Home / Expertise / Public Procurement
Crowd of people walking in the street

Public Procurement


Contracting entities and bidders in local and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process and a deep understanding of how procurement regulates your plans. CMS Brazil offers particular expertise in advising on all aspects of procurement.

Our lawyers offer a powerful combination of local experience and insight coupled with international know-how. 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.

In Brazil and across CMS, our specialists have longstanding sector-expertise across core industries including energy, infrastructure, life sciences & 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.

Read more Read less
High­lights of our ex­per­i­ence in Pub­lic Pro­cure­ment in Brazil
A European man­u­fac­turer of FPSO moor­ing equip­ment on Brazili­an loc­al con­tent reg­u­la­tions in the oil and gas sec­tor and ar­range­ments for the pro­tec­tion of its know-how and in­tel­lec­tu­al prop­erty in fab­ric­a­tion sub­con­tracts. Also ad­vising on a dis­pute with its com­mer­cial rep­res­ent­at­ive re­gard­ing com­mis­sions on con­tracts awar­ded by Pet­ro­bras.OGX Pet­róleo & Gás on the draft­ing of a suite of stand­ard form oil and gas con­tracts for use off­shore Brazil, in­clud­ing mas­ter ser­vices agree­ments, gen­er­al terms and con­di­tions for dif­fer­ent cat­egor­ies of goods and ser­vices, pur­chase or­ders and drilling rig and ves­sel charter and op­er­a­tion agree­ments.CTS Even­tim on its suc­cess­ful bid to provide ex­clus­ive tick­et­ing ser­vices to the Rio 2016 Olympic & Para­lympic Games, in­clud­ing co­ordin­at­ing ad­vice on tax, em­ploy­ment, im­mig­ra­tion and vari­ous reg­u­lat­ory mat­ters to in­form the bid and to enter the Brazili­an mar­ket for the first time.Açu shipyard, Rio de Janeiro state on nu­mer­ous high-value pro­cure­ment con­tracts, as well as stand­ard form agree­ments for dif­fer­ent cat­egor­ies of goods and ser­vices. Ad­vising on re­lated con­trac­tu­al dis­putes, in­clud­ing claims for de­mur­rage, port stor­age costs, dam­age sus­tained to the equip­ment and ad­di­tion­al on­ward trans­port­a­tion costs res­ult­ing from de­fect­ive pack­aging and fail­ure of the equip­ment to com­ply with spe­cific­a­tions.Vari­ous in­ter­na­tion­al oil and gas sup­pli­ers on Pet­ro­bras qual­i­fic­a­tion and tender pro­ced­ures, con­tract­ing prac­tice and ne­go­ti­ations. Also ad­vising on the use of com­mer­cial rep­res­ent­at­ives, form­a­tion of bid­ding con­sor­tia, ne­go­ti­ation of back-to-back sub­con­tracts and tax struc­tur­ing is­sues.OSX Leas­ing Group on a num­ber of high-value frame­work agree­ments for the pro­cure­ment of ma­jor items of equip­ment for mul­tiple float­ing oil pro­duc­tion plat­forms (FPSOs) to be con­struc­ted in Brazil.Please down­load the print ver­sion be­low.


Show only
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...
06 April 2020
COV­ID-19 in Pub­lic Pro­cure­ment – For­tu­it­ous Event or Force Ma­jeure. Prin­cip­al...
COV­ID-19 has been cat­egor­ised as a for­tu­it­ous event or force ma­jeure by the Chilean Pub­lic Ad­min­is­tra­tion, spe­cify­ing vari­ous im­pacts on the pro­ced­ures and pub­lic con­tracts for the sup­ply of goods and...