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? | onfidentiality 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.
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.
Alexander Klein Hofmeijer in ENTRNCE webinar on energy contracts and procurement alternatives
How can public organizations handle expiring energy contracts without immediately launching a new procurement procedure? In this ENTRNCE webinar, Alexander Klein Hofmeijer shares his legal insights into alternative procurement routes. Many public entities assume a new tender is the only option—but that isn’t always the case.
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.
Course on design responsibility at Ballast Nedam
Our specialists Gert Weerheim, Daan Timmerman, and Ines Blomsma delivered a course on design responsibility at Ballast Nedam in Nieuwegein. During the course, the six key success factors for designing contractors were discussed. Read on for the essential insights.
Brackmann continues growth with the appointment of Ines Blomsma as of June 1, 2025
As of June 1, 2025, Mr. Ines Blomsma will join Brackmann as an attorney. With her extensive experience in litigation and a strong focus on construction and real estate law, Brackmann is further expanding its construction practice with Ines. She previously worked at, among others, Pels Rijcken, Loyens & Loeff, and Köster Advocaten. We spoke with her about her decision to join Brackmann and her vision for the profession.