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
Bech-Bruun is an impressive competition law practice covering complex merger filings, compliance and contentious cases. The law firm has notable experience in a range of industries, including aerospace, manufacturing, construction and waste. The legal team also represents municipalities and government entities in national public procurement cases. The department is 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.

Work highlights
Assisted the City of Copenhagen and Ejendomsfonden Vandkulturhuset Papirøen in relation to a complaint brought before the Public Procurement Complaints Board by NIRAS.

Notable practitioners
Anders Birkelund Nielsen enters the rankings as a result of strong feedback. He is active on a range of public procurement mandates.

Claus Berg is a notable market presence who is particularly active in public procurement mandates on behalf of clients in the construction and infrastructure industries.

Jesper Kaltoft is active on a broad array of tendering and procurement mandates, offering clients additional support in merger filings and competition investigations.

Head of department Peter Stig Jakobsen represents clients in a range of competition matters, including handling tender procedures for projects, as well as European Commission investigations and claims for damages.

Tina Braad is a well-regarded public procurement practitioner who handles both contentious and non-contentious matters in the construction sector.

Chambers and Partners Europe 2022, Competition/European Law

EU & Competition

Ranked: tier 1

Bech-Bruun represents both domestic and international clients before the Danish regulatory bodies and the EU Commission. Its competition team works with a broad range of industry clients and has a strong track record in handling major public procurement mandates, including contentious procurement proceedings. The group has several public procurement law specialists, including practice head and experienced litigator Peter Stig Jakobsen and Tina Braad, who handles cases before the Danish Complaints Board for Public Procurement.

Specialised and very huge knowledge of all legal areas with EU competition law.

The collaboration, people and flexibility have been and are outstanding.

The knowledge of our business and needs. It provides quick and good answers to our challenge and at an acceptable price.

Legal 500, EU and competition

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