User Management

Terms of use and disclaimer  Help

 
Introduction
 
By accessing the internet site https://my.publicprocurement.be and its e-Notificatione-Tenderinge-Auctione-Awarding and e-Catalogue components, including the practice sites available via https://mydemo.publicprocurement.be, and by using these sites, users acknowledge that they have familiarised themselves with the conditions for using the e-Procurement service run by Federal Public Service Personnel and Organisation (referred to hereinafter as FPS P&O) and have accepted them in their entirety.
The user is expected to consult the conditions for use on a regular basis, particularly if the FPS P&O announces changes in conditions using any methods it selects.
 
A. Use of services
 
The services can be used freely, although some require registration at no charge. Also consult part B entitled “Your private life”  in order to find out how we manage our data.
Some actions relating to our applications require some prior knowledge. This knowledge may be obtained using the following means:
 
- by thoroughly reading our manuals and check-lists ( in English click here        in French:  entreprise / acheteur )
- by obtaining information from the FPS P&O helpdesk (our details can be found at the bottom of the page)
- by taking part in information sessions and/or training (in French (entreprise / acheteur ) (whether or not organised by FPS P&O)
- by consulting other channels not managed by FPS P&O.
 
Apart from using the applications, you must also master the legislation relating to procurement contracts.
You must act at all times in accordance with the legislation on procurement contracts, even if an application leaves you free to act otherwise.
 
The services may include – in a non-comprehensive way – email, uploading and downloading, signature, auction, forum, publication modules, search engines and/or other communication services and exchange services, designed to allow procurement contracts to be dealt with in their entirety.
You undertake only to use the above services for the following purposes:
 
- posting appropriate messages and
- sending material whose content is legal
and which, where applicable, are related to these.
 
For example – and without this list being comprehensive – you undertake, by using the communications services, not to:
 
use the services as part of pyramid schemes, chain letters, junk mail, spam or other unsolicited or undesirable mail.
libel, harass or threaten anyone, or infringe anyone’s rights in any other way.
publish, put on line, upload to a server, distribute or circulate any inappropriate,  insulting or illegal subject, fact or information.
upload, or make available in any other way, files containing images, photographs, software or other elements protected by the law on intellectual property, including, in particular, copyright or trademark rights (or by human rights, including herein the right to a private life), unless you hold said rights, you exercise legal control over these or you have received all the necessary authorisation.
infringe on third party rights concerning copyrights, trademarks, patents, industrial secrets or other property rights
upload files containing viruses, especially of the Trojan Horse or worm type, time bomb, cancelbots, corrupted files or any other software or similar programme likely to harm the way a computer belonging to another person functions or to damage someone else’s property.
falsify any information or delete any information without the authorisation of the person concerned.
restrict or prevent the use and enjoyment of communications services by any other user who is not part of your organisation.
violate any code of conduct or any other instructions which may apply to a particular service.
violate the applicable laws and regulations.
create a false identity with the intention of deceiving another person.
circulate details to third parties and in particular to competitors.
 
No illegal or prohibited use
 
You may only use the services if you can guarantee that you will not be using them for illegal purposes or those prohibited by these conditions for use. You must not use the services in a way likely to damage, hamper, overload or impede the operations of a server run by FPS P&O or its partners or by a network connected to this, or in a way likely to disrupt the use and enjoyment of the services by another person.
You are not authorised to circumvent any ban on accessing a service, other accounts, computer systems or networks connected to a server or an aforementioned service, by means of computer piracy (hacking), password extraction or using any other means. You are prohibited from obtaining or attempting to obtain any fact or information using a method other than those made available to you by the services.
Data that you can only consult through being connected is confidential and cannot under any circumstances be communicated to third parties.
Some data of this type are given here as an example: price of a catalogue, content of a tender, personal details, etc.
 
