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Public Procurement


CMS: Leading public procurement lawyers 

Quality criteria for the provision of public works, supplies and services are increasingly set by professional purchasers working for contracting authorities who are subject to public procurement law. The framework conditions and regulations in public procurement are highly complex.

Comprehensive legal advice is essential in order to keep abreast of the frequent changes to public procurement law, as laid down in the new Federal Public Procurement Act 2018. As an international law firm, we support both contracting authorities and bidders in national and international tendering procedures.

Take advantage of our public procurement lawyers’ many years’ experience gained in numerous public procurement proceedings, especially in the following industries/areas:

•    Infrastructure and construction,
•    Transportation/Traffic,
•    Public health,
•    IT/Technology,
•    Compliance,
•    PPP and privatizations,
•    Energy and climate change and
•    Environment and waste management.

Sector-oriented advice on international and European public procurement law

CMS has over 150 public procurement experts in 40 jurisdictions and 55 locations worldwide, giving it an exceptional reach and capacity in both European public procurement law and international law. This enables us to support your participation in public procurement procedures in a wide range of jurisdictions. 

Our lawyers for public procurement law have cross-sector expertise. A broadly diversified approach enables us to answer all public procurement law questions, such as:

•    Establishment and function of bidding consortia,
•    Protection of confidential information,
•    Practices restricting competition,
•    Selection and evaluation criteria,
•    Specific rules concerning framework agreements and framework contracts,
•    Concession contracts, 
•    Complex PPP projects,
•    Follow-up orders,
•    Modifying concluded contracts,
•    Legal disputes related to tendering, and
•    Review and court proceedings.

Comprehensive expertise in the diverse legal issues surrounding public procurement law

If required, our CMS consultants can also assist you with questions regarding state aid or the legal framework for public accounting and public debt as well as other regulatory aspects. In doing so, we will seek the best possible approach to differently regulated public procurement procedures and represent you before the national and European authorities and courts.

Would you like to receive regular updates from us about procurement law? Subscribe to our newsletter and receive useful information on events and important legal developments by e-mail.

Get to know our team of experts in the field of public procurement law here!

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November 2020
CMS Pub­lic Pro­cure­ment Con­tact Card
World-class pub­lic pro­cure­ment spe­cial­ists The qual­ity of pub­lic ser­vices is in­creas­ingly de­term­ined by world-class skills in pub­lic pro­cure­ment. The pro­cure­ment re­gime ap­plies not only to the pub­lic...
10 October 2019
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion and law
In­tro­duc­tion Pub­lic pro­cure­ment is a power­ful tool for gov­ern­ments try­ing to cre­ate dy­nam­ic, in­nov­at­ive and sus­tain­able mar­kets, eco­nom­ies and so­ci­et­ies. Ac­cord­ing to the European Com­mis­sion, “every...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
The Dom­in­ance and Mono­pol­ies Re­view I 8th Edi­tion
The Aus­tri­an leg­al re­gime reg­u­lat­ing mar­ket dom­in­ance is set out in Part II (Sec­tions 4 to 6) of the Aus­tri­an Car­tel Act (KartG), stip­u­lat­ing the pro­hib­i­tion on ab­us­ing a (single or col­lect­ive) dom­in­ant...
05 May 2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
Im­pact of COV­ID-19 on Pub­lic Pro­cure­ment
Pub­lic pro­cure­ment is not im­mune to the cur­rent de­vel­op­ments either. We have pooled our ex­pert­ise and know­ledge from 23 coun­tries in­to a News­flash. We also keep on up­dat­ing the in­form­a­tion we share with...
04 May 2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
Sus­tain­ab­il­ity in Pub­lic Pro­cure­ment: Pos­sib­il­it­ies for Prac­tic­al Im­ple­ment­a­tion...
Read part 1 here [in Ger­man]!Sus­tain­ab­il­ity can be achieved in pub­lic pro­cure­ment in many dif­fer­ent ways. The first part of this art­icle out­lined some of the ways pub­lic pur­chasers can pro­cure sus­tain­ably...
01 April 2020
Guid­ance for pub­lic pro­cure­ment pro­ced­ures in Aus­tria dur­ing the COV­ID-19...
Spe­cif­ic amend­ments to the leg­al pro­vi­sions re­gard­ing pub­lic pro­cure­ment law have not been is­sued yet.1 Nev­er­the­less, the cur­rent situ­ation af­fects pub­lic pro­cure­ment. On­go­ing pub­lic pro­cure­ment pro­ced­ures...
Sus­tain­ab­il­ity in Pub­lic Pro­cure­ment: Pos­sib­il­it­ies for Prac­tic­al Im­ple­ment­a­tion...
The is­sue of sus­tain­ab­il­ity has be­come the fo­cus of pub­lic de­bate in re­cent months. Re­gion­al & loc­al as well as so­cial & eco­lo­gic­al are by­words for this term. En­sur­ing sus­tain­ab­il­ity can usu­ally be un­der­stood...
27 March 2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
Published in ZVB 2018/40
Prac­tic­al In­ter­faces between EU State Aid Law and Pub­lic Pro­cure­ment Law...
Privat­iz­a­tions and PPP pro­jects are es­sen­tial parts of state aid law, each of which is also closely re­lated to the prin­ciples and stand­ards of pub­lic pro­cure­ment law. For each type of pro­ject, it is ne­ces­sary...