For tenders and procurement, strict laws and regulations apply. There are rules for the tender documentation and for the course of the procedure, as well as for the selection and award criteria and the grounds for exclusion. How can you, as a contracting authority, ensure that you comply with all the rules in the Procurement Act? And what can you, as a bidding company, do if you think the rules have not been followed properly? Both parties are welcome to contact the Procurement Law section of Wijn & Stael. Our attorneys are well-versed in the Procurement Act and can assist you at every step of the procurement process.
Legal assistance for contracting authorities
The Procurement Act is based on several principles, such as the principle of equal treatment, transparency, and proportionality. If you engage our procurement attorneys, you can be sure that you comply with these principles. For example, they can prepare transparent tender documentation or assess it for you. They can also help you justify the award decision and effectively challenge objections. In addition, they assess your award criteria against the proportionality principle, which means that they must be proportionate to the nature and scope of the contract. If a dispute still arises, our attorneys will vigorously represent you in court or before the Tendering Authority.
Legal assistance for bidders in procurement
If you have submitted a bid for a procurement or plan to do so, and you have legal questions, you can also turn to the procurement attorneys at Wijn & Stael. For example, if you have been excluded from participation and are wondering if it is in line with the principle of equal treatment. Or if you think the requirements are not proportionate, or the contract has been awarded unfairly to another party. Our attorneys will advise you on the steps to take or file objections on your behalf with the contracting authority. They can also negotiate with the other party on your behalf or initiate legal proceedings before the court or the Tendering Authority.
Practical approach and expert advice
The work of our Procurement Law team is characterized by a thorough and practical approach. Our attorneys immerse themselves deeply in your industry and conduct extensive research into the relevant facts, interests, opportunities, and challenges. They use that knowledge to provide you with advice that you can implement immediately. You can engage our procurement attorneys for:
- questions about the obligation to tender and the exceptions to it;
- drafting or reviewing your procurement or purchasing policy and your procurement documentation;
- questions about selection and award criteria, exclusion grounds, and the rules for the procurement procedure;
- questions about substantial changes to the tendered contract, during or after the procurement procedure;
- making objections or handling objections against an award decision;
- conducting proceedings in procurement disputes.
Interested? Get to know our procurement attorneys below and contact us for a non-committal introductory conversation.
