1. A special form of dispute resolution The Commission of Procurement Experts
Dr. E.M. Bruggeman, The Netherlands Institute for Construction Law, The Hague

2. Introduction
The Public Procurement Act of provided the basis for an alternative form of dispute resolution
Established in 2013
An extra-judicial, free of charge, complaints review board
Independent and impartial
The Commission now functions for almost five years and receives between 50 to 60 complaints or cases a year consisting of a number of sub complaints
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

3. The aim of the Commission
Enhance the quality of government procurement
By means of quick, diligent and approachable handling of complaints
Tasks:
mediation between parties and
the delivery of non-binding advice
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

4. The first evaluation of the Commission
A welcome addition to the existing possibilities
In almost half of the complaints brought in front of the Commission its advice contributes to solving the dispute
Appreciation for the quality and diligence of the procedures and its subsequent advice
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

5. Composition of the Commission
A chairman and a vice-chairman
Experts
A secretary’s office and a judicial clerk
A set of regulations regarding the complaint procedures
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

6. Outline of the procedure (1)
Complaints can be submitted by a large variety of stakeholders
Complaints can only be filed regarding specific procurement cases
First: file a written complaint with the contracting authority itself
Submitting a complaint takes place by filing an electronic/online complaints form
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

7. Outline of the procedure (2)
Decision by the Commission to deal with a complaint is given in writing
And contains an outline of the course of the proceedings
Mediation?
Priority
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

8. Outline of the procedure (3)
Reasons for the refusal of handling a compliant by the Commission, amongst others:
The complainant has not beforehand submitted a complaint to the contracting authorities itself
Submitted a reasonable time period to respond
Pending or already finalised judicial procedure regarding the same subject of the complaint
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

9. Outline of the procedure (4)
A written advice: justified or unjustified complaint
The advice is non-binding
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

10. Some disadvantages Advice is non-binding
No suspension of pending procurement procedures
Processing times
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018

11. Concluding remarks Well received and appreciated Level of expertise
Reasoned and substantial decisions
Free of charge
Minimum of formalities to file a complaint
ESCL Annual Conference “European Construction Public Procurement, Current Issues and Perspectives” October 2018