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Public Procurement & PPP

Belgium

The quality of public services is increasingly determined by skilled public procurement management. Your business and any real estate developments, joint ventures, restructuring or sale programmes cannot function without a deep understanding of how procurement regulates your plans. As a contracting authority or a bidder in local, EU 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, transport and IT projects, not only in the public sector but also concerning utilities such as electricity, gas and airports. We can also represent you in procurement-related disputes and litigation.

With over 100 public procurement specialists in 36 cities worldwide, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in numerous countries simultaneously. Additionally, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/healthcare, transport 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, evaluations, specific rules around framework agreements, concession contracts and complex PPP projects. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures. We also provide support before tribunals and courts across Europe or in front of the European Commission.

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"Business-oriented, accessible and flexible"

Feedback from a client, Chambers Europe, 2018

"Clear, structured and well-prepared advice."

Feedback from a client, Chambers Europe, 2018

"Sources laud the 'very competent and pragmatic' lawyers and highlight their responsiveness."

Chambers Europe, 2018

"Virginie Dor [...] is praised by interviewees for providing 'hands-on, pragmatic advice to clients whose business she understands very quickly'."

Chambers Europe, 2018

"The team was very flexible. They delivered complex output within a very short timeframe and they gathered the right resources to help us. I always feel supported by the CMS team."

Feedback from a client - Chambers Europe, 2017

“[The team leaves a] really good impression due to its perfect reactivity and really good knowledge of the subject," and adds that it delivers "concrete opinions and advice to the questions asked."

Feedback from a client - Chambers Europe, 2017

"[Virginie Dor] knows public procurement very well, she is available and hard-working, [and they also praise her] very effective technical knowledge."

Feedback from a client - Chambers Europe, 2017
Com­mentaire art­icle par art­icle de la loi du 17 juin...
Marchés pub­lics - Over­heidsop­dracht­en

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Bernt Elsner
October 2018
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
14/05/2018
Pri­or­it­ies of the Bel­gian Com­pet­i­tion Au­thor­ity for 2018
On 27 April 2018, the Bel­gian Com­pet­i­tion Au­thor­ity is­sued a doc­u­ment set­ting out its policy pri­or­it­ies for the cur­rent year. This doc­u­ment, which has ex­is­ted since 2014, ex­plains how the Au­thor­ity se­lects its form­al in­vest­ig­a­tions and de­scribes its stra­tegic.
May 2018
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
01/12/2017
Cir­cu­laire ré­gionale du 2 oc­tobre 2017 e-Pro­cure­ment – Util­isa­tion...
La cir­cu­laire ré­gionale du 2 oc­tobre 2017, en­cadrant l’util­isa­tion des ap­plic­a­tions e-Pro­cure­ment par les en­tités de la Ré­gion de Bruxelles-Cap­itale, im­pose une série de mesur­es qui doivent être mises en œuvre par les en­tités ré­gionales pour le 1er décembre.
27/11/2017
The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”) to or­gan­ise JCBPPs.
30/10/2017
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
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,.
03/10/2017
Choice of eco­nom­ic and fin­an­cial stand­ing re­quire­ments – more free­dom...
In its judg­ment of 13 Ju­ly 2017 (case C-76/16, Ing­steel and Met­rostav), the Court of Justice of the European Uni­on has con­firmed that con­tract­ing au­thor­it­ies have a "fair de­gree of free­dom" in the choice of eco­nom­ic and fin­an­cial stand­ing re­quire­ments.
02/10/2017
As­sign­ment of pub­lic pro­cure­ment re­ceiv­ables sim­pli­fied – new op­por­tun­it­ies...
In the past, re­ceiv­ables arising from pub­lic pro­cure­ment were not as­signable as a mat­ter of prin­ciple, ex­cept un­der lim­ited cir­cum­stances and strict con­di­tions. Moreover, the pur­chasers of such re­ceiv­ables were second-ranked by law be­hind a series of cred­it­ors.
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.
08/05/2017
Fines im­posed by Bel­gian Com­pet­i­tion Au­thor­ity for car­tel in­volving...
On 3 May 2017, the In­vest­ig­a­tion and Pro­sec­u­tion Ser­vice of the Bel­gian Com­pet­i­tion Au­thor­ity im­posed a total fine of 1. 8 mil­lion euros for a car­tel between five com­pan­ies re­lat­ing to a pub­lic pro­cure­ment or­gan­ized by In­f­ra­bel.
02/05/2017
New pro­vi­sions re­gard­ing ex­clu­sion grounds in pub­lic pro­cure­ment:...
The new pub­lic pro­cure­ment le­gis­la­tion, which is ex­pec­ted to enter in­to force on 30 June 2017, con­tains new pro­vi­sions for can­did­ates or ten­der­ers fa­cing ex­clu­sion. This is a trans­pos­i­tion in­to Bel­gian law of Art­icle 57 of Dir­ect­ive 2014/24/EU.