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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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"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
CMS Pub­lic Pro­cure­ment Guide
CMS e-guide of­fers a com­pre­hens­ive over­view of EU Pub­lic...

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Małgorzata Urbańska
Dec 2017
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
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.
19/06/2017
Guide to the EU pub­lic pro­cure­ment rules
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,.
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.
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.
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.
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.