Public Tenders
Tender Law offers expert assistance with government contracts in the broadest sense:
- Contract awards in the classic and special sectors, as well as in defense and security
- Contract awards at every administrative level (Belgian State, federal states, EU institutions, local, schools, hospitals, non-profit organisations, church factories, …)
- Works, supplies and services
- Contracts with all types of award methods and modalities (open or restricted procedures, negotiated procedures, joint contracts, framework agreements, etc.)
Experience with both the awarding and performance phases is essential for the successful realization of a government contract. Tender Law therefore specialised in both phases.
Our services in the area of the awarding phase include:
- Proofreading and improving tender documents and tenders
- Review of selection and award criteria
- Review and prepare a formal statement of reasons
- Assistance in the context of the regularity investigation
- Assistance with other specific questions, such as the signing of the tender, the European Single Procurement Document (ESPD), selection and award criteria, method of contacting the government, subcontracting, etc.
- Examination of the legality of an award decision and chances of success of legal proceedings
- Assistance in proceedings for suspension in cases of extreme urgency (for the Council of State) or in summary proceedings (for ordinary courts), or in proceedings for annulment
- Assistance in procedures for compensation for (alleged) illegal contracts awarded
- …
With regard to the performance of government contracts, our services include:
- Preparation of (responses to) letters and official reports of (alleged) defects during the performance of the contract
- Reviewing the desirability or necessity for provisional or definitive reception and the consequences thereof
- Assessing the legality of criminal sanctions for shortcomings during performance or late performance
- Assessing the legality of ex officio measures and providing assistance with the drafting of (responses to) letters and official records of such measures
- Assistance in negotiations in order to reach solutions outside legal proceedings
- Assistance with regard to claims for damages and in proceedings for compensation for (alleged) defective performance of an assignment
- Assistance with judicial expert investigations
- Assessing and motivating modifications during the performance of the contract (due to draft adjustments, unforeseen circumstances, replacement of the contractor or other reasons)
- …