For entrepreneurs and contracting authorities wishing to win a contract or lawfully put it on the market.
Public procurement law determines how public authorities and other contracting authorities put contracts for works, supplies, and services on the market — and the rules of the game that apply to those submitting bids. Our lawyers and in-house counsel assist both international corporations and local entrepreneurs: from drafting a winning bid to summary proceedings against the award decision. Practical and legally astute.
Attorneys and in-house counsel specializing in procurement law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: tendering, awarding, objection, and summary proceedings.Practical specialist legal assistance for entrepreneurs.
Specialist advice on public procurement law from €155 per hour excl. VAT.Clarity on the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Public Procurement Law
Public procurement law determines how public authorities and other contracting authorities put contracts for works, supplies, and services on the market — and the rules of the game that apply to those submitting bids. Our lawyers and in-house counsel assist both international corporations and local entrepreneurs: from drafting a winning bid to summary proceedings against the award decision. Practical and legally astute.
Public procurement obligation
Does a tendering obligation apply, and what procedure is associated with it? Our lawyers and (corporate) legal experts assess this on a case-by-case basis, for contracting authorities and for entrepreneurs wishing to participate.
With our broad expertise in procurement law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. Our services are characterized by high quality, reliability, and in-depth specialization.
Whether a public contract must be tendered at the European level depends on the threshold amount. We assess cost estimates, the prohibition on splitting, and the choice of procedure — for contracting authorities and businesses, from international corporations to the baker on the corner.
A private tender falls outside the scope of the Public Procurement Act 2012, but anyone setting up a tendering process can still commit to the principles of equality and transparency. We keep your contractual freedom intact or protect your position as a tenderer.
Public procurement law governs how public authorities, semi-public authorities, and other contracting authorities put contracts for works, supplies, and services on the market. The rules are set out in the Public Procurement Act 2012, which transposes the European procurement directives, and are further elaborated by the Proportionality Guide and the Works Procurement Regulations (ARW 2016). Central to this are the principles of equal treatment, non-discrimination, transparency, and proportionality (Articles 1.8 to 1.10 of the Public Procurement Act 2012).
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — whether you want to win a contract or, as a contracting authority, structure a procedure lawfully.
Is European tendering required? Threshold amounts
Whether a contract must be tendered at the European level depends on the estimated value and the type of contract. If that value exceeds the European threshold amount, Part 2 of the Public Procurement Act 2012 applies. For the period 2026–2027, the following apply, among others: works €5,404,000, supplies and services for the central government €140,000 and for decentralized authorities €216,000 (amounts excluding VAT). Below the threshold, national rules and the Proportionality Guide apply. Artificially splitting a contract to stay below the threshold is prohibited. You can read the current amounts on our threshold amounts page
Register: the winning, valid registration
A good bid starts with carefully reading the tender documents. Do you meet the grounds for exclusion and suitability requirements (Article 2.86 et seq. of the Public Procurement Act 2012)? Are the award criteria clear and does your offer align with them? We assess the validity of your bid, help clarify ambiguities in a timely manner via the Memorandum of Information, and prevent you from failing due to a formal error. If you are working together in a consortium or with a subcontractor, document this properly; a subcontracting agreement excludes risks between you and your partner.
The award decision and lodging an objection
Following the assessment, the award decision is issued, which must be properly substantiated: you are entitled to the relevant reasons and the characteristics and benefits of the winning tender (Article 2.130 of the Public Procurement Act 2012). If you have been rejected and you believe the assessment is incorrect, you must act quickly. From the date of the award decision, there is a standstill period of at least twenty days (the Alcatel period, Article 2.127 of the Public Procurement Act 2012) during which you may appeal. If you wait too long, you forfeit your rights.
Summary proceedings and legal protection
Objections to an award decision are typically handled through summary proceedings before the civil court. The contracting authority may not yet conclude the contract at that stage. Please note the Grossmann doctrine: you must report objections to the tender documents proactively and in a timely manner; otherwise, you forfeit your right to revisit the matter later. We objectively assess your chances, prepare the summary proceedings, and litigate where necessary — legal representation is mandatory for litigation, and we have one on staff.
