Procurement processes are highly complex and require experience and extensive knowledge of the relevant regulations.
Public Procurement
Elmann assists both public contracting authorities and private companies in connection with the implementation of public projects, EU tenders and the submission of tenders. Our advice includes general guidance on public procurement law as well as specific guidance on the conduct of tenders in EU and/or national tenders.
Contracting Entities
Advice on Public Procurement Law
Elmann provides legal advice covering the individual elements in, and may take on full responsibility for, the actual preparation and issuance of tenderss.
- Choice of form and forum for tendering
- Preparation and quality assurance of tender documents for EU tenders and , advertisements and calls for tenders. This includes preparation and quality assurance of contracts and tender specifications.
- Carrying out eligibility assessment and prequalification of bidders
- Legal quality assurance of tender specifications
- Coordinating the reception of bids and carrying out the clarification procedure
- Bid evaluation and marking and pricing of any reservations
- Conducting the question/answer phase, negotiations, or similar activities
- Preparation and publishing of an evaluation report, with justification of the award
- Legal advice in relation to external and internal contract management
- Notification of bidders and preparation of explanatory memoranda to bidders concerning the award of the contract
- Discussions and handling of complaints
Particularly in relation to municipalities and municipal companies, our advice also includes the limits of municipal power and the organization of the municipal decision -making process in relation to the specific case, municipal tenders, and sales of real estate.
Courses and Knowledge Sharing
Elmann also offers tailor- made courses on public procurement law.
Topics may include:
- “Brush-up” on procurement law for new or experienced employees
- Flexible forms of procurement under public procurement law: functional procurement, “light regime”, dynamic purchasing system, dialogue with the market, negotiated/competitive dialogue.
- Thresholds and the rule regarding partial bids
- Evaluation methods
- Completion and management of the European Single Procurement Document, ESPD.
- Cooperation with the bidder after the end of the tendering process.
Information for Bidders
Legal advice
Advice includes:
- Quality assurance of your bid documents to avoid your being declared non-compliant.
- Managing the bidding process. You provide the bid document, we set everything up and make sure all the necessary annexes, including the ESPD, are completed and attached.
- Discussions and handling of complaints
Bidding processes are complex and require experience and an in-depth knowledge of the rules. Elmann has the experience and expertise to assist and ensure that dialogues and negotiations are established and conducted professionally.
Regulations regarding Government Support
The law regarding government support is likewise a complex area in which legal expertise is required. Elmann’s Public Business and Administration department has the expertise to resolve the government support related challenges faced by public authorities, public companies, and private companies alike.