Commissioning parties make it known that they wish to have an assignment executed by means of an invitation to tender, to which companies can respond by submitting a tender.
An invitation to tender is often necessary for government agencies (ministries, provinces, water authorities and municipalities), because their activities are financed by public law. For example, when the installation of landscaping and infrastructure, or the acquisition of copying machines are concerned.
An invitation to tender also raises questions, such as:
•Must the assignment be put out to (European) tender?
•When is there an obligation to issue a call for tenders?
•Which tendering procedure is the most suitable for bringing the assignment onto the market?
•How far in advance must the invitation to tender be set up, and which periods of time will apply?
Questions will arise during the procurement procedure for the procuring service providers (such as government agencies) as well as the tenderers such as:
•Does the tender fulfil the minimum requirements set?
•Are the eligibility requirements fulfilled?
•In which circumstances can a tender be added to?
•Is access to the tenders provided by other tenderers permitted?
AK Advocaten is a specialist in the field of invitations to tender, and in assisting government agencies as well as tenderers. Our specialists provide advice in the field of property and invitations to tender and, when necessary, frequently bring proceedings on behalf of either party.
In addition to advising in the field of invitations to tender, AK Advocaten also assists the procuring parties (such as government agencies) and tenderers during disputes (usually in preliminary relief proceedings) which arise as a result of procurement procedures. This concerns discussions regarding, among other things, the validity of the tender, defective argumentation in an award decision, incorrect application or explanation of selection or award criteria.
Would you like to know more about how AK Advocaten can assist you? We are looking forward to receiving your inquiry. Please send an email to us, or speak directly with one of our lawyers on the phone.
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