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Public Procurement

Czech Republic

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 some 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 17 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 the Czech Republic and across CMS, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/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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CMS Ex­pert Guide to Pub­lic Pro­cure­ment
27 Mar 20
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for...
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...
02 Jul 18
E-pub­lic pro­cure­ment CEE 2018
12 Sep 19
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...
25 June 2018
CEE Green­field Guide
Third edi­tion
15 Jan 19
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
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...
08 May 18
Green­field In­vest­ments in CEE 2018
15 Dec 17
Po­ten­tial of Green Pub­lic Pro­cure­ment for ten­der­ers
The selling po­ten­tial of the “green” stick­er is huge. Es­pe­cially if it ap­pears in a press re­lease of a re­spec­ted state au­thor­ity in con­nec­tion with suc­cess­ful pub­lic pro­cure­ment. In the last few years...
1 September 2017
CEE Pub­lic Pro­cure­ment Tool­box for Rem­ed­ies
27 Nov 17
The Be­ne­fits of Joint Cross Bor­der Pub­lic Pro­cure­ment
Since the European Com­mis­sion’ feas­ib­il­ity study on Joint Cross-Bor­der Pub­lic Pro­cure­ment (“JCBPP”) was re­leased in March 2017 there has been in­creas­ing mo­mentum for con­tract­ing au­thor­it­ies (“CA”)...
30 Oct 17
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’...
27 Oct 17
CEE: Com­pet­i­tion au­thor­it­ies crack down on bid rig­ging
Com­pet­i­tion au­thor­it­ies in Cent­ral and East­ern Europe are in­creas­ingly turn­ing their fo­cus to in­fringe­ments of pub­lic pro­cure­ment pro­ced­ures, par­tic­u­larly bid rig­ging. Bid rig­ging typ­ic­ally oc­curs when...