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Public Procurement

International

The quality of public services is increasingly determined by skilled public procurement management of real estate developments, joint ventures, restructuring or sale programmes. As a contracting authority or a bidder in local, EU and international procurement, you can benefit from the CMS Public Procurement team’s extensive experience on both sides of the public procurement process.

With over 150 public procurement specialists in 50 cities worldwide, CMS has outstanding reach and capacity. 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, life sciences/healthcare, transport, technology, media & communications (TMC) and energy. We also provide support before authorities, tribunals and courts across Europe, Latin America, Africa and Asia. We can guide you through complex infrastructure, transport and IT projects, not only in the public sector but also for utilities such as electricity, gas and airports. We can also represent you in procurement-related disputes and litigation.

We act for many major contracting authorities and international businesses that compete for contracts and concessions. Because we understand procurement from both sides, at the highest level, we can help you appreciate the other side’s concerns, anticipate problems, mitigate risks and, ultimately, secure a better outcome. You can rely on us to provide commercially focused, practical advice, guiding you through the process, managing risks, identifying solutions and challenging and defending award procedures.

Our services for contracting authorities

  • Pre-procurement market engagement
  • Choice of procedure and strategic procurement planning
  • Project management
  • Drafting of tender notices and tender documents
  • Responding to bidders’ questions and complaints
  • Tender evaluation
  • Preparing and conducting bidder discussions and negotiations
  • Debriefing unsuccessful bidders
  • Contract award

Our services for bidders

  • Engaging public sector bodies
  • Developing bidding strategies for contract opportunities
  • Forming bidding consortia
  • Addressing incumbent contractor advantages and ensuring a level playing field
  • Dealing with unfavourable contract specifications
  • Support in complex procurement procedures (e.g. public-private partnerships (PPP), IT)
  • Drafting and optimising submission documents
  • Support for notification duties, as well as content and timing of procedural complaints
  • Ensuring proper debrief information is received if bid is unsuccessful

Public procurement offers excellent mechanisms and opportunities. Whether you are a contracting authority or tenderer, to get the best out of procurement, you should work with advisers who have a wealth of experience in – and understanding of – the sector and jurisdiction in which you operate. At CMS, we have a proven track record of successful procurement projects, and advise on everything from analysing procurement process structure, through the bidding strategy, up to project implementation.

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November 2020
CMS Pub­lic Pro­cure­ment Con­tact Card
World-class pub­lic pro­cure­ment spe­cial­ists The qual­ity of pub­lic ser­vices is in­creas­ingly de­term­ined by world-class skills in pub­lic pro­cure­ment. The pro­cure­ment re­gime ap­plies not only to the pub­lic...
10 October 2019
CMS Ex­pert Guide to pub­lic pro­cure­ment reg­u­la­tion and law
In­tro­duc­tion­Pub­lic pro­cure­ment is a power­ful tool for gov­ern­ments try­ing to cre­ate dy­nam­ic, in­nov­at­ive and sus­tain­able mar­kets, eco­nom­ies and so­ci­et­ies. Ac­cord­ing to the European Com­mis­sion, “every year, over 250,000 pub­lic