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Public Procurement

Netherlands

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 public/private partnership (PPP) projects. You can also seek our advice on aspects of procurement law relating to area development.

If you need to draw up a tender in a legally correct form or formulate a tendering and purchasing policy, you can count on our expert advice and assistance. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures.

We also conduct proceedings, including emergency proceedings, in tender disputes before the Board of Arbitration (Raad van Arbitrage) and in the civil courts, as well as the Commission of Procurement experts (Commissie van Aanbestedingsexperts).

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Pub­lic pro­cure­ment guide
November 2019
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
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November 2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
02 Apr 20
Neth­er­lands: guid­ance for Dutch pub­lic pro­cure­ment pro­ced­ures in re­sponse...
The fol­low­ing guid­ance ad­dresses on­go­ing pub­lic pro­cure­ment pro­ced­ures, fu­ture pro­ced­ures and ex­ist­ing con­tracts in the Neth­er­lands. On­go­ing pro­cure­ment pro­ced­ures are not auto­mat­ic­ally sus­pen­ded The...
November 2019
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
27 Mar 20
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
November 2019
CMS Pub­lic Pro­cure­ment Con­tact Card
12 Sep 19
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
CMS Ex­pert Guide to Pub­lic Pro­cure­ment
15 Jan 19
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds...
June 2019
CMS Pub­lic Pro­cure­ment Glob­al Bro­chure
04 Jan 18
New anti-trust probes in­to Dutch pro­cure­ment
When par­ti­cip­at­ing in tenders, com­pan­ies must be know­ledge­able of pro­cure­ment law. Sev­er­al re­cent cases in the Neth­er­lands, how­ever, have re­vealed that com­pan­ies should not only be mind­ful of pro­cure­ment...
March 2019
Com­ment to the pub­lic pro­cure­ment stand­ard forms for...
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”)...