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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.
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:
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).
We advise awarding bodies with the aim of ensuring legally compliant planning and conducting of tender procedures. Our services in this respect include:
We help bidders to maximise their chance of winning a contract, focusing in particular on the following areas:
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