Procurement law

The process of tendering is giving many businesses a headache. An increasing bulk of directives, national regulations as well as a constant stream of case laws make the process a complex undertaking.

Besides governments, institutions such as schools and hospitals also engage in tendering. One even sees the field of procurement being applied to property and construction projects as well as the provision of services.

The regulations that apply to tendering processes are complex and elicit a great deal of questions. Yspeert assists with the preparing and conducting of tenders and provides advice and procedural assistance in this respect.  We also are involved in the provision of advice in relation to the submission of tenders for the procurement of contracts and concessions as well as related litigation, usually in the form of summary proceedings. With our knowledge and extensive practical experience in this field of law, we are able to provide you with a clear insight into all aspects of the tendering process and prevent you from being overwhelmed or faced with unpleasant surprises.

We can assist with, among other:

• The construction of a tender, including the tendering procedure (public & non-public), assessment of procurement;
• A review of tender documents under threshold value;
• A drafting & regulation check of selection criteria, award criteria & exclusion criteria;
• Assessment of tender documents against the Tender Guidelines, the Programme of Requirements and the Information Notice;
• Objection period or Alcatel period;
• Contract award decision and justification of the award;
• Difference between "strategic registration" and "manipulative registration";
• Legal protection of candidates and tenderers before and during the procurement process;
• Interim relief procedures;