top right-hand corner when you log in) or contact the TenderNed Service Desk.
TenderNed Service Desk
The TenderNed Service Desk is available on working days from 8.30 a.m. to 5.00 p.m. via the toll-free number +31 70 379 88 99 or via e-mail .
Do you have a complaint about the functioning of the system or about our services? If so, please send this to us in writing. Your complaint is an important signal for us, based on which we can improve our services. To ensure that it is handled properly, itis important that you submit your complaint via this form, clearly stating this concerns a complaint. PIANOo strives to ensure that complaints are handled as quickly as possible and will inform you about the expected handling time.