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Public Procurement

Austria

The quality of public services is increasingly determined by skilled public procurement management. The complexity of the legislative framework for public procurement rises steadily.

As a contracting authority or a bidder in national and international procurement procedures, you can benefit from legal advisors with extensive experience on both sides of the process. We can guide you through complex infrastructure and construction, transport, healthcare and IT tenders, not only in the public sector but also concerning utilities such as electricity, gas and airports. We also represent you in procurement-related disputes / review procedures and litigation / alternative dispute resolution.

With over 100 public procurement specialists in 68 cities worldwide, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in numerous countries. Additionally, our specialists have longstanding sector-expertise across core industries including infrastructure & construction, waste & water, life sciences/healthcare, transport / traffic and TMC. This approach means we can resolve your complex public tender issues, including formation and building of bidding consortia, protection of confidential information, anti-trust matters, selection and evaluation criteria, specific rules around framework agreements, concession contracts and complex PPP projects.
If required, your CMS advisors will also deal with state aid aspects or the legal framework on public accounting and debts as well as any applicable regulatory matters.

Further, we can assist how to approach different regulated tender procedures. We support and represent you before national and European tribunals and courts or in front of the European Commission.

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Veliko Savov
01/01/2018
Win­ning to­geth­er
Bro­chure Pub­lic Pro­cure­ment
04/10/2017
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would not be ap­pro­pri­ate to di­vide the con­tract in­to lots,.
19/06/2017
Guide to the EU pub­lic pro­cure­ment rules
13/09/2017
The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
Thomas Hamerl
28/11/2014
Get­ting the Deal Through – Pub­lic Private Part­ner­ships
27/04/2017
Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of a pub­lic con­tract, that the fu­ture con­tract­or of that con­tract.
23/07/2014
CMS pub­lishes new Pub­lic Pro­cure­ment e-guide
10/02/2017
As­sess­ing pro­por­tion­al­ity in pub­lic pro­cure­ment? The un­cer­tainty re­mains
On 14 Decem­ber 2016, the European Court of Justice ("ECJ") answered the Dutch Su­preme Court’s ("DSC") pre­lim­in­ary ques­tions re­gard­ing Art­icle 45 (2) of the EU pub­lic pro­cure­ment dir­ect­ive (Dir­ect­ive 2004/18/EC) and gen­er­al prin­ciples of equal treat­ment and.
23/07/2014
CMS Pub­lic Pro­cure­ment Guide
30/01/2017
Ten­der­ers must com­ply with re­quire­ments for ex­clu­sion grounds at date...
On 10 Novem­ber 2016, the Court of Justice rendered an in­ter­est­ing de­cision (in Ciclat Soc. coop. v. Con­sip SpA, C-199/15) re­gard­ing the ap­plic­a­tion of ex­clu­sion grounds. In this par­tic­u­lar case, a ten­der­er did not com­ply with its ob­lig­a­tions of so­cial se­cur­ity.
22/11/2016
Dis­pute res­ol­u­tion in the con­struc­tion in­dustry: a new pro­ced­ure has...
Dis­putes of­ten arise dur­ing con­struc­tion pro­jects. In these cases the cli­ent and the con­struct­or face a unique chal­lenge: how to settle the dis­pute without delay­ing the pro­ject and without adding ex­tra costs? For such dis­putes the Ar­bit­ra­tion Board for the.