Your liability: associated with the application and the organisation
 
If you are acting as the manager of an organisation and this organisation is
 
a) a company
 
- you must update the software on your computer on a regular basis, in particular  the operating system (such as Windows, Mac OS, etc.), the browser (Internet Explorer, Firefox, Safari, Chrome, etc.), Java (www.java.com) and the software associated with the digital signature method you have chosen.
- the applications operate using a personal account and not a business account. You are responsible for the company data indicated in your personal account and for updating it.
- you are responsible for protecting your username and your password on our applications. You must do your utmost to ensure that this information is secure and to prevent its circulation. If you nevertheless communicate this data, this is subject to your own entire responsibility.
- you are obliged to immediately change the password you have been allocated by the helpdesk or by our application (the only exception is the password you have been allocated with the invitation to take part in a restricted file. You cannot change this password).
- you can only be connected to the same account on one single piece of equipment at a time. On this piece of equipment you can only connect up with one browser using your account. Before changing browser, you must close down the browser using the browser menu bar and not using the small cross.
- you are responsible for monitoring procurement contracts on the e-Notification platform, even if you are using messaging. Failure to receive a message or lack of information in the message service cannot under any circumstances give rise to any compensation.
- although the internet sites mentioned in the contract notice contain all kinds of information (contract title, registration deadline, and so on), the contract notice is and remains the sole correct reference and this must be used as an authentic source.
- you are expected to be initiating a contract on schedule. This responsibility applies to all phases of the process, particularly to downloading to the server and signing the bid or the participation request.
 
- if the form for electronic registration has been activated by the contracting authority, you must fill in the correct data as bidder.
- as bidder, you make sure that the right person(s) sign(s) the bid (agent or representative).
The digital signature must comply with Directive 1999/93/CE of the European Parliament and the Council of 13 December 1999 within a community framework for digital signatures AND with art. 52 §1st, 1° of A.R. of 15/07/2011 .
This regulation indicates that the digital signature must be generated with a qualified certificate, issued on a secure medium. Secure media refer in particular to a Belgian identity card, a USB key, a smartcard, and so on,  issued in person by the certification authority (therefore not by post or on line).
If using a mandate, this must satisfy legal requirements (see art. 82 §3 R.D. 15/07/2011) and, depending on the case, be added to the bid, lodged with the contracting authority or refer to the number in the Belgian Monitor.
You will find some examples of a mandate here.
 
- the company is responsible for appointing the right people who will be able to access a file in e-Catalogue, with a view to managing catalogues and orders in e-Catalogue, and for notifying this information to the awarding authority which manages the file.
- the company is responsible for informing the awarding authority in good time of any changes relating to the people who may access the files in e-Catalogue.
- if orders are placed in e-Catalogue relating to one of your company’s catalogues, you are responsible for supervising these orders, even if e-Catalogue sends out automatic notifications. Failure to receive a notification or lack of information in the notification cannot under any circumstances give rise to any compensation.
- after receiving the invitation to an electronic reverse auction, as representative you are expected to initiate operations on schedule in order to access the system and to meet all the technical requirements.
- as representative, you are responsible for indicating the correct value of the bid in an electronic reverse auction.
 
b) an organisation which is going to award a procurement contract (from the market study to fulfilment)
 
- you are responsible for protecting your username and your password on our applications. You must do your utmost to ensure that this data is secure and to prevent its circulation. However if you communicate this data, this is your own entire responsibility.
- you are obliged to immediately change the password you have been attributed by the helpdesk or by our application.
- you can only be connected to the same account on one single piece of equipment at a time. On this piece of equipment you can only connect up with one browser using your account.  Before changing browser, you must close down the browser using the browser menu bar and not using the small cross.
If you have a superuser role, you are then responsible for the use of e-Procurement applications within your organisation.
You must develop a structure within your organisation in which you will determine which departments will execute procurement contracts. You must register these departments on the e-Procurement platform. You must then create an access management system: who is entitled to publish a notice, who can receive a bid, and so on. Lastly, you must circulate the FPS P&O message throughout your organisation.
 
Please find below a non-comprehensive list of functions and characteristics that may help you within this framework.
 
