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Public Procurement & PPP


The quality of public services is increasingly determined by skilled public procurement management. Your business and any real estate developments, joint ventures, restructuring or sale programmes cannot function without a deep understanding of how procurement regulates your plans. As a contracting authority or a bidder in local, EU and international procurement procedures, you can benefit from legal advisors with extensive experience on both sides of the process. We can guide you through complex infrastructure, transport and IT projects, not only in the public sector but also concerning utilities such as electricity, gas and airports. We can also represent you in procurement-related disputes and litigation.

With over 100 public procurement specialists in 36 cities worldwide, CMS has an outstanding reach and capacity for public procurement. We can support your response to public tender procedures in numerous countries simultaneously. Additionally, our specialists have longstanding sector-expertise across core industries including infrastructure, lifesciences/healthcare, transport and TMC. 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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"Business-oriented, accessible and flexible"

Feedback from a client, Chambers Europe, 2018

"Clear, structured and well-prepared advice."

Feedback from a client, Chambers Europe, 2018

"Sources laud the 'very competent and pragmatic' lawyers and highlight their responsiveness."

Chambers Europe, 2018

"Virginie Dor [...] is praised by interviewees for providing 'hands-on, pragmatic advice to clients whose business she understands very quickly'."

Chambers Europe, 2018

"The team was very flexible. They delivered complex output within a very short timeframe and they gathered the right resources to help us. I always feel supported by the CMS team."

Feedback from a client - Chambers Europe, 2017

“[The team leaves a] really good impression due to its perfect reactivity and really good knowledge of the subject," and adds that it delivers "concrete opinions and advice to the questions asked."

Feedback from a client - Chambers Europe, 2017

"[Virginie Dor] knows public procurement very well, she is available and hard-working, [and they also praise her] very effective technical knowledge."

Feedback from a client - Chambers Europe, 2017
Com­mentaire art­icle par art­icle de la loi du 17 juin...
Marchés pub­lics - Over­heidsop­dracht­en
June 2019
CMS Pub­lic Pro­cure­ment Glob­al Bro­chure


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November 2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
15 Jun 18
ES­PD re­quired on sub­mis­sion of tender
Two re­cent Bel­gian Coun­cil of State judg­ments cla­ri­fied the con­sequences for tenders sub­mit­ted without a European Single Pro­cure­ment Doc­u­ment (“ES­PD”), a doc­u­ment of self-de­clar­a­tion to be filed by...
November 2019
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
14 May 18
Pri­or­it­ies of the Bel­gian Com­pet­i­tion Au­thor­ity for 2018
On 27 April 2018, the Bel­gian Com­pet­i­tion Au­thor­ity is­sued a doc­u­ment set­ting out its policy pri­or­it­ies for the cur­rent year. This doc­u­ment, which has ex­is­ted since 2014, ex­plains how the Au­thor­ity se­lects...
June 2019
CMS Pub­lic Pro­cure­ment Glob­al Bro­chure
01 Dec 17
Cir­cu­laire ré­gionale du 2 oc­tobre 2017 e-Pro­cure­ment – Util­isa­tion...
La cir­cu­laire ré­gionale du 2 oc­tobre 2017, en­cadrant l’util­isa­tion des ap­plic­a­tions e-Pro­cure­ment par les en­tités de la Ré­gion de Bruxelles-Cap­itale, im­pose une série de mesur­es qui doivent être...
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’...
04 Oct 17
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would...
03 Oct 17
Choice of eco­nom­ic and fin­an­cial stand­ing re­quire­ments – more free­dom...
In its judg­ment of 13 Ju­ly 2017 (case C-76/16, Ing­steel and Met­rostav), the Court of Justice of the European Uni­on has con­firmed that con­tract­ing au­thor­it­ies have a "fair de­gree of free­dom" in the choice...
02 Oct 17
As­sign­ment of pub­lic pro­cure­ment re­ceiv­ables sim­pli­fied – new op­por­tun­it­ies...
In the past, re­ceiv­ables arising from pub­lic pro­cure­ment were not as­signable as a mat­ter of prin­ciple, ex­cept un­der lim­ited cir­cum­stances and strict con­di­tions. Moreover, the pur­chasers of such re­ceiv­ables...
13 Sep 17
The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol...