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Public Procurement

Contracting authorities and bidders in local, EU and international procurement procedures need to rely on legal advice informed by extensive experience on both sides of the process. Public procurement legislation has undergone significant changes in Central and Eastern Europe in recent years. Despite legislation moving closer towards harmonisation with the EU, many practical challenges remain. CMS has worked on scores of complex projects in the region over the last two decades and fields specialist public procurement lawyers across 15 full-service offices. Our lawyers offer a powerful combination of local expertise and insight coupled with international know-how and perspective on public procurement issues.  We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes and litigation.

In Bulgaria and across CMS, our specialists have longstanding sector-expertise across core industries including infrastructure, life sciences & healthcare, transport, and technology, media and communications. 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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13/12/2022
Bul­garia in­tro­duces rules for price in­dex­a­tion in PP con­tracts
On 30 Septem­ber 2022, fol­low­ing amend­ment to the Bul­gari­an Pub­lic Pro­cure­ment Act, a Meth­od­o­logy for amend­ing the price of a pub­lic pro­cure­ment con­tract in case of in­fla­tion was of­fi­cially pub­lished in...
12/12/2022
New European Com­mis­sion pub­lic con­sulta­tion on the fu­ture EU Reg­u­la­tion...
On  16 Novem­ber 2022, the European Com­mis­sion pub­lished its draft Reg­u­la­tion on the ap­plic­a­tion of Art­icles 107 and 108 of the Treaty on the Func­tion­ing of the European Uni­on to de min­imis aid. In­ter­ested...
05/12/2022
EU Com­mis­sion pro­poses to mod­ern­ise product li­ab­il­ity rules for green and...
Cur­rent product li­ab­il­ity rules, based on the 85/374/EGK Product Li­ab­il­ity Dir­ect­ive (PLD), are nearly 40 years old and no longer suit­able for the mod­ern di­git­al age. Among oth­er things, the PLD is un­cer­tain...
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...
26/08/2022
Pub­lic pro­cure­ment reg­u­la­tion in Bul­garia
Oc­to­ber 20181An amend­ment bill is cur­rently pending at the Bul­gari­an par­lia­ment con­tain­ing sev­er­al sig­ni­fic­ant changes, which are not re­flec­ted in this guide. Ref­er­ences to the amend­ment bill are made...
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...
18/01/2022
The Road to the (Autonom­ous) Fu­ture
It is no longer pos­sible to dis­cuss the fu­ture of trans­port without the ques­tion of autono­ma­tion be­ing raised. The ques­tion of ‘how long’ un­til Autonom­ous Vehicle (AV) de­ploy­ment be­comes a real­ity...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
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...
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...