You are the first premier point of contact between  the (sub-)organisation and FPS P&O
You can create sub-organisations
You can accept/exclude users for an organisation
You can change a user's roles 
You can change data about users and (sub- organisations)
You can approve/reject the profiles created by the  user (more precisely the modified roles)
You can ask the helpdesk to delete users.
 
Each user action by means of which the user asks to change his mandates or by means of which a sub-organisation is created will lead to you receiving an email. You will still need to approve or reject said action on the website. The e-Procurement service will never process user requests on its own initiative. Users will be referred to the superuser, who in turn can perform the necessary actions (and/or call upon the helpdesk if necessary). If the user states that the superuser known to us no longer holds this role, the organisation needs to appoint a new superuser first. The superuser can then perform the necessary actions (and/or call upon the helpdesk if necessary). 
 
In addition you must comply with the laws and executory decisions necessary in relation to procurement contracts. You must publish your notice in accordance with the rules of good practice.
 
Although e-Notification makes you numerous pre-programmed suggestions (such as using the e-Tendering platform by default, a possible opening date, etc.), you yourself must check the extent to which these suggestions correspond to your contract.
 
You are responsible for the content of the notice, the contract documents downloaded onto the server, the content of the record of the opening of the bids and any other basic aspects associated with the means of communication you use. You must submit a complete and correct communication.
 
Consequently be careful about the information you communicate before giving your approval about a publication or before answering a question on the forum.
 
If you accept electronic bids or requests for participation, you must complete and activate the parameters in the e-Tendering file on the date of publication.
Electronic opening procedures cannot be organised for Friday afternoons (from 12h00 to 23h59). FPS P&O has set aside this time slot for carrying out planned maintenance work.
If you are nevertheless organising an opening procedure for this time, FPS P&O cannot then guarantee that you will be able to use the e-Tendering application.
After the opening procedure, you must immediately store the files you have received on a secure server you yourself manage.
After the date of closing the file (consult the file on e-Notification under the heading Data about management and e-Tendering in Parameters), FPS P&O shall close down the file. In concrete terms this means that the contractual documents shall no longer be made available to companies and they will actually be deleted in full after 5 years. For e Tendering, only the record of the opening of the bids shall remain available after the file has been closed. The documents received (bid, digital signatures) are then definitively deleted from our servers.
 
If you want to offer a contract via e-Catalogue, you must create a file in e-Catalogue. You must activate this file to make it visible.
You are responsible for the visibility of your file. By default, the file is only visible to your organisation. The application offers the functions necessary for sharing it – if necessary – with the appropriate organisations.
You are responsible for monitoring and managing the catalogues you have downloaded or those which are present in a file, even if e-Catalogue sends out automatic notifications in certain cases. Failure to receive a notification or lack of information in the notification cannot under any circumstances give rise to any compensation.
You are responsible for checking and approving downloaded catalogues, and therefore for the accuracy and thoroughness of the information shown in the catalogue. All the information relating to the articles, the purchasing department and the company is automatically taken from the final approved version of a catalogue. Consequently, if there is incorrect information in the orders, e-Catalogue cannot be held responsible for any problem which arises.
You are responsible for monitoring and managing the orders you create in e-Catalogue, even if e-Catalogue sends out automatic notifications in certain cases. Failure to receive a notification or lack of information in the notification cannot under any circumstances give rise to any compensation.
 
If you plan to organise electronic reverse auctions, you can only do this if this falls within the field of application authorised by current legislation.
If you plan to organise electronic reverse auctions, first make contact with FPS P&O, the operator of this application, in order to deal with the applicability, configuration and planning of the auctions.
Subject to the communication issued by e-Auctions even to participants you have selected, you are expected to have provided these participants with adequate information in the publication, the contractual documents and the annex to the call for bids.
You are expected to supervise an auction while it is taking place and, if necessary, stop it subject to your own responsibility.
 
Use of Cookies
 
This internet site uses "cookies" which are small text files or data placed on your computer by the browser. These cookies are used for a variety of purposes:
 
For example a technical cookie stores preferences on the subject of language.
A session cookie is a temporary cookie allowing you to navigate between the various applications without having to connect up again.
A tracking cookie keeps track of your surfing behaviour on the website and allows for personalized visualisation of websites. 
 
FPS P&O uses cookies to make your visit to the internet sites more agreeable, mainly by storing technical choices, such as your language preference or other parameters. This can facilitate your next visit, and make it more successful.
You are advised to activate cookies if you want to consult your web sites. If you do not wish to do this you can deactivate the cookies, but you must then take into account the fact that the sites may not operate so successfully.
On the browser-publisher helpdesk, you will find out how to operate the cookies 
 
for the most up-to-date browsers which are:
 
Google Chrome
 
 
Internet Explorer
 
 
 (go to top right to change the browser version)
 
Mozilla Firefox
 
 
Safari 
 
 
Go to top right to change the language.
 
B. Your private life
 
FPS P&O respects the private life of users. Although most of the information on this site is available without needing to supply any data of a personal nature, the user may be asked to provide personal information. In this case, the data is treated in accordance with the provisions of the law of 8 December 1992 relating to processing data of a personal nature.
 
More specifically, in concrete terms, this means that:
 
The person in charge of processing data of a personal nature is:
 
FPS Policy and Support
Head of e-Procurement department
WTC III
Simon Boulivardlaan 30
1000 Brussels
+ 32 2 740 80 00
 
 
• Data of a personal nature is collected and processed in order to ensure that the e-Procurement applications operate in a satisfactory way (for example so that the information you require can be supplied and so that you can be kept informed about any information relating to the operations of the e-Procurement applications. Concrete examples: receiving messaging on the basis of your search profile, receiving an acknowledgement of receipt for submitting a bid, etc.).
• You still have access to your data and you can check its accuracy, continuing to have mistakes in your personal data corrected at no expense.
• FPS P&O undertakes not to use the data processed for marketing purposes and to apply the best possible safety measures in order to prevent any misuse by third parties of the personal data you have supplied.
 
For how long do we keep your personal data?
 
• If you are registered as a company, you must connect up to user Management at least once a year. If you do not, your data will then be deleted one year after the last time you were connected.
• If you are registered as a purchaser with a contracting authority, your data is not deleted automatically. Deletion can only take place after an email has been sent to the helpdesk at the following address: e.proc@publicprocurement.be.
 
 
C. Disclaimer
 
General information
 
FPS P&O makes every possible effort to ensure that the information made available is complete, correct, thorough and up-to-date. In spite of these efforts, this information may contain mistakes. If the information circulated contains mistakes or if some information is unavailable, every possible step will be taken in order to rectify the situation as quickly as possible. Should you note any mistakes in the information made available, you can always contact FPS P&O (see below).
 
FPS P&O makes every effort and uses all reasonable means to ensure that the web site is secure, limiting as far as possible any disruption due to technical problems. FPS P&O cannot however exclude the possibility of malicious, unauthorised or problematic technical manœuvres or interventions occurring. This is why FPS P&O cannot guarantee continuous access to the web site or that these problems will not disrupt it in any other way. Use of the web site is carried out exclusively at the risks of the user.
 
Any technical problem that you encounter must be documented (what action you have performed, screen and/or video shots, exact error messages, etc.) and indicated within 60 minutes to FPS P&O at the following electronic address or telephone number: e.proc@publicprocurement.be - +32 2 740 80 00.
The fact of not indicating (in time) a technical problem is considered to be a waiver of any claim for potential and future damages in this regard.
 
Some modules on our web sites depend on external software (Java, Fedict software, Adobe and so on). If one or several of these components has been changed  unexpectedly by these suppliers of external software, FPS P&O cannot guarantee the satisfactory operation of its own sites. FPS P&O undertakes to offer a solution as quickly as possible.
For satisfactory use of our sites, you must regularly update your software, in particular:
 
- the operating software (operating system or OS)
- the browser
- the version of Java
- (for purchasers): the eID software
- the software for reading pdf files
 
Faced with the complexity of the interaction between the browser, Java, OS, etc., our department has drawn up a table which provides details about the software combinations successfully tested by FPS P&O.
It goes without saying that combinations which are not supported can lead to certain functions within the applications failing to operate. FPS P&O is not able to help you with this.
 
