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The role of public procurement officer is under constant change. The trend is towards design of intelligent procurement, process optimisation and buying groups. For public procurement officers this means larger, more complex and high-profile procurement processes, involving negotiation, competitive dialogue, PPI and framework agreements. For suppliers this changes the premises for participating in tender offers and for the contractual relationship with the public customer.

This poses great demands on legal advice. Public procurement officers must ensure compliance with the procurement tender rules while considering utilisation of the options available to optimise the process and the contract. For the supplier it becomes crucial to ensure compliance with the listed specifications and prepare an offer that matches the public procurement officer's criteria and requirements to the best possible extent. Eventually, it may be necessary to challenge the decisions made by the public procurement officer in the tender process. 

Our team is one of Denmark's largest and most specialised. We assist on all aspects of public procurement from the initial market tests and research to the design and choice of process type and criteria and drafting of the contractual basis. We also assist in any disputes that may arise. 

Regardless of the nature and complexity of the procurement, we provide strategic and operational solutions that consider the rules of procurement law and the commercial and practical aspects of the subsequent contractual basis. 

Our advisory services rely on experience gained from regularly advising numerous clients within national, regional and local government and partially public-owned enterprises as well as from extensive representation of suppliers in tender processes and disputes.

We can help
We are highly versed in the practical, strategic as well as legal part of the tender process. We have experience with all types of relevant public procurement, and we are specialised in particularly complex and agile contracts such as procurement of IT services, concessions, PPP and PPC. We advise clients in all industries and have particularly extensive experience from utilities, defence procurement, foods, waste and infrastructure. Here we render advice on procurement projects subject to either the Danish Public Procurement Act (udbudsloven), the Danish Act on Tendering Procedures for Work Contracts (tilbudsloven) or the Defence, Concession or Utilities Directive.

Our advisory services include:

  • Market research
  • Investigation of duty to invite tenders, including choice of regulatory framework
  • In-house issues and horizontal working relationships
  • Determination of tender strategy and drafting of tender plans 
  • Conducting tender procedures, including negotiations
  • Drafting of tender documents 
  • Evaluation of tenders received, including conformity with specifications 
  • Project management 
  • Contract drafting 
  • Access to documents 
  • Submission of tenders and quality assurance
  • Cases before the Danish Complaints Board for Public Procurement and the courts. 

We also render procurement law advice in connection with business transfers and privatisation.

To ensure all aspects of our legal advice, when relevant we involve specialists from our other areas of expertise, such as Real Estate & Construction, Public Law & Administration, Infrastructure, IT & Digitisation and Financial Analysis.

Procurement

Competition & European Law

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What the team is known for
Impressive competition law practice covering complex merger filings, compliance and contentious cases. Has notable experience in a range of industries, including transport, manufacturing, construction and waste. Also represents municipalities and government entities in national public procurement cases. Highly active in the media and broadcasting sector, advising clients on European Commission investigations and claims for damages before the High Court and Supreme Court.

Strengths
One client says: "The team produces concise and well-written work under severe time constraints and displays outstanding business acumen."

Work highlights
Acted for Boeing on procurement matters, including representation in a lawsuit related to the procurement of supplies against the Danish Ministry of Defence.

Notable practitioners
Claus Berg regularly advises construction industry clients on public procurement issues and contractual matters.

Jesper Kaltoft regularly represents clients in tendering and procurement mandates, merger filings and competition investigations.

Peter Stig Jakobsen principally represents clients in significant procurement matters, including handling tender procedures for projects, as well as European Commission investigations and claims for damages. One client says: "Every time I reach out he delivers high-quality advice right away."

Simon Evers Kalsmose-Hjelmborg advises clients on procurement issues. He currently serves as managing partner of Bech-Bruun.

Tina Braad is a well-regarded public procurement lawyer who handles both contentious and non-contentious matters in the construction sector. "She knows everything that is worth knowing about public procurement law," an impressed market source says.

 

Chambers and Partners Europe, Competition/European Law

EU & Competition

Ranked: tier 1

With experience in contentious and non-contentious matters, Bech-Bruun's practice handles EU and competition, public procurement and state aid mandates for a client roster of contracting authorities, corporations and utility companies. Recent work for contracting authorities includes advising on the obligation to tender, the development of tender strategies, drafting tender material and contracts and implementing tenders; the group also advises businesses participating in tender processes on compliance with suitability requirements and the conformity and optimisation of tender bids. Group head Peter Stig Jakobsen primarily represents clients in cases before the European and Danish courts. Michael Honoré departed to establish Michael Honoré Advokatfirma in early 2019.

Legal 500, EU and competition

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