Procurement law
The days when the government could award contracts for construction work, supplies and services to contractors of its choosing are (formally) over. If public authorities, such as the national government, provinces, municipalities and water boards, but also “semi-public” companies (companies financed by the government), such as school boards and public transport companies, want to award a contract, that contract must be “tendered”.
The aim of this is to ensure that anyone who is suitable can tender for the contract and that the selection of candidates takes place in a fair, pre-announced, transparent and equal manner for everyone, so that smaller companies can also tender for a contract and be awarded it. Fairness, prior knowledge, transparency and proportionality are core values that must be observed throughout the tendering process. A fairly extensive set of rules has been formulated for this purpose, particularly as a result of European regulations.
It is conceivable that, as a potential candidate, but also as a representative of the government service, you may not be able to find your way through this maze of rules, especially if a conflict over a tender is looming. Van Boven & Van der Bruggen Advocaten can advise you on this matter and guide you through it, from the moment the tender specifications are drawn up to the moment the contract is concluded after the tender. The firm has sufficient specialist knowledge in-house for this purpose. Combined with its experience in litigating tender cases, the firm can provide you with tailored advice that takes all your interests into account.
We can advise you and litigate on your behalf in the following tender law cases, among others:
- Does the contract have to be put out to tender?
- How should the contract be tendered?
- Can the contract be divided into smaller parts?
- Is the correct tendering procedure being followed?
- Are the tender documents correct?
- Can a tenderer be excluded?
- Is the government agency imposing excessive requirements on the tenderers?
- Can the government agency award the contract to the intended tenderer?