PROCUREMENT law
Kromann Reumert’s Procurement Group provides advice to contracting authorities as well as private enterprises on all aspects of the procurement process, including questions regarding any obligation to call for tenders or analysis of any basis for a complaint. Since our Procurement Group's specialist skills include IT and real estate, we are able to offer coherent specialist advice before, during and after the procurement and throughout the entire process - from the beginning of the tender right through to project commencement.
Our assistance is characterised by considerable commercial insight and we have extensive experience in advising on both contract and procurement law.
Our expertise encompasses the Procurement Directive and the Utility Contract Directive as well as the Danish Public Tenders Act and advertising rules. We are therefore able to provide professional and accessible assistance to both contracting authorities and private enterprises.
The contracting entity's call for tenders
A surprising number of activities carried out by public authorities are subject to the procurement rules. That is why we focus on achieving efficiency in the procurement process, and work hard to make sure your project is carried out as quickly and smoothly as possible.
In addition to legal advice, we can assist you in a number of other areas, including project management and the selection of external advisers. In our experience, the procurement process is optimised where we assist from the very beginning of the procurement. Involved in solving both commercial and legal issues, we can, as legal advisers, also assist in any subsequent discussions about the contract or handling of any potential complaints.
Our assistance to contracting entities typically includes:
- Assessment of procurement obligations
- Planning of the procurement process, including selection of procurement type
- Advice on prequalification and selection criteria
- Preparation of tender documents, including tender conditions and contracts
- Preparation of award criteria
- Evaluation of received tenders, negotiation and signing of contracts
- Project management
From the tenderer’s perspective
Contractors are often involved in the procurement process. We have extensive experience in advising such contractors.
We offer assistance from the very start of the process until the decision to award a contract has been made. Following the award of the contract, we can advise on the merits of any complaint and if there has been a breach of the procurement rules, as well as access to documents. We also represent complainants before the Complaints Board for Public Procurement and the ordinary courts, where we have considerable litigation experience.
Our assistance to tenderers typically includes:
- Applying for prequalification
- Preparation and quality assurance of tenders
- Advice regarding the contents of the contract tendered for
- Advice when a tender has been selected, negotiation and signing of contract
- Advice when a tender has been rejected / Access to documents
- Filing of a complaint
- Commencement of proceedings
- Advice during the term of the contract including amendments