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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, media, broadcasting and waste. Also represents municipalities and government entities in national public procurement cases, with the Ministry of Foreign Affairs of Denmark as a recent client win. Highly active in the energy and renewable energy markets, handling both competition and procurement mandates related to the sector.

Strengths
Interviewees highlight the expertise of the group, commenting: "They are extremely knowledgeable about competition and European law matters."

Notable practitioners
Claus Berg stands out for his substantial experience in public procurement, with particular knowledge in the construction sector. One source sees him as a "very bright lawyer," and another values that he is "easy to work with."

Jesper Kaltoft concentrates on competition law and is frequently mandated on merger control issues. Interviewees remark that he has "good knowledge of the area." He also assists with procurement procedures.

Considered "a passionate litigator," Peter Stig Jakobsen is known for his experience in dealing with contentious public procurement issues and competition cases concerning vertical and horizontal monopoly. "He has incredible persistence," says an observer.

Simon Evers Hjelmborg is the managing partner at the firm. His areas of specialism lie in mergers, damages proceedings and complaints. Interviewees stress that "he quickly understands the clients' needs and challenges and is fast in developing solutions."

Tina Braad is known for her expertise in an array of public procurement mandates. Interviewees highlight that "her skills are very good, she is easy to understand and good at complex matters."

Chambers and Partners Europe, Competition/European Law

EU & 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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