Public procurement law

We are experts in public procurement law

We provide top-tier advice to both contracting authorities, utility companies, and companies taking part in public procurement procedures (tenderers) on all aspects of public procurement law and contract law. We represent clients in public procurement law cases before The Danish Complaints Board for Public Procurement as well as the Danish courts.

We can help your business with both the practical, the strategic, and the legal issues around all types of public procurement procedures, also including the flexible forms of public procurement procedures such as negotiated procedures and competitive dialogue. Whatever type of process best suits your needs, we can help design and execute it.

We assist with public procurement procedures under any part of the public procurement rules, whether the procedure takes place under the Danish Public Procurement Act, the Danish Tender Act, the Utilities Directive, the Defense and Security Directive, the Concessions Directive, or the special rules for utility companies.

Assistance to contracting authorities and utility companies

We can help with all parts of the procurement process – both before, during, and after the public procurement procedure.

We help make sure that purchases and public procurement procedures are carried out in the most optimal manner possible. We do not just help ensure that the public procurement rules are complied with, but also with ensuring that the procedure is carried out as effectively and with as little time and resource consumption as possible. The goal is for the procedure to lead to the best possible result, both for your organization and for the tenderers.

We can help with:

Assessment of whether a public procurement procedure is required, including choice of legal basis for the procedure
Handling of in-house procurement and horizontal cooperation
Determining the strategy and timetable for the public procurement procedure
Carrying out preliminary market consultation
Drawing up tender materials, including tender conditions, specification of requirements, contracts, etc.
Carrying out public procurement procedures, including negotiations or dialogue meetings in connection with flexible procedure forms
Assessment of conditionality and evaluation of applications and tenders, including drawing up selection reports and award reports
Assessment of replacement possibilities among tenderers/applicants during the public procurement process, including replacement of consortium members and supporting businesses
Handling requests for access to file
Pleading complaint cases before the The Danish Complaints Board for Public Procurement and the Danish courts
Contract interpretation and contract management
Handling changes to existing contracts

We can also help contracting authorities and utility companies with their general public procurement law compliance and purchase optimization. We assist contracting authorities with devising general tender strategies, purchase and public procurement plans, and guidelines for purchasing and public procurement processes for the whole organization. We also offer training for employees within all areas of public procurement law.

Assistance to companies taking part in public procurement procedures (tenderers)

The public procurement rules are complex, and taking part in public procurement procedures can be challenging and can present a number of pitfalls. If an application or a tender is not drawn up in the right way, your company can miss out on the opportunity to win a valuable contract, and many hours of work on the tender for you and your colleagues can go to waste. This requires a lot from companies taking part in public procurement procedures.

We help companies taking part in public procurement procedures increase their chances of winning. We can help with:

Quality assurance of tenders and applications
Ensuring that applications and tenders live up to the requirements set out in the tender materials, including filling out the ESPD
Quality assurance of qualitative descriptions on which the contracting authority’s evaluation of the tender will be based
Advice on strategic pricing and prioritizing between quality and price in the tender
Dialogue with the contracting authority, including asking the right questions during the tender procedure or in connection with preliminary market consultation
Sparring on participation in negotiation meetings with the contracting authority etc. in connection with flexible public procurement procedure forms
Agreements with consortium members, supporting undertakings, and sub-suppliers, including ensuring that all public procurement law requirements in connection therewith are met

We can also help assess whether an agreement with a contracting authority can be entered into without a public procurement procedure so that the contract can be signed and you do not risk having the contract declared invalid.

After the public procurement procedure, we can help with contract interpretation and contract management. We can also help assess what possibilities there are for changing the contract without a new public procurement procedure.

We also advise on the possibilities for assigning public contracts in connection with mergers and acquisitions and other corporate restructurings.

We also assist with requesting access to file and with complaint cases before the The Danish Complaints Board for Public Procurement and the Danish courts.