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E-public procurement

E-public procurement in a nutshell

November 2019

On 18 October 2018 obligatory e-procurement rules entered into force in many EU member states. The CMS Public Procurement Group has the pleasure of sharing key information regarding multiple jurisdictions.   

Public procurement is an important part of the EU economy, accounting for around 15% of GDP. Not only that, by requesting new standards of service and quality, processing, and billing, contracting authorities have the chance to influence leading companies’ decisions about strategic innovation.

That’s because once companies have implemented new systems and standards in order to comply with the demands of public tenders, they often then adopt them as the industry standard, retaining them for smaller procuring entities.

This also holds true for innovative procedural developments. The EU Procurement Directives of 2014 compelled member states to fully implement electronic means of communication and procurement. Member States were free to extend the deadline for implementation set for 18 October 2016 by two years. Most member states exercised that option.

This means that after 18 October 2018 contracting authorities that fall under national procurement laws must use electronic means to communicate with economic operators during all stages of the public procurement procedure and electronic tender platforms for all tender procedures above the EU thresholds.

Although the obligation to introduce e-public procurement applies to all member states, the directives only set the framework and the goals to be achieved. Therefore, the implementation and elaboration of detailed national legislation is up to member states. As a result, the outcome of the implementation varies from country to country.

E-procurement has also been implemented in several jurisdictions outside the EU. It is relevant for all companies worldwide because it allows much easier, quicker and cheaper access to tender procedures.

Our brochure provides a snapshot of how the implementation of e-procurement is taking shape in various countries and outlines the main characteristics of the national e-public procurement systems. The aim is to provide a helpful overview for economic operators interested in, or engaged with public procurement procedures both inside and outside the EU.

If you have any questions regarding e-procurement or if you need advice regarding any of these jurisdictions, please feel free to contact our local experts who authored the chapters or any of the CMS public procurement experts included on the CMS Public Procurement Contact Card.

Guide
CMS E-public Procurement November 2019
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Authors

Portrait of Virginie Dor
Virginie Dor
Partner
Brussels
Portrait of Flore Verhoeven
Flore Verhoeven
Associate
Brussels
Portrait of Bernt Elsner
Bernt Elsner
Partner
Vienna
Portrait of Ruth Bittner
Ruth Bittner
Attorney-at-Law
Vienna
Portrait of Ted Rhodes
Ted Rhodes
Partner
Rio de Janeiro
Portrait of Kostadin Sirleshtov
Kostadin Sirleshtov
Managing Partner
Sofia
Portrait of Gentscho Pavlov
Gentscho Pavlov
Partner
Sofia
Portrait of Pabla Gainza
Pabla Gainza
Partner
Santiago
Portrait of Daniel Rodríguez, LL.M.
Daniel Rodríguez, LL.M.
Partner
Bogotá
Portrait of Marija Mušec
Marija Mušec
Partner
Zagreb
Portrait of Mia Kanceljak
Mia Kanceljak
Portrait of Tomáš Matĕjovský
Tomáš Matĕjovský
Partner
Prague
Portrait of Lenka Krutáková
Lenka Krutáková
Senior Associate
Prague
Portrait of Kawthar Ben Khelil
Kawthar Ben Khelil
Counsel
Paris
Portrait of François Tenailleau
François Tenailleau
Partner
Paris
Portrait of Hélène Chalmeton
Hélène Chalmeton
Legal Advisor - Knowledge Management
Paris
Portrait of Volkmar Wagner
Dr. Volkmar Wagner
Partner
Stuttgart
Portrait of Sven Brockhoff
Dr. Sven Brockhoff
Counsel
Stuttgart
Portrait of Tamás  Tercsák
Tamás Tercsák
Of Counsel
Budapest
Portrait of Veronika Kovács
Veronika Kovács
Senior Counsel
Budapest
Portrait of Petra Heemskerk
Petra Heemskerk
Partner
Amsterdam
Portrait of Michelle Barclay
Michelle Barclay
Partner
Lima
Portrait of Ramon Huapaya
Ramon Huapaya
Partner
Lima
Portrait of Małgorzata Urbańska
Małgorzata Urbańska
Partner
Warsaw
Portrait of Gonçalo Guerra Tavares
Gonçalo Guerra Tavares
Partner
Lisbon
Portrait of António Magalhães e Menezes
António Magalhães e Menezes
Senior Associate
Lisbon
Gabriel Sidere
Portrait of Cristina Popescu
Cristina Popescu
Senior Counsel and Head of CEE Insurance Practice Group
Bucharest
Portrait of Peter Šimo
Peter Šimo
Of Counsel
Bratislava
Portrait of Martin Baláž
Martin Baláž
Associate
Bratislava
Portrait of Dunja Jandl
Dunja Jandl
Partner
Ljubljana
Portrait of Vesna Tišler
Vesna Tišler
Attorney-at-Law
Ljubljana
Portrait of Javier Torre de Silva
Javier Torre de Silva
Partner
Madrid
Portrait of Marquard Christen
Marquard Christen, LL.M., MAS
Partner
Zurich
Portrait of Anna Pogrebna
Anna Pogrebna
Partner
Kyiv (CMS RRH)
Portrait of Maria Orlyk
Maria Orlyk
Managing Partner Kyiv
Kyiv (CMS RRH)
Portrait of Olga Belyakova
Olga Belyakova
Partner
Kyiv (CMS CMNO)
Portrait of Caroline Hobson
Caroline Hobson
Partner
London
Portrait of Graeme Young
Graeme Young
Partner
Edinburgh
Portrait of Döne Yalçın
Döne Yalçın
Managing Partner Turkey
Istanbul
Rita Zanforlin
Guillermo Otálora, LL.M.
Jérôme Guillot
Eline Brenders
Magdalena Wyszyńska
Carolina Almeida
María Guinot
Dr Felix Kesselring, LL.M. (LSE)
Rachel Bickler
Esther Duncan
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