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Public Procurement


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 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.

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Pub­lic pro­cure­ment guide
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 year, over 250,000 pub­lic au­thor­it­ies in the EU spend around 14% of GDP on the pur­chase of ser­vices, works and sup­plies” and EU coun­tries are not the only ones to re­cog­nise this. Know­ing the im­port­ance of hav­ing a re­li­able sys­tem to handle this spend­ing, coun­tries set out min­im­um har­mon­ised pub­lic pro­cure­ment rules. The CMS Pub­lic Pro­cure­ment Group of­fers you a com­pre­hens­ive guide to the most rel­ev­ant pro­cure­ment is­sues in 19 jur­is­dic­tions.In this CMS guide to pub­lic pro­cure­ment we set out the key rules, thresholds, and pro­ced­ures for con­tract­ing au­thor­it­ies and sup­pli­ers; in­dic­ate wheth­er it is man­dat­ory or vol­un­tary to use e-pro­cure­ment or e-sig­na­tures; and de­tail the ex­tent to which pro­cure­ment con­tracts can be amended after be­ing awar­ded.Our pub­lic pro­cure­ment spe­cial­ists cov­er the key ques­tions con­cern­ing ac­cess to and the con­duct of pub­lic pro­cure­ment com­pet­i­tions. They also high­light the key sim­il­ar­it­ies and im­port­ant dif­fer­ences between the na­tion­al re­gimes in 20 coun­tries: Aus­tria, Bul­garia, China, Colom­bia, Croa­tia, Czech Re­pub­lic, France, Ger­many, Hun­gary, Italy, Montenegro, the Neth­er­lands, Peru, Po­land, Por­tugal, Ser­bia, Slov­akia, Spain, Switzer­land and Tur­key. We ex­pect up­dates from oth­er jur­is­dic­tions where we have pub­lic pro­cure­ment ex­pert­ise in the com­ing months. If you have any ques­tions re­gard­ing pub­lic pro­cure­ment or if you need ad­vice re­gard­ing any of these jur­is­dic­tions, please feel free to con­tact the loc­al ex­perts who au­thored the rel­ev­ant chapters or any of the CMS pub­lic pro­cure­ment ex­perts in­cluded on the CMS Pub­lic Pro­cure­ment Con­tact Card. 


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24 April 2020
CMS again achieves top po­s­i­tions in BIL­ANZ / Le Temps rank­ing 2020
The best law­yers in Switzer­land 2020 were se­lec­ted by the busi­ness magazine BIL­ANZ.
10 October 2019
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion and law
This guide provides an over­view on the EU Pub­lic Pro­cure­ment Dir­ect­ives and 20 na­tion­al pro­cure­ment laws fol­low­ing ten ques­tions, answered by CMS pub­lic pro­cure­ment spe­cial­ists.
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...
15 April 2020
New rank­ings from "The Leg­al 500" for CMS Switzer­land
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...
November 2019
CMS Pub­lic Pro­cure­ment Con­tact Card
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...
CMS once again one of the lead­ing law firms in Switzer­land
For the third time, the Swiss busi­ness magazine BIL­ANZ has pub­lished its rank­ing of the best law firms in Switzer­land.
12 September 2019
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
16 April 2019
CMS Switzer­land fur­ther im­proves its rank­ing with The Leg­al 500
We are de­lighted to an­nounce that 12 prac­tice areas of CMS Switzer­land have been re­com­men­ded in this year's edi­tion of Leg­al500, pub­lished in April 2019.
15 January 2019
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion mod­el
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds...
21 August 2018
Your in­tro­duc­tion to CMS Switzer­land
CMS von Er­lach Pon­cet is the res­ult of the 2014 mer­ger of CMS von Er­lach Hen­rici and ZPG Avocats, which brought to­geth­er two prom­in­ent ..