The government is the largest contracting authority of the Netherlands. Virtually everything government agencies buy or have built is done through a tender procedure. It is therefore not surprising that many market participants compete for such contracts. Procurement law requires that the government brings these tenders to the market in a fair manner. For this reason, tender procedures are bound by certain rules. To arrive at a legal contract and to avoid damage claims, it is important that these rules are followed correctly. The ultimate choice for any entrepreneur should be established in a transparent and non-discriminatory way. That is not always easy.
The rules on tenders are found in the Procurement Act 2012, the Aanbestedingsreglement Werken 2012 [Dutch Works Procurement Regulations] and the Gids Proportionaliteit [Dutch Guidebook on Proportionality]. There are also new Procurement Directives which come into force in mid-2016. We are always up to date with the latest developments in the area of tenders. Additionally, we have extensive and sector-specific knowledge about tenders. Examples of such sectors include construction, healthcare, IT, the public sector and (public) transport.
Partner when dealing with tenders.
In order to prevent disputes, it is wise to seek advice early on in the tender procedure. We support and advise procurers on the course of action, but we also assist tenderers with drawing up, testing and/or submitting tender documents.
Disputes arising from tenders.
Has a dispute arisen from a tender procedure? We also have extensive experience in procurement law litigation. Because we assist both procurers and tenderers, we can approach disputes from various angles. Such disputes are often settled in summary proceedings.
Procurement law has much in common with other areas of law such as - for example -competition law, corporate law and real estate. Since we are a full-service firm, we are highly knowledgeable in all legal areas. If your case covers multiple legal areas, we bring knowledge from different legal areas together.
We would like to share our knowledge with you!
We regularly organise workshops for tenderers and procurers. During these workshops we examine current issues that are relevant to your procurement practice. It is also possible to organise a consultation workshop that is fully tailored to your organisation. In addition, you can subscribe to our newsletter in which we keep you up to date on current developments.
We can advise, guide and assist you with:
- the choice for a certain tender procedure/the way the contract is put onto the market;
- the development and/or testing of tender documents;
- submitting your registration; preparing questions for the benefit of the information notice;
- creating your tender registration in order to achieve the most economically advantageous tender;
- testing the reasons for the award decision if you are wondering whether your registration is properly assessed;
- summary proceedings following a tender.
Examples of recent questions to our lawyers in the area of procurement law:
- How do the new Procurement Directives 2015 affect us?
- Is there a mandatory procurement?
- Are the requirements and desires proportional?
- Can I file a complaint during the tender procedure?
- Our organisation is obliged to put contracts out to tender. Should I organise a tender if I want the tender to be awarded to another contracting authority?
- Is my registration correctly assessed?
- Are the tender documents in accordance with procurement law?
- When is a tender strategic (permissible) and when is it manipulative (not permissible)?
- Is it permitted to correct a flaw in the tender registration?