Modification of the contract after award
An awarded contract may not simply be substantially modified; a substantial modification generally necessitates a new tender (Articles 2.163a to 2.163g of the Public Procurement Act 2012). Additional or reduced work, extensions, and the engagement of a new party also have limits. We advise contracting authorities and contractors on what is still permissible within the rules, ensuring that a modified contract does not ultimately fail.
Procurement law for SMEs and corporations
The top end of the market often focuses on large corporations and contracting authorities. We do not: our mixed team of lawyers and in-house counsel assists both the international corporation and the baker around the corner bidding for a municipal contract for the first time. Accessible and practical, yet legally sharp — without unnecessary jargon and with a clear path to your goal: winning the contract or putting it out to tender lawfully.
Is the government acting as the opposing party?
Public procurement often touches upon the broader scope of administrative law: subsidies, permits, and government decisions. For disputes with the government outside of the procurement itself, please visit our administrative law. This page focuses on the procurement procedure: bidding, awarding, and legal protection.
What we help with
From assessing tender documents to summary proceedings against the award — our lawyers and legal experts support bidders and contracting authorities in every area.
Assessing tender documents, grounds for exclusion, and suitability requirements
Drafting and evaluating a valid, winning entry
Submit questions via the Memorandum of Information and report objections in a timely manner (Grossmann)
Objection to the award decision and the duty to provide reasons (Article 2.130 Public Procurement Act 2012)
Summary proceedings before the civil court within the standstill period (Article 2.127 Public Procurement Act 2012)
Assessing whether European tendering is required and advice on threshold amounts
Establishing lawful procedures for contracting authorities
Combinations, subcontracting and modification of the contract after award
When do you engage this team?
In tenders, every day counts: deadlines are short and fatal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is wise.
You wish to register and are unsure whether you meet the requirements
In procurement law, the documents and time limits determine the outcome. Before we lodge an objection or initiate summary proceedings, we map out the tender documents, the evaluation, and the ongoing standstill period. In this way, we choose the route—a specific question, a complaint, or summary proceedings—that best serves your interests and keeps your chances of securing the contract intact, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss the assignment, your position and your goal, and the deadlines involved.
2
Analysis
We assess the tender documents and the evaluation against the Public Procurement Act 2012 and the Proportionality Guide.
3
Strategy
We choose the route — registration, a question, a complaint, or summary proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We handle everything: from drafting your application to litigating in summary proceedings.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Public Procurement Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of public procurement law. In addition, they have specialized in one or more areas of focus within public procurement law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about public procurement law
The questions that entrepreneurs and contracting authorities ask us most often.
How much time do I have to object to an award?
From the date of the award decision, a standstill period of at least twenty days applies (the Alcatel period, Article 2.127 of the Public Procurement Act 2012). Within that period, you must in principle initiate summary proceedings; after that, the contracting authority may conclude the contract and your options are limited. Therefore, do not wait.
From what amount is European tendering required?
That depends on the type of contract. For 2026–2027, the following apply, among others: works €5,404,000, supplies and services for the central government €140,000, and for decentralized authorities €216,000 (excluding VAT). Above that threshold, Part 2 of the Public Procurement Act 2012 applies; below it, the national rules and the Proportionality Guide apply.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, reviewing documents, drafting your application, and filing an objection, an in-house counsel is often sufficient. For summary proceedings before the civil court, a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.
Can a contracting authority simply set the requirements?
No. Requirements and criteria must be proportionate, transparent, and non-discriminatory (Articles 1.8 to 1.10 of the Public Procurement Act 2012 and the Proportionality Guide). If you consider a requirement to be disproportionate, report this in a timely and proactive manner via the Clarification Note; if you fail to do so, you may forfeit your right (Grossmann).
Can an awarded contract be modified later?
Limited. In principle, a substantial modification necessitates a new tender (Articles 2.163a to 2.163g of the Public Procurement Act 2012). Minor modifications, foreseeable options, and certain increases may be permitted. Have a modification assessed in advance to prevent an invalid contract.
Is procurement law also for small business owners?
Yes. We help both international corporations and the local entrepreneur competing for the first time. Especially for SMEs, a valid, competitive bid makes the difference between winning and being eliminated due to a formal error.
Discuss your situation with a procurement law specialist.Our procurement lawyers and legal experts help both large companies and small business owners—and both bidders and contracting authorities. Schedule a meeting and, in view of current deadlines, know where you stand within a single session.
