Leyla Bozkurt is an experienced lawyer in the field of European and Dutch procurement law. Leyla represents both tenderers as contracting authorities.
Leyla critically acts as a sounding board for companies: may a contract be put out to private tender? May the tender procedure be influenced and, if so, how? Is it permitted to gear the tendering procedure towards a single market party? Such questions arise if tenderers disagree with the choices made by a contracting authority. Regardless of whether a private or a European or national tender procedure is involved, these are questions that call for proactive complaints or objections by candidates or tenderers, in light of the risk of forfeiture of rights. The same applies to an invalidation or rejection decision, but also to (material) changes made to contracts already awarded. Legal protection of market parties is only possible when questions are raised or complaints are filed, and if the answer is unsatisfactory, when an objection is filed with the internal complaints reporting centre, the Procurement Experts Committee or a preliminary relief judge.
For contracting authorities, Leyla acts as a sparring partner who is engaged the moment their needs are established. That way she has helped many contracting authorities, including bodies governed by public-law institutions, choose the appropriate procurement procedure: from standard open and restricted procedures to dynamic purchasing systems, competitive procedures with negotiation, competitive dialogues and innovation partnerships. In Leyla’s opinion, the Dutch Public Procurement Act ("Aanbestedingswet") offers greater flexibility than would appear at first sight. Various procurement procedures, for instance, offer the possibility of achieving targets in the fields of corporate social responsibility, sustainability (such as the Europe 2020 targets and Green Deals) and innovation. Also in the healthcare sector, the open house model, two typical Dutch procurement methods ("Besturlijk aanbesteden" and "Zeeuws model") and the procedure for social and other specific services, regulated in Article 2.38 of the Public Procurement Act, offer various possibilities.
Leyla shares her thoughts on the most appropriate procurement procedure and the purchase strategy to be applied, advising on, for instance, the insourcing of a contract (by means of (quasi) in-house exemption or by granting an exclusive right), its performance by means of a public-private partnership, or rather its outsourcing. She is also experienced in drawing up the tender documents and completing the tender procedure, playing a different role each time, depending on the composition of the team. Leyla naturally also critically analyses the assessment process and the reasons underlying the selection and award decisions. If a tenderer objects to the course of events during a tender procedure or to the outcome (invalidation or rejection), Leyla has broad experience in taking legal action.
Leyla has a track record in numerous sectors, such as ICT, education, healthcare and pharma, property and construction, and transport, advising on both procurement law and adjacent areas of the law, such as state aid, the Wet markt en overheid (Public Enterprises (Market Activities) Act) and contract law.
Her recent activities include:
- advising on and supervising an innovation partnership procedure;
- (successfully) arguing a possibility to clarify a tender by tenderer;
- litigating on the rejection of a tenderer for a European public contract;
- successfully assisted various contracting authorities before the civil court regarding the organization of in-house exemption; both in preliminary relief proceedings and in proceedings on the merit;
- answering questions and sharing her thoughts on the procurement of health care ("Jeugdzorg en Wet Maatschappelijke Ondersteuning"); and
- strategically joining in a market party’s thought process on a (materially) amended awarded contract.
Clients praise her up-to-date knowledge of procurement law in practice and appreciate both the speed and pragmatism of her approach. That is why she is frequently requested to address and assess procurement law subjects.
Leyla is a member of the authors’ team of Sdu Inkoop en Aanbesteding, a public procurement knowledge portal, and lectured for many years in the optional procurement law course of the professional training organised by the Dutch Bar Association.
Leyla joined Maverick Advocaten N.V. on 1 March 2020 and previously worked at the Ploum and AKD law firms (in Rotterdam and Brussels).
T +31 20 238 20 01
M +31 6 53 453 021