Procurement law

Procurement law determines the context for governments and public organisations posting and purchasing of assignments. It is important for procured services that the procedures are transparent, proportional and non-discriminatory, so all parties have equal opportunity. The regulations regarding this is complex and constantly evolving, with changes to both the European procurement rules and the Dutch Procurement Act 2012 and the Procurement Act in respect of defense and security. Nysingh supports contracting authorities, including central and local governments, independent governing bodies and UMCs, but also tenderers in applying this legal framework in a careful and targeted manner. Our advice is practical, clear and aligns with daily practice.

“Successful tenders require knowledge beyond the law: this concerns strategic insight, risk management and practical advice that is directly applicable.”

Ingrid van den Berge

Attorney at law, Partner

Procurement law lawyers

Our lawyers can guide you through all stages of the tendering process. They provide advice on legal risks, subsidies, ICT and other contracts and procedures, and make sure that decisions and documents are compliant with the current laws and regulations. Should any disputes arise, they act diligently and with purpose. The team provides advice on and litigates on all stages of a tender and has ample experience regarding:

  • The drafting and assessment of tender documents;
  • The testing of situations in relation to exceptions under procurement law (exteme urgency, quasi-inhouse, horizontal cooperation, the lack of competition due to technical reasons);
  • The provision of assistance for tenders in the healthcare sector and for governments;
  • Acting as counsel in preliminary relief proceedings and proceedings on the merits;
  • Providing strategic advice for tender risks.

Our lawyers combine deep-seated knowledge of procurement law with practical experience in the sectors you are active in, so the advice we provide is always in line with the context of your organisation.

Expertise and authority

Procured services relate to the various obligations regarding the preparation of tenders, the assessment of registrations and the conclusion of contracts. Our lawyers follow these developments closely, and provide advice on the correct application of both European and Dutch procurement rules. The procurement team regularly publishes articles in journals, annotations and opinions, arranges training through Grotius Academy and the VU university procurement programme and is active within the Association for Procurement Law.

Our procurement law services

Purchasing strategy and tendering process

We provide advice to procurement services regarding the obligation to put out a tender, the designing of tendering procedures and the drafting of tender documents. This regards the formulation of requirements, selection and award criteria, publications and the drafting of summaries of additional information, rejection and award letters.

Contractual terms

We provide support regarding the development and assessment of framework or other agreements and purchase conditions, tailored to the field of healthcare and public tasks.

Legal disputes

If a tender or purchasing process leads to objection or legal proceedings, we assist procuring services and purchasers. We analyse the risks, review documents and provide advice on legal defensibility. This way, you prevent disputes and your process is sure to meet the principles of equality, transparacy and proportionality.

Compliance & risk management

We identify and assess the risks of private tender awards, incomplete or incorrect documentation and possible violations of the procurement principles of equality, transparency and proportionality. We then provide advice on how the assignment is legally defensible and how it can be structured in a legally valid manner.

Markets: government, healthcare and companies

We focus on governments, healthcare institutions, UMCs and companies. We provide advice on the full tender process: from strategy to award and rejection letters. For companies, we mainly act in case support is needed in the registration process and we assess rejection decisions, for reasons including to determine whether the requirements or criteria were disproportional.

Your legal partner

Nysingh distinguishes itself through a combination of legal expertise, an understanding of the sector and an integral approach. If necessary, we engage specialists in the field of state support, subsidy law, ICT law, contract law, property law or notarial matters, so you have one singular point of contact and keep a full overview. Our practical experience and strategic insight make us a reliable partner for advice, preparation, support and disputes, providing tailored services that align with your organisation and objects.

Contact our specialists

If you have any questions about an ongoing or future tender, or you want to know how you can manage your risks or prevent disputes, please contact our procurement law specialists and see how we can support you.

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Our specialists

Ingrid van den Berge

Attorney at law, Partner

Vanessa Jasarevic

Attorney at law

Mirthe Visser

Attorney at law

Miro Verschoor

Attorney at law