Procurement Law
Procurement law is a complex area whether you are a contracting entity or a tenderer.
The rules are extremely detailed and the area is continuously under development, and therefore it may be difficult for both the contracting entity and the tenderer to comply with the rules.
Non-compliance with the rules may have significant consequences for both contracting entities and the tenderers. A contracting entity may risk having to terminate the illegally concluded contract and to pay compensation for loss of profits to the tenderers, while a tenderer may risk to be disqualified for an assignment when placing an irregular tender.
We have significant experience in advising both contracting entities and tenderers throughout the tender process, whether the tender is to be implemented in accordance with the EU procurement directives or the Danish Act on Tender Procedures.
We advise in relation to both the preparation and implementation of public tenders and are capable of assisting contracting entities among other things in connection with:
- Assessment as to whether there is an obligation to invite tenders or a duty of public announcement.
- Selection of the most appropriate procurement method.
- Implementation of the tender process, including drafting or optimisation of tender documents and contract.
- Listing of appropriate award criteria and evaluation model.
- Evaluation of received tenders in relation to conformity with the contract conditions.
Our advice to the tenderers includes among other things:
- Drafting or examination and optimisation of tenders in conformity with the contract conditions.
- Negotiations with the contracting entity.
- Assessment of evaluation reports and disclosure requests.
We also conduct procurement cases before the ordinary courts as well as before the Complaints Board for Public Procurement.