In addition, FPS P&O reserves the right to terminate access to the site (fully or partially), every day between 11 pm and 4 am (CET) in order to carry out maintenance work on the application. Any other stoppage period shall be notified on the home page of the https://my.publicprocurement.be site under the heading Information System and for e-Tendering in particular on http://www.publicprocurement.be/fr/unavailabilities.
 
However FPS P&O cannot under any circumstances be held responsible for direct or indirect damage resulting from using this web site or the information made available therein. The user is personally responsible for any damage caused to its computer system or resulting from a loss of data subsequent to downloading information. The user is also personally responsible for any failure to submit bids or for submitting them after the deadline.
 
Although FPS P&O undertakes to analyse the questions submitted or the problems encountered by users within a reasonable period of time and to propose an appropriate solution, the service does not guarantee that it can offer a correct solution for each problem posed (whether or not associated with the application).
From experience, our service can confirm that most of the notifications not associated with the application are due to the configuration of the computer used. Problems with configuration are often associated with one of the following fields:
 
Java Software 
Browser parameters
Network parameters
Security parameters
Middleware parameters
 
Depending on the cause of the problem, analysis may take a certain amount of time and numerous operations may prove necessary in order to configure the computer correctly.
Consequently our service advises each user to configure the computer in question well in advance (over 5 working days) and to test the configuration.
If a problem with use is notified under 2 hours before opening the file and if the cause of the problem lies with the user (because of incorrect local configuration, faulty use, etc.) FPS P&O cannot guarantee that it will be able to identify a solution before opening time. Depending on the reason, numerous operations may in fact prove necessary.
 
The above exclusions from liability are valid both before the submission deadline and after the submission deadline. All changes in the requests for participation / bids subsequent to the deadline are made at the user’s own risk.
At the time of opening the bids, the application shall be rendered unusable without any prior warning. Consequently, a user who is still working at that point will be considered to have submitted the last recorded version of the request for participation / bid, and not to have submitted a request for participation / bid if no prior recorded version is available.
 
Our disclaimer relating to the application:
 
User management
 
Requests to join an organisation or operations on a profile are approved by a superuser (person appointed within your organisation).
FPS P&O cannot under any circumstances be held responsible for any late approval, or for the consequences of this.
In addition, FPS P&O is not responsible for checking the roles people occupy. Indeed our service cannot evaluate the job a worker carries out within an organisation.
Finally: FPS P&O cannot be held responsible for the accuracy of data supplied by a user in user Management.
 
e-Notification
 
FPS P&O is not liable, except with regard to its own publications, for the content of the contract notice, contractual documents, the content of a forum, the written record of the opening of the tenders and any other notification made by the awarding authority. In the event of any inaccuracy, gap, imprecision, etc., you must contact the awarding authority directly.
As part of the principle for the transparency of public procurement contracts, our service cannot delete the contract notice or published contractual documents.
 
e-Tendering
 
FPS P&O is not liable for the files downloaded by users. The damage caused by corrupted files must be recovered from the user who has downloaded these files.
As indicated in the conditions for use, as purchaser you must have downloaded the bids received yourself onto a secure server prior to archiving date. Once the archiving date has gone by, the files received (bids), introductory reports, digital signatures are deleted from the FPS P&O server. FPS P&O cannot under any circumstances be held liable for ‘losing these files. This is not actually a loss, but the normal operations involved in a maintenance procedure.
FPS P&O is not liable for information given in the written record of the opening of tenders. This information is actually completed by the purchasers. Even if the text pre-programmed in the statement is not correct, the purchaser is responsible for checking that this information is correct. For this reason the purchaser can include in the text field additional information to correct the pre-programmed text.
 
