engineer sitting at control panel of nuclear power station

Challenges around awarding contracts

More than ten per cent of the GDP of the EU member states is generated by activity which is subject to procurement law regulations. Procurement law poses increasing challenges to both awarding bodies and contractors due to a rising tide of rules and the difficulty of staying abreast with case law.

Awarding bodies that create flawed tenders run the risk of lengthy review and complaints procedures which can delay the planning and realisation of a project by years.

Similarly, anybody who wishes to bid successfully on a public tender needs to be fully acquainted with the rules. Even the smallest formal error during the tender process can lead to exclusion.

Experts in procurement law

Our procurement law experts combine specialist legal knowledge with in-depth industry insights across all areas of public procurement.

We are familiar with the environment in which you operate and the issues that confront your sector. Accordingly, we can include all legally and commercially relevant aspects in our advice. This results in a legally robust tender procedure for awarding bodies and a greater chance of success for bidders.

We have specialist expertise in a range of sectors, including:

  • Construction and infrastructure
  • Compliance and training
  • Healthcare, pharmaceutical industry and e-health
  • IT and telecommunications
  • PPP and privatisation
  • Security and defence
  • Transport
  • Utilities and waste disposal

Familiar with both sides of procurement procedures

In the procurement law arena, CMS represents clients from the public sector as well as companies participating in procurement procedures. We can help you to ensure that a tender complies with the law, or assist with checking a bid for a public contract. We also represent contracting authorities and bidders in proceedings before public procurement tribunals, the procurement senates of the higher regional courts, the civil and administrative courts, the EU Commission and the European courts (ECJ, CFI).

Advising awarding bodies during tender procedures

We advise awarding bodies with the aim of ensuring legally compliant planning and conducting of tender procedures. Our services in this respect include:

  • Initial considerations, e.g. clarification of tender requirements and possible scope for making use of exceptions from procurement law or simplified procedures
  • Structuring and planning the tender procedure
  • Drafting of tender notices and tender documents
  • Assistance with formulating answers to bidder queries and complaints
  • Evaluation of participation applications and of the bids
  • Preparing and conducting bidder discussions and negotiations
  • Support for contract award, concluding the contract and documentation
  • Representation in review procedures and other disputes

Our services for bidders during tender procedures

We help bidders to maximise their chance of winning a contract, focusing in particular on the following areas:

  • Strategy development for competitive tenders and submission of bids
  • Agreements on joint applications and consortium bids
  • Dealing with incorrect specifications
  • Support during the tender procedure
  • Optimisation of bid submissions
  • Assistance with formulating bidder queries and complaints
  • Representation in review procedures and other disputes
22/07/2020
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2020
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city. CMS provides pub­lic tender sup­port in 36 jur­is­dic­tions. Our spe­cial­ists...

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14/07/2021
Ger­man Fed­er­al Con­sti­tu­tion­al Court clears the way for the Uni­fied Pat­ent...
The Ger­man Fed­er­al Con­sti­tu­tion­al Court (FCC) dis­missed two mo­tions for in­ter­im meas­ures against the Ger­man act ap­prov­ing the Agree­ment on a Uni­fied Pat­ent Court (UPCA). The way is thus clear for Ger­man...
04/06/2021
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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...
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Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
22/07/2020
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2020
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city. CMS provides pub­lic tender sup­port in 36 jur­is­dic­tions. Our spe­cial­ists...
07/04/2020
A guid­ance for pub­lic pro­cure­ment pro­ced­ures in Ger­many in times of COV­ID-19
In the course of the cur­rent COV­ID-19 pan­dem­ic vari­ous meas­ures have been ad­op­ted in Ger­many both on fed­er­al and state level to en­able pub­lic pur­chasers to pro­cure ser­vices to help con­tain the pan­dem­ic...
18/11/2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Pub­lic pro­cure­ment is the largest single glob­al mar­ket­place, ac­count­ing for around one-fifth of world­wide GDP. In this in­creas­ingly in­ter­na­tion­al mar­ket­place, com­pan­ies need to have con­fid­ence that pub­lic...
18/11/2019
E-pub­lic pro­cure­ment
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...
07/11/2019
Pub­lic Pro­cure­ment For­um in Am­s­ter­dam
We are pleased to in­vite you to the sixth CMS Pub­lic Pro­cure­ment For­um that will be held at the Eye Mu­seum in Am­s­ter­dam on 7 Novem­ber 2019.The for­um will dis­cuss pub­lic private part­ner­ships (PPP) in in­fra­struc­ture...
17/12/2018
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...
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Suc­cess­ful ma­jor pro­ject: CMS ad­vises City of Frank­furt on re­con­struct­ing...
Frank­furt/Main – After ten years of plan­ning and con­struc­tion, the “new” Frank­furt Old Town was of­fi­cially opened to the pub­lic on 9 May 2018 by the re­con­struc­tion con­tract­or, Dom­Römer GmbH. A...
23/05/2018
Pub­lic Pro­cure­ment For­um in Lis­bon
We are pleased to in­vite you to the fifth CMS Pub­lic Pro­cure­ment For­um that will be held at Sana hotel in Lis­bon on 23 May 2018.The event will dis­cuss re­cent trends and de­vel­op­ments in the pub­lic pro­cure­ment...