In the Netherlands, public and semi-public authorities such as municipalities, water boards and water companies spend more than 70 billion euros on the purchase of services, works and supplies every year. A purchase order by a public sector organisation is called a tender.
Procurement rules give business owners a fair chance to compete for these contracts. Even for contracts with a low monetary value, contracting authorities are bound by the principles of equality, transparency, objectivity, fair play, proportionality and non-discrimination. These principles apply likewise to tenders put out by the institutions and agencies of the European Union.
The principle of proportionality has been the object of special attention in the Netherlands for over ten years. In fact, unlike the European directives, the Proportionality Guide is an expansive guide to the principle.
Our expertise AKD has advised and litigated on all aspects of procurement law from its Brussels office for 30 years. Our client bases includes the Dutch government, local and regional authorities, regulatory organisations and large and medium-sized companies.
Our experts provide advice example on the question whether contracts are subject to an obligation to issue a call for tenders and on the very structure of tender procedures. We can also review tender documents for contract awarders and tenderers alike. In addition, we proffer advise on public procurement law in the broadest sense. Should you become involved in preliminary relief proceedings, proceedings on the merits or in a legal action before a court of the European Union, we will of course be happy to provide legal assistance as well.
Our procurement law team is headed by Pieter Kuypers, who is also a professor of European and National Public Procurement Law professor at Radboud University Nijmegen.
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