Procurement
Because they have to contend with a range of challenges and developments, contracting authorities and tenderers need to adopt a discerning, strategic approach at every stage of the procurement process, from the acknowledgement of a tendering obligation to an exploration of opportunities for collaboration. Here legality and proportionality play a key role, as does the need to effectively address objection and summary proceedings. It is essential for tenderers to be aware of their rights and to participate appropriately in the procurement process, as even a minor mistake can have major consequences (their exclusion, for example).
Grid managers and the energy transition
Acting in collaboration with the government, grid managers play an essential role in the transition to sustainable energy. While doing so, they are required to comply with specific procurement standards which apply in the case of special sector companies. Options are also available to establish collaborative ventures in the absence of any procurement obligations. By way of example, grid operators may choose to acquire a participating interest in a heating company under the Collective Heating Act [Wet Collectieve Warmte] or to execute contracts for or together with other grid operators.
Procurement in the social domain
When procuring healthcare, municipal councils are required to comply with the Public Procurement Act [Aanbestedingswet], as well as with the specific procurement regulations that apply within the social domain, such as the duty to charge realistic rates. It is for this reason that municipal authorities (acting on their own or together with others) require appropriate legal assistance and expertise for the purposes of procurement and tendering in the social domain. This is relevant, for instance, when tendering documents are drafted or a defence of a decision to award a contract is raised in summary proceedings.
Healthcare providers also have to contend with procurement legislation. The principles of transparency and equality apply in the case of procurement procedures on the part of non-contracting authorities (such as health insurance companies and general hospitals). Healthcare providers consequently require effective support when preparing quotations, drawing up questions in the course of procurement procedures, defending a decision to award a contract in summary proceedings or setting realistic rates.
Land sales and scarce rights (‘Didam’)
When issuing rights, such as licences, permits or subsidies, or selling land, public authorities are required to call for tenders, so as to ensure that all prospective buyers have an equal chance of securing a contract. This follows from the case law of the Administrative Law Division (scarce rights) and the Supreme Court (the 'Didam judgment’ concerning the sale of land).
Dirkzwager's procurement team advises pubic authorities and economic operators on the issue of public land and the allocation of scarce rights. Our legal advisers offer their help for the purposes of arranging issuance procedures, including the grounds for them, and offer support and legal assistance in disputes involving them (in summary and substantive proceedings).
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