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Public Procurement & PPP

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.

"A solid public law practice with strong expertise advising procuring authorities and bidders on public procurement matters, CMS additionally offers support with reconstruction projects, tender procedures and the preparation of public contracts. The team also assists clients with judicial proceedings, particularly around questions of liability for delays in construction projects."

Chambers Europe, 2022

"Virginie Dor has deep and practical expertise in public tenders"

Feedback from a client - Chambers Europe, 2022

"a clear understanding of the framework to work in"

Feedback from a client about the department - Chambers Europe, 2021

"provide a constructive view on opportunities"

Feedback from a client about the department - Chambers Europe, 2021

"fast and accurate"

Feedback from a client about the department - Chambers Europe, 2021

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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
22/09/2022
8th CMS Pub­lic Pro­cure­ment For­um
We are de­lighted to an­nounce that the 8th CMS Pub­lic Pro­cure­ment For­um will take place in Oslo on Thursday, 22 Septem­ber 2022 from 12:45 - 17:30 p.m. CET provid­ing an up­date on European pub­lic pro­cure­ment law.The pro­gramme will cov­er policy de­vel­op­ments in the EU and re­cent and im­port­ant de­cisions from the ECJ with high rel­ev­ance in prac­tice. In the second part of the event, we in­vite you to a com­par­at­ive view shar­ing ex­per­i­ences from sev­er­al jur­is­dic­tions on two top­ics with prac­tic­al rel­ev­ance:decim­al­possible dam­ages claims an­dtime lim­its and cut off for claims.The con­fer­ence will be held in Eng­lish and free of charge. There will be the pos­sib­il­ity to par­ti­cip­ate re­motely for any­one in­ter­ested in these top­ics, but un­able to at­tend in per­son. 
10/06/2022
CMS Ex­pert Guide on rising raw ma­ter­i­al prices in Bel­gi­um
1. Have spe­cif­ic le­gis­lat­ive or reg­u­lat­ory pro­vi­sions been ad­op­ted by the Gov­ern­ment in re­la­tion to the in­crease in the price of raw ma­ter­i­als? The Bel­gian gov­ern­ment did not take any spe­cif­ic le­gis­lat­ive...
Comparable
09/05/2022
Price in­creases in com­mer­cial con­tracts in war­time and post COV­ID-19
Sup­ply-chain prob­lems post COV­ID-19 and the war in Ukraine are key factors for price in­creases cur­rently af­fect­ing most in­dus­tries. Un­der­tak­ings that sup­ply products and ser­vices should check their com­mer­cial...
17/03/2022
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2022
With over 170 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city.CMS provides pub­lic tender sup­port in 40 jur­is­dic­tions. Our spe­cial­ists...
04/11/2021
The European Com­mis­sion launches second call for large-scale pro­ject pro­pos­als...
On 26 Oc­to­ber 2021, the European Com­mis­sion has for the second time ini­ti­ated a call for pro­pos­als of large-scale pro­jects, i.e. those with a cap­it­al cost ex­ceed­ing EUR 7.5 mil­lion, in the con­text of...
26/10/2021
The European Com­mis­sion is­sues guidelines on the clos­ure of op­er­a­tion­al...
On 14 Oc­to­ber 2021, the European Com­mis­sion pub­lished its guidelines on the clos­ure of op­er­a­tion­al pro­grammes ad­op­ted for as­sist­ance from the European Re­gion­al De­vel­op­ment Fund, the European So­cial Fund...
16/07/2021
CMS Bel­gi­um ad­vised Su­per­bet on its ac­quis­i­tion of Na­po­leon Games Group
CMS Bel­gi­um ad­vised Su­per­bet in con­nec­tion with the ac­quis­i­tion from Wa­ter­land of Na­po­leon Games Group, a lead­ing Bel­gian op­er­at­or act­ive in the on­line, re­tail ar­cade and sports bet­ting busi­ness, with...
13/07/2021
Cut­ting-edge Real Es­tate in Bel­gi­um
Glob­al­isa­tion, polit­ic­al tur­bu­lence, changes in urb­an liv­ing pat­terns, in­creased di­git­isa­tion, shift­ing con­sumer be­ha­viour and flex­ible work­ing are just some of the is­sues that are trans­form­ing the de­mands...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...