Procurement Lawyers

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
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Stephan Kraatz
Dr. Stephan Kraatz
Part­ner
Rechtsanwalt
Germany, Leipzig
Stephan Kraatz specialises in private construction law, including contracts with architects and engineers, and commercial leases. He regularly advises on large construction projects and has in this...
Jakob Steiff
Dr. Jakob Steiff, LL.M. (Edinburgh)
Part­ner
Rechtsanwalt
Germany, Frankfurt
Jakob Steiff is a partner and leads a team of five lawyers advising on procurement law, public commercial law and construction law at the firm’s Frankfurt office. He has extensive experience in...
Stefan Höß
Dr. Stefan Höß
Part­ner
Rechtsanwalt
Germany, Munich
Stefan Höß is a frequently recommended real estate expert and advises real estate companies and investors on their transactions. He also provides ongoing advice to ensure a successful asset management,...
Volkmar Wagner
Dr. Volkmar Wagner
Part­ner
Rechtsanwalt | Fachanwalt für Vergaberecht (Certified lawyer for procurement law) | Fachanwalt für Verwaltungsrecht (Certified lawyer for administrative law)
Germany, Stuttgart
Volkmar Wagner specialises in advising and representing contracting authorities and bidders on public procurement and public commercial law. He provides strategic advice to awarding bodies in order...
Dr. Hermann Müller, LL.M. (The University of Edinburgh)
Part­ner
Rechtsanwalt
Germany, Hamburg
Hermann Müller specialises in public commercial law and advises his clients on foreign trade, public planning and building law, state aid, infrastructure projects, procurement, public law contracts...
Thorsten Schätzlein
Dr. Thorsten Schätzlein, Dipl.-Ing. (FH)
Part­ner
Rechtsanwalt
Germany, Duesseldorf
Private construction law, procurementThorsten Schätzlein was born in Fürth in 1973. He holds a degree from Erlangen University in both civil engineering and law. Legal traineeship in Nuremberg...
Christian Scherer-Leydecker
Dr. Christian Scherer-Leydecker
Part­ner
Rechtsanwalt | Fachanwalt für Vergaberecht (Certified lawyer for procurement law) | Fachanwalt für Verwaltungsrecht (Certified lawyer for administrative law)
Germany, Cologne
Christian Scherer-Leydecker has more than 20 years experience advising on environmental and planning, PPP, procurement and other public law issues. His clients include project developers, operators...
Dr. Sven Brockhoff
Coun­sel
Rechtsanwalt | Fachanwalt für Vergaberecht (Certified lawyer for procurement law)
Germany, Stuttgart
Sven Brockhoff advises companies and the public sector on public procurement and public commercial law. Acting for contracting authorities, his public procurement law practice covers the strategic...
Dr. Rajiv Chandna
Coun­sel
Rechtsanwalt | Fachanwalt für Vergaberecht (Certified lawyer for procurement law)
Germany, Frankfurt
Dr. Rajiv Chandna advises national and international companies as well as public authorities on all areas of public commercial law, in particular on building and planning law, environmental law and...
Katja Küpper
Dr. Katja Küpper
Coun­sel
Rechtsanwältin
Germany, Frankfurt
Katja Küpper advises on all legal matters related to private construction projects as well as architects and engineers, with ample experience in providing advisory and legal management services...