Corporate | Procurement Law

Procurement law

Bidding for a public tender can be a costly and strenuous experience.  Quite often the regulations are unclear, adding to the burden of getting the paperwork right. GMW Advocaten can advise you on the ins and outs of the field, scanning your rights and duties.

Dutch law requires contracts for governmental projects – such as the construction of a penitentiary or the cleaning of a ministry - to be awarded following a tender procedure. Contractors bidding for the tender must complete a series of questionnaires, also submitting extensive documentation. Logically, the contract will be awarded to the best tender. A tender procedure always bring in additional administration, be it for the participating companies, which must take into account a lengthy and sometimes costly preparation period when submitting all required paperwork or the governmental bodies issuing the tender.  Quite often, the company winning the bid is contested, as well.

Our role

GMW Advocaten can assist all parties involved in a tender procedure; it can assist governmental bodies by verifying their obligation to issue a tender, identify the threshold amounts and establish the lawful criteria of selection. Contractors can ask for assistance if they are not happy with the circumstances under which a contract was awarded following the procedure. Fully aware of all the intricacies of the private – public partnership and the many forms of design and build contracts, GMW Advocaten will give tailor made legal advice for your specific situation.

Background information

Contractors often complain about the disproportionately demanding participation criteria and the lack of transparency of the tendering rule, especially lamenting the fragmentation, compartmentalization and the administrative burden involved. In response to this more and more attention is given to aspects such as integrity, financial capacity, competence, equal opportunity, competition, innovation and transparency.  Many applicants scrutinise the tendering process in a critical manner, filing complaints in court if the impression persists that the contract was awarded to a certain company on unfair grounds.
In view of the above both applicants and governmental bodies are well advised to optimise the tender procedure by consulting experts in the matter.

Information 

For more information please contact Arthur de Groot or Mark Krul. 

For more information click on Construction law, Administrative law, Supervisory bodies and Competition law and Market  Forces.