News & Events

Review of the seminar on special sector companies

Last week, Brackmann hosted an inspiring seminar on procurement law for the special sectors, with a focus on Part 3 of the Public Procurement Act. Pieter Smid, Sven Saric, and Roel Snel guided the participants through the scope of this part of the Act and the flexibility it offers in procurement.

Profile: Daan Timmerman – bridge-builder in construction law

Active as a lawyer since: 1997
At Brackmann since: 2025
Role: Lawyer – Partner

Procurement: What – How? | When can you split contracts – and when not?

The Dutch Public Procurement Act contains many rules on estimating the value of a contract (Article 2.13 et seq. PPA). None of these rules is as well-known as the prohibition on unlawfully splitting a contract (Article 2.14 PPA).

The Brackmann German Desk is now live!

Procurement: What – How? | The Didam Rulings versus Public Procurement Law

The Didam ruling has been a ‘hot topic’ for some time. But how does that ruling relate to public procurement law? After all, both ‘legal domains’ concern the creation of competition over scarce ‘rights’.

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.