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Public Procurement

Netherlands

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 public/private partnership (PPP) projects. You can also seek our advice on aspects of procurement law relating to area development.

If you need to draw up a tender in a legally correct form or formulate a tendering and purchasing policy, you can count on our expert advice and assistance. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures.

We also conduct proceedings, including emergency proceedings, in tender disputes before the Board of Arbitration (Raad van Arbitrage) and in the civil courts, as well as the Commission of Procurement experts (Commissie van Aanbestedingsexperts).

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Pub­lic pro­cure­ment guide
October 2018
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
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Dr. Christian Scherer-Leydecker
March 2019
Com­ment to the pub­lic pro­cure­ment stand­ard forms for...
15/01/2019
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds nu­mer­ic­al games (the Lotto) and the con­di­tions for its tender.
17/12/2018
Pub­lic pro­cure­ment guide
04/01/2018
New anti-trust probes in­to Dutch pro­cure­ment
When par­ti­cip­at­ing in tenders, com­pan­ies must be know­ledge­able of pro­cure­ment law. Sev­er­al re­cent cases in the Neth­er­lands, how­ever, have re­vealed that com­pan­ies should not only be mind­ful of pro­cure­ment law, but also well versed in the rel­ev­ant as­pects of.
Petra Heemskerk
31/10/2018
Self-driv­ing cars – op­por­tun­it­ies for pub­lic pro­cure­ment...
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.
October 2018
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
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.
June 2018
De­liv­er­ing qual­ity ad­vice you can act on
An­nu­al Re­view 2017 – 2018
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,.
June 2018
EBRD en­gages CMS for con­ces­sion and PPP laws as­sess­ment
An­nu­al Re­view 2017-2018
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.