e-Catalogue
 
FPS P&O is not liable for the content of the documents downloaded, such as the documents downloaded on the server by the contracting authority under the section entitled “additional information” in each file, the document calculating the rental fees, the catalogues downloaded onto the server by suppliers or by the actual awarding authority, whether or not this is within a structured format, or the documents downloaded onto the server by purchasers by way of an annex to the orders.
FPS P&O is not liable for the information provided in an e-Catalogue file. This is actually completed by the awarding authority itself.
FPS P&O is not liable for the visibility, whether or not lawful, of files, catalogues, articles or article options, given that the awarding authority and the actual purchasers can accurately determine the persons or organisations by whom the files, catalogues, articles or article options may be viewed.
FPS P&O is not liable for the information provided in an order or a list of articles. This information is actually completed on the one hand by the actual purchaser and on the other hand it is taken from information available within the system, for example in catalogues, purchaser and supplier profiles, and once this data is downloaded onto the server it must be checked by the various users themselves.
In extension of the previous paragraph, nor can FPS P&O be held liable for any incorrect information made available by the internet services offered by FPS P&O. This information is actually taken directly from the data available within the system, and this data must be checked by the various users themselves.
Whatever the reason, in the event of errors, gaps, inaccuracies, etc., you must contact the awarding authority or the purchaser directly.
 
e-Auctions
 
FPS P&O is not liable for the non-arrival or late arrival of emails containing invitations to an auction if these have left the FPS P&O network or if an incorrect address has been provided by the purchaser or the participant.
FPS P&O is not liable for the configuration of an auction whose parameters have been set by the purchaser.
FPS P&O is not liable for auctions conducted by the participants.
FPS P&O is not liable for information given in a written record of the auction. This is actually compiled in full by the purchasers.
As indicated in the conditions for use, you are obliged, as purchaser, to archive information about the auction yourself. 
Once the archiving date has gone by, the data relating to the files is deleted from the FPS P&O server. FPS P&O cannot under any circumstances be held liable for ‘losing’ this data. In fact this does not constitute a loss, but the normal operations involved in a maintenance procedure.
 
e-Awarding
 
FPS P&O is not liable for the files downloaded onto the server by users. You must reclaim the damage caused by corrupted files from the user who has downloaded these files.
FPS P&O is not liable for the incorrect use of the templates made available by e-Awarding. You must reclaim the damage caused by any incorrect content of the files with the user who has compiled these files.
As indicated in chapter A – entitled “Using the services”, as purchaser you must have downloaded the data yourself onto a secure server prior to the archiving date. Once the archiving date has gone by, the files received (bid) are deleted from the FPS P&O server. The FPS P&O service cannot under any circumstances be held liable for ‘losing these files. This is not actually a loss, but the normal operations involved in a maintenance procedure.
 
 
D. Notifications and procedure for indicating infringements
 
You can indicate any irregularities by sending an email to the following address: e.proc@publicprocurement.be.
 
Attach your personal details to your message and any supporting material.
 
If you think that the FPS P&O e-Procurement service has not helped you sufficiently, you can lodge a complaint:
 
preferably using the on line complaint form
at the office reception desk 
the complaint form can also be obtained by telephone (02-740 74 74)
or by post 
 
It goes without saying that you may give reasons for your complaint and indicate your personal interest in this. For the complaint to be dealt with correctly, you always need to state your name and address, and also preferably your email address.
Complaints which do not involve the provision of FPS P&O services are not dealt with, but will be redirected insofar as this is possible.
 
Your complaint will always be acknowledged. The complaints manager will send you a response within 30 calendar days.
 
 
What if you are still not satisfied?
 
If you are not satisfied with the way your complaint has been dealt with initially, you can contact the Médiateur fédéral (federal Mediator), rue Ducale 43, 1000 Brussels (contact@federaalombudsman.be).
 
Our details
 
FPS BOSA
Service e-Procurement (e-Procurement Department)
WTC III
Simon Bolivardlaan 30
B-1000 Brussels
 
Helpdesk:
 
Tel: +32 2 740 80 00 (NL+FR)
Opening times: every working day: 8h30-12h and 13h15-16h30
Find more detailed information about opening times here.