Specialist Procurement law & Corporate law & Competition law and state aid
Tendering procedures generally have to comply with strict rules. At La Gro Geelkerken, we have an extensive procurement law practice with experienced procurement lawyers who can handle all issues relating to tendering procedures. When are you under an obligation to put a contract out to tender and when can you make an exception? What about public-public and public-private partnerships and one-on-one contract awarding? What if you think a contract was awarded in breach of the rules? What ways are there to object to how a contract was awarded? Our procurement lawyers can answer all your questions.
We represent clients and contractors. Our procurement team will assist throughout the complete tendering procedure. Their assistance will give the contracting party the security that processes will run correctly and smoothly. In a procurement process, state aid and competition are often also factors to consider. This is why we work closely together with colleagues in these specialist areas. Together with you, we will find ways to make the most of the possibilities offered by procurement law.
We also support businesses who want to tender for a contract. Or businesses who want to object to how a contract was awarded. Thanks to our substantial experience on both sides of the table, we can help you with targeted advice on how to take legal action. Or how to file a complaint with the Committee of Procurement Experts.
What we can do for you
We will provide guidance throughout the complete procurement process, giving you the peace of mind that it will run correctly and smoothly. We will advise on how to set up your procurement process, help you answer questions from tenderers in a summary of additional information and changes, and assist in drawing up contracts with candidates or tenderers.
And we will help you get to grips with the legal frameworks of exceptions to the obligation to put a contract out to tender. Exceptions could be when you work together with other local authorities, use an in-house construction, or want to grant a certain party an exclusive right to work for your organisation.
If legal action is brought against you as a contracting authority, we will represent you. This can be in preliminary relief proceedings, in proceedings on the merits, or with respect to a complaint filed with the Committee of Procurement Experts.
Aside from that, we can help tenderers who believe that a contract was awarded unfairly. Together, we will then assess whether a contract was awarded unlawfully and what steps you can take.
If you want, our Procurement Team can review your tender documents for compliance with the relevant laws and regulations. We will then check, among other things, whether the conditions of a tendering procedure are proportional, the eligibility and award criteria have been formulated clearly, and whether the tendering procedure complies with the Dutch Procurement Act and Proportionality Guide.
We also advise contracting authorities on clear formulation of a procurement and tendering policy and on application of and compliance with the policy.
On the other hand, we can help tenderers who believe that a contract was awarded unfairly. Together, we will then assess whether a contract was awarded unlawfully and what steps you can take.