Procurement law

Legal support for public procurement

Procurement law regulates how governments and public institutions must procure contracts for supplies, services, and works. The rules ensure that this procurement is transparent, objective, and based on equal treatment. This provides legal opportunities and obligations for both procurers and market participants. 

What does procurement law regulate? 

Governments must comply with the Procurement Act 2012, the Procurement Decree, and the Guide to Proportionality when procuring, for example, ICT, construction projects, consultancy services, or cleaning contracts. The legislation includes different procurement procedures and award criteria, such as: 

• The best price-quality ratio (BPQR); 
• The lowest price; 
• Or the lowest costs based on cost-effectiveness. 

The application of these rules is continually developed through case law, which requires specialized knowledge. 

Opportunities and considerations 

Procurements offer opportunities for: 

• Procurers who want to procure efficiently and lawfully; 
• Businesses looking to access government contracts. 

Many legal aspects play a role, such as: 

• The choice of the right procurement procedure; 
• The formulation of selection and award criteria; 
• The requirements for submissions and quotes; 
• The structure of the procurement guide and the contract; 
• The possibility of revision or termination of the procedure; 
• Legal protection, including the application of the Alcatel term and objections against awards. 

Our expertise 

We advise and support both contracting authorities and bidders in: 

• Drafting or reviewing procurement documents; 
• Conducting market consultations; 
• Submitting bids or assisting with procurement procedures; 
• Submitting questions, objections, or complaints; 
• Conducting legal proceedings both for and against the government;
• Related issues such as competition, state aid, or sustainability of procurements. 

Strategically and practically strong 

Procurement law is formal, complex, and subject to continuous development. Our specialists ensure a clear approach, legal precision, and strategic insight. 

Do you need legal advice on a procurement or bid? Contact our specialists or consult our procurement desk for tailored services.