News & Events
Stay informed with the latest news in area development, construction and procurement law. Explore updates, insights, and events we are involved in.
Procurement: What – How? | Transparency vs. commercial interests in public procurement
Transparency is a fundamental principle of procurement law. But what if the contracting authority, in the course of a procurement procedure, makes use of documents originating from third parties that are subject to intellectual property rights (IP rights)? For instance, a scoring methodology where the third party insists that, for reasons of rights and commercial interests, the underlying formulas must not be disclosed?
Procurement: What – How? | Confidentiality declarations in procurement: the assessment criteria
Article 2.23, paragraph 1, sub e of the Dutch Public Procurement Act provides the possibility to declare a procurement procedure confidential. In practice, this provision is rarely applied, resulting in limited case law. Recently, the District Court of The Hague issued a ruling concerning this article, clarifying the criteria against which a confidentiality declaration must be assessed.
Procurement: What – How? | Beware of vague reference requirements
Be cautious when formulating reference requirements. Without realising it, you may unintentionally include ambiguous conditions – and that can be fatal to your procurement process. For example, the term "properly" in a reference requirement recently became the subject of legal discussion. The preliminary relief judge ruled that, as a result, the procurement had to be halted.
Procurement: What – How? | Transparency in Tender Amendments
Amending a contract during a tender procedure often leads to headaches. What exactly can you change – and how should you go about it? In a recent and highly relevant ruling, the preliminary relief judge in Rotterdam addressed the key question: to whom must a change be disclosed?
Recent judgment | What does the ruling from the municipality of utrecht teach us about contract terms and amendments?
Is a client allowed to terminate the agreement if a contractual deadline is not met on time and an extension would constitute a material change? The Arnhem-Leeuwarden Court of Appeal rules that they are.
Post-HBO Course 'Procurement & Tendering'
Course on Purchasing & Tendering at Conducto, with Alexander Klein Hofmeijer.
Post-HBO Course 'Procurement for Specialized Sector Companies'
Course on 'Procurement for Specialized Sector Companies' at Conducto, with Joris Bax.
Post-HBO Course 'Procurement for Advanced Learners'
'Procurement for Advanced Learners' course at Conducto, with Alexander Klein Hofmeijer.
Post-HBO Course 'Practical Contract Management'
Course on 'Practical Contract Management' at Conducto, with Joris Bax.
Post-HBO Course 'Procurement & Tendering'
Course on Purchasing & Tendering at Conducto, with Alexander Klein Hofmeijer.