Croon lawyers cover all facets of European and Dutch procurement law. In addition to a comprehensive consultancy and litigation practice, Croon lawyers are particularly active in setting up and guiding tendering procedures.
Croon lawyers can advise you on questions of varying nature. Examples include preliminary questions from contracting entities such as:
- Does a contract need to be tendered (Europe-wide)?
- When is there an obligation to issue a call for tenders?
- Which tendering procedure is most suitable for putting the contract out to tender?
- How much time in advance does the tender need to be set up; what terms apply?
- Do exceptions apply, as a result of which specific terms or stipulations do not apply?
- What information do tenderers need to be provided with prior to the tender?
During the tendering procedure, both the procuring entities and tenderers may have questions such as:
- Does a tender meet the minimum requirements?
- Have the eligibility requirements been met?
- In which case may a tender be supplemented?
- Is providing insight into the tenders of other tenderers allowed?
It is obvious that every tender is different. In some cases, a more or less standardised approach suffices, whereas other cases need customisation. We like to advise in all cases.
Setting up and guiding tendering procedures
Croon lawyers provide legal guidance in tendering procedures for works, supplies, services and public transport concessions. We advise on e.g. the type of tendering procedure to be applied and the selection and award criteria to be applied and formulate tendering guidelines.
Croon lawyers have ample experience with the setup and guidance of tendering procedures using the Competitive dialogue procedure. For example, Croon lawyers were involved in the tendering procedures for the second Coen Tunnel (tunnel under the North Sea Canal), Doetinchem Tax Office, Underground CO2 storage, A15 Maasvlakte-Vaanplein Motorway and the Rotterdam Detention Centre.
Croon lawyers assist parties in the event of disputes – often preliminary relief proceedings – which arise following tendering procedures.
This involves matters such as the degree to which a rejection is or needs to be motivated, the permissibility and assessment of the award criteria applied and the validity of tenders.
Croon lawyers offer advice on possible (PPS) forms of cooperation, we draw up development agreements and, where needed, guide the tendering of agreements for area development.