The International Procurement Post - Summer 2024

Brought to you by the International Public Projects and Procurement Group at Bird & Bird.

Updates from our jurisdictions

Can the contractor be compensated for the loss of opportunity to participate in the public tender?

In a significant decision, the Polish Supreme Court has ruled that a contractor can be compensated for the loss of opportunity to participate in a public tender due to incorrect information supplied by the contracting authority. This landmark ruling, which could have far-reaching implications for similar cases, paves the way for a more contractor-friendly approach in public tender procedures. Contracting authorities are now advised to be even more diligent in ensuring the accuracy of the information they provide. In our article we discuss the case of a contractor's right to compensation for loss of opportunity to participate in a public tender and compare approaches across Poland, Germany, France, Belgium, The Netherlands, United Kingdom, Denmark and Italy. 

Read the full story

For more information contact Tomasz Zalewski, Julita Hoffmann or Karolina Kacprzak. 

Updates from our jurisdictions

Denmark

The extent of a contracting authority's duty to investigate and the scope of The Public Procurement Directive Article 57, 4, litra c

In a ruling on June 21, 2024, the Danish Complaints Board for Public Procurement (The Complaints Board) defined the extent of a contracting authority's duty to investigate and the scope of the exclusion ground concerning misconduct, which renders the economic operators’ integrity questionable, as outlined in article 136, no. 4 of the Procurement Act. This provision implements Article 57, section 4, litra c of The Public Procurement Directive, with the modification that the exclusion ground is mandatory in Danish procurement procedures.

Read the full story

For more information contact Thomas Thorup Larsen or Tina Johansen.

Germany

German jurisprudence: The mere suspicion of non-compliance with performance obligations is not sufficient for exclusion from the award procedure

In the event of deviation from special conditions for the performance of the public contract, exclusion is possible due to changes to the tender documents. A mere suspicion of facts that justify exclusion from the award procedure is not sufficient. In principle, full conviction is required. It is not possible to consider any findings classified as confidential or secret that were not submitted to the recognising procurement tribunal in the review procedure. 

Read the full story

For more information contact Dr. Benjamin Wübbelt or Victoria Topoll.  

The Netherlands

Procurement Law and Deadlines in IT Projects

Circumstances during the execution of contract may change. This is particularly relevant for contracts within the technological field or other fast-moving sectors. It is important for contracting authorities to remain alert for material changes when responding to changing circumstances. Our article provides a brief overview of the ruling by the Dutch court of Rechtbank Midden-Nederland that offers insight into how these questions should be answered. 

Read the full story

For more information contact Janneke Kohlen or Mariam Ali. 

United Kingdom

The New UK Government: A Guide to Engaging with Public Bodies

On 5 July 2024 the UK had a change in Government, and we are now in the third month of the UK's new Labour Government. With any change of Government, there is generally a drive “to get things done” and to be able to point to tangible actions within the first 100 days in power. In many cases, procurement is where policy meets reality, and this will be no different for the Labour Government. For the Labour Government to achieve its five missions it will require a significant amount of procurement and support from the private sector. This article discusses some of the main points organisations should consider when engaging with the public sector. 

Read the full story

For more information contact Stuart Cairns or Tom Ward. 

Challenging Decisions Under The Procurement Act 2023 - The Changing Landscape

The Procurement Act 2023 comes into force on 28 October 2024. In our article we look at key points relating to challenges to contract awards under the Act. 

Read the full story

For more information contact Jeremy Sharman or Rachel Glass.

Events

UK: The Procurement Act 2023: key changes and opportunities for suppliers into Government

The Procurement Act 2023 is set to come into full effect on 28 October 2024. We’d be delighted if you would join our webinar on 25 September from 9-10am BST where we will provide an overview of the key changes and opportunities for you as suppliers to your Government clients.

In the webinar we will cover:

• The procurement objectives;
  
• Procurement procedures;
  
• MEAT to MAT award criteria;
  
• KPIs;
  
• Exclusion and debarment;
  
• Modification of contracts; and
  
• Direct award.

Find out more and RSVP here