Samenvatting

The commencement of the Single European market by the signing of the Single European Act led to the foundation of public procurement. Public procurement is the process of purchasing public works, supplies and services by states and their governing bodies in which they have to act transparent, non discriminatory and equal towards potential providers. It is subject to several directives that guide the procurement process. In the Netherlands public procurement is guided by BAO and BASS, the Dutch implementations of directives 2004/18/EC and 2004/17/EC. These regulations are supposed to guarantee transparency, equality and non discrimination. Contracting authorities can opt for several procurement procedures, depending on the type of assignment.
This paper offers an insight in the process of public procurement and the involvement of human factors. The objective is to prove and explain the existence of the human factor and subjectivity in the Dutch public procurement process. In the course of my research, public procurement and its different procedures were examined. From there follows an investigation of the human factor and an selection and award criteria. Unfortunately, public procurement laws are not constantly abided. In an ideal situation, transparency, equality and non discrimination are taken into account. In reality public procurement is not always objective, leading to the involvement of the human factor in the public procurement procedure.
This paper concludes that the role of the human factor in public procurement is very important and cannot be excluded. The human factor can be found in several parts of the public procurement procedure. Additionally, court interference does not always point to the elimination of human factors and the subjectivity in public procurement.