PUBLIC PROCUREMENT

As procurement experts we advise clients on all aspects of public procurement and tendering. Our clients are mainly public authorities and entities such as regions, municipalities and utility companies, but we also advise private businesses as bidders for public contracts.

From start to finish
We advise on the choice of tender strategy and designing the procurement process. This includes identifying the possible use of technical dialogue with the market before issuing the call for tenders and the choice of the most appropriate type of contract, eg public-private partnerships (PPPs) or more conventional contracts for the provision of goods or services.

An important aspect of our services is focused on the actual tendering process. We assist clients in drafting contract notices to ensure that they are as flexible as possible in relation to the planned tender, while at the same time making sure that the right tenderers will submit bids for the contract.

We are also frequently asked to advise on and assist in writing the tender conditions, ie the legal framework for technical specifications, as well as social clauses and operative award criteria. In connection with the assessment of tenders we advise on suitable assessment models such as prose models and scoring systems.

We also handle critical issues relating to the prequalification stage and the submission of tenders with reservations, as well as the framework for legitimate technical clarifications and conducting negotiations with tenderers.

What if a complaint is filed
Complaints about the tender proceedings are not uncommon. We have extensive experience in handling complaints cases before the Danish Complaints Board for Public Procurement and at the courts, representing either contracting authorities or tenderers.

For example, we have successfully represented the contracting authority in the largest case that has been brought before the Complaints Board to date.

All types of contracts
Our assistance covers all types of public contracts, including contracts in the fields of building and construction, IT, healthcare, energy and insurance. Our expertise within construction and engineering is second to none.

We keep up to date 
We regularly arrange both general and customised procurement courses.

REFERENCES

Since 1994, we have been Metroselskabet’s sole legal adviser on all construction and procurement matters relating to the Copenhagen Metro, most recently in connection with the City Ring project (DKK 21 billion) and the Nordhavn branch line (DKK 2 billion).

In 2011-2012, we successfully represented Metroselskabet in the largest case brought before the Danish Complaints Board for Public Procurement to date. The case concerned the tendering of the City Ring contract (DKK 21 billion).

We advise the City of Odense on the tendering of contracts for Odense Light Rail (approx DKK 2.6 billion).

We assist the contracting authority in the calls for tenders for the construction of a new ‘mega-hospital’ (approx DKK 4 billion).

In 2012-2013, we advised a local authority on the tendering of a public-private urban development partnership project.

RANKINGS

See VILTOFT’s rankings here:
Legal 500 Ikon_link_light

MENTION IN LEGAL 500

VILTOFTs ‘intelligent, constructive, professional’ team provides ‘high-quality advice and support’ regarding EU tenders“ (2014)

“… highly experienced in legal issues relating to EU tendering.” (2012)

“… probably the leading firm in construction law and public procurement.” (2010)