Public procurement law
In tendering processes, we assist both contracting authorities and bidders.
Bidders seeking government contracts sometimes have to navigate through the intricacies of procurement law. Despite all the formalities, our lawyers make this legal field accessible, tangible, and clear to bidders. We understand the dynamics of the tendering process, the rush to win, and the disappointment of losing. We evaluate bids, award decisions, and assist in asking legally strategic questions. In case of a loss, we help you formulate your objection and, if needed, enthusiastically pursue legal action to turn your loss into a victory through the courts.
We also provide assistance to contracting authorities. With in-depth knowledge of national and international regulations, we effectively translate this into practical advice. Every tendering process is unique, and we guide you through it. From preventing a tendering process to drafting award decisions and handling legal proceedings, ScheerSanders supports contracting authorities so they can focus on the ultimate goal: awarding the contract to the best bidder in the market.
Our specialist lawyers can assist you in the event of:
- formulating questions for the summary of additional information and changes
- objection to or complaint about the award
- complaint to the Committee of Tender Experts
- preliminary relief proceedings in procurement law
Formulating questions for the summary of additional information and changes
The summary of additional information and changes: the moment for bidders to influence an ongoing tender. By working together with the lawyers at ScheerSanders to ask precisely the right question, much can change in your favour. For example, we almost always ask questions about the draft agreement or framework agreement (if it has been published yet). Do you also want to ask specific questions that no one can ignore? Do you want to proactively improve your chances in a procedure? ScheerSanders Lawyers is happy to advise you on formulating questions for the summary of additional information and changes.
Objection to or complaint about the award decision
Do you disagree with the provisional award decision of the contracting authority? Is it insufficiently motivated, is the assessment incorrect, or were you not treated equally? Perhaps you do not even know exactly what is wrong, but you would like us to take a look and see if we can find something to help you win? We are happy to assist you in formulating your objection to or complaint about the provisional award decision.
Complaint to the Committee of Tender Experts
The lawyers of ScheerSanders Advocaten regularly formulate objections, complaints, and procedural documents: everything necessary to as yet turn the tender in your favour. One of the options is to file a complaint with the Committee of Tender Experts.
Preliminary relief proceedings in procurement law
It is not without reason that contracting authorities usually allow a period of 20 calendar days after the provisional award before entering into a contract with the winner. Based on the Public Procurement Act, as a bidder you must have the opportunity to object to an incorrect, erroneous, or unlawful provisional award. ScheerSanders has extensive experience with and knowledge about conducting preliminary relief proceedings in procurement law. We draft summonses, intervene in ongoing proceedings if necessary, and litigate fiercely for your position.
Intervening as the winning bidder
Have you won the tender? Congratulations! However, there is still a possibility that a losing party may object to the assessment. If this leads to preliminary relief proceedings, we are here to assist you as the winning bidder in these proceedings. Together, we will consider whether you should intervene as a third party in these proceedings and what your and our role should be. This decision depends in part on the contracting authority and their position, but we would be happy to delve into this with you based on the specific facts of your case.
Membership of a specialist association: Dutch Association for Procurement Law (Nederlandse Vereniging voor Aanbestedingsrecht NVvA)