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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 ofBernt Elsner
Bernt Elsner
Partner
Vienna
Portrait ofVirginie Dor
Virginie Dor
Partner
Brussels
Portrait ofFlore Verhoeven
Flore Verhoeven
Associate
Brussels
Portrait ofTed Rhodes
Ted Rhodes
Partner
London
Portrait ofKostadin Sirleshtov
Kostadin Sirleshtov
Managing Partner
Sofia
Portrait ofGentscho Pavlov
Gentscho Pavlov
Partner
Sofia
Portrait ofPabla Gainza
Pabla Gainza
Partner
Santiago
Portrait ofDaniel Rodríguez, LL.M.
Daniel Rodríguez, LL.M.
Partner
Bogotá
Portrait ofMarija Mušec
Marija Mušec
Partner
Zagreb
Portrait ofTomáš Matĕjovský
Tomáš Matĕjovský
Managing Partner
Prague
Portrait ofLenka Krutáková
Lenka Krutáková
Senior Associate
Prague
Portrait ofKawthar Ben Khelil
Kawthar Ben Khelil
Counsel
Paris
Portrait ofFrancois Tenailleau
François Tenailleau
Partner
Paris
Portrait ofHélène Chalmeton
Hélène Chalmeton
Legal Advisor - Knowledge Management
Paris
Portrait ofTamás  Tercsák
Tamás Tercsák
Of Counsel
Budapest
Portrait ofVeronika Kovács
Veronika Kovács
Senior Counsel
Budapest
Portrait ofPetra Heemskerk
Petra Heemskerk
Partner
Amsterdam
Portrait ofMichelle Barclay
Michelle Barclay
Partner
Lima
Portrait ofRamon Huapaya
Ramón Huapaya
Partner
Lima
Portrait ofMałgorzata Urbańska
Małgorzata Urbańska
Partner
Warsaw
Portrait ofGonçalo Guerra Tavares
Gonçalo Guerra Tavares
Partner
Lisbon
Portrait ofCristina Popescu
Cristina Popescu
Partner
Bucharest
Portrait ofPeter Šimo
Peter Šimo
Of Counsel
Bratislava
Portrait ofDunja Jandl
Dunja Jandl
Partner
Ljubljana
Portrait ofJavier Torre de Silva
Javier Torre de Silva
Partner
Madrid
Portrait ofMarquard Christen
Marquard Christen, LL.M., MAS
Partner
Zurich
Portrait ofMaria Orlyk
Maria Orlyk
Managing Partner
Kyiv (CMS RRH)
Portrait ofOlga Belyakova
Olga Belyakova
Partner
Kyiv (CMS CMNO)
Portrait ofGraeme Young
Graeme Young
Partner
Edinburgh
Portrait ofDöne Yalçın
Döne Yalçın
Partner
Istanbul
Ruth Bittner
Rita Zanforlin
Guillermo Otálora, LL.M.
Mia Kanceljak
Dr. Volkmar Wagner
Dr. Sven Brockhoff
Jérôme Guillot
Eline Brenders
Magdalena Wyszyńska
António Magalhães e Menezes
Carolina Almeida
Gabriel Sidere
Martin Baláž
Vesna Tišler
María Guinot
Dr Felix Kesselring, LL.M. (LSE)
Anna Pogrebna
Caroline Hobson
Rachel Bickler
Esther Duncan
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