Procurement

Our expertise includes:

  • Investigation of duty to invite tenders
  • Tender strategy
  • Conducting tender procedures
  • Contract documents
  • Evaluation of tenders received, including conformity with specifications to tenderers
  • Project management
  • Contract drafting
  • Right of access to documents
  • Submission of tenders and quality assurance
  • Cases before the Danish Complaints Board for Public Procurement and the courts

How may we help?
We handle practical, strategic and legal aspects of tender procedures for our clients.

We have a strong reputation in the interface between contract works and procurement as well as within Public Private Partnerships (PPPs) and Public Private Cooperations (PPCs). Our experts within those fields render advice to public authorities and businesses on procurement projects subject to either the Danish Public Procurement Act (udbudsloven), the Danish Act on Tendering Procedures for Work Contracts (tilbudsloven) or the Utilities Directive. We also render procurement law advice in connection with business transfers and privatisation. In addition, we assist tenderers, performing quality assurance of tenders and ensuring that they fulfil the formal requirements and comply with the instructions to tenderers.

Challenges
Several rules and regulations must be complied with when organising and conducting tender procedures. The Complaints Board for Public Procurement enjoys considerable powers, and the Board plays an important role in the enforcement of the procurement tender rules.

Still more complaints cases are currently brought before the Complaints Board and the courts, and businesses as well as public authorities require specialist advice to conduct such cases. Bech-Bruun is one of the Danish law firms conducting the highest number of cases before the Complaints Board for Public Procurement. 

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Our ratings

Chambers and partners

Chambers Europe Rating 2018
-  Competition and European Law

What the team is known for Market-leading competition law practice covering complex merger filings, compliance and contentious cases. Its lawyers have notable experience in a range of industries, including transport, media, broadcasting and waste. Also represents municipalities in national public procurement cases. Highly active in the energy and renewable energy markets, handling both competition and procurement mandates related to the sector.

Strengths One client praises the department's "very good organisation and a high level of communication," and adds that "they are flexible and there for the client." The same client concludes: "In the area of competition law, they are leading the pack in Denmark."

Interviewees also highlight the firm's "great knowledge of the relevant fields" when handling procurement matters and describe the firm's overall approach as "efficient and service-oriented."

Work highlights Advised Boeing on projects regarding the procurement of supplies to the Danish Ministry of Defence.

Acted for Danfoss on merger control filings relating to its acquisition of Sondex Holding.

Notable practitioners
Managing partner Simon Evers Kalsmose-Hjelmborg is an expert on EU law and a broad range of competition law matters. He is also known for his abilities in public procurement and litigation.

Peter Stig Jakobsen is described by clients as a "good communicator" who is "very passionate about his cases." Particularly well regarded for his activity in contentious matters and competition litigation, he handles both competition law and public procurement mandates. He recently represented Skou Gruppen in a criminal case regarding the violation of competition law following a dawn raid.

Claus Berg is a notable figure in public procurement law who also frequently handles contentious matters relating to procurement in infrastructure and construction projects. His "grasp of construction sector cases" and "knowledge of local authorities" is particularly highlighted by sources.

Tina Braad is a procurement law specialist, assisting a client base predominantly emanating from the public sector. She is experienced in complex tender contracts and procurement processes.

Jesper Kaltoft is favoured by clients for the commercially minded approach he takes to competition matters, with one reporting that he is "very good at understanding complex business matters and at putting himself in our position," adding: "He really understands the commercial side." His expertise includes distribution law, merger control and other EU law issues.

Michael Honoré is well regarded by both peers and clients for his abilities in state aid work. Sources also highlight his litigation skills and his "good understanding of EU legislation and the rules of the EU courts." He defended Energinet.dk against a complaint made to the EC of alleged illegal state aid, as well as a related action for damages brought against the client in the Danish courts.

Chambers and Partners Europe, Competition/European Law

Bech-Bruun Recommended by Legal500

Legal500 Rating 2018
-  EU and Competition

Bech-Bruun’s ‘very reliable, professional and competent’ competition team is ‘among the best in the country’. Led by ‘incredibly determinedPeter Stig Jakobsen, the nine-partner team regularly acts for private and public sector clients in competition law proceedings and state aid matters. Jesper Kaltoft handled the merger control for Danfoss in the Sondex acquisition. Michael Honoré is recommended and Anne Bergholt Sommer was made partner.

Legal 500, EU and competition

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