News & Events
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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.
Procurement: What – How? | Submission of the European Single Procurement Document (ESPD)
Who must submit a European Single Procurement Document (ESPD)? At a minimum, the tenderer themselves. This seems obvious: the contracting authority needs to verify whether the tenderer meets the exclusion grounds and suitability criteria. Moreover, the ESPD contains essential information about the party that will become the contractor if the contract is awarded.
Procurement: What – How? | Standstill period in tenders applies only to bidders
Who must submit a European Single Procurement Document (ESPD)? At a minimum, the tenderer themselves. This seems obvious: the contracting authority needs to verify whether the tenderer meets the exclusion grounds and suitability criteria. Moreover, the ESPD contains essential information about the party that will become the contractor if the contract is awarded.
Procurement: What - How? | Freedom of choice in pricing
When submitting a price offer, bidders must comply with the contracting authority’s requirements. This means they must include all components that belong in the price. However, when bidders are given the option to determine how to fulfill a part of the scope themselves, the price for that part can vary in different ways. A practical example illustrates how freedom of choice within the scope led to a dispute over the validity of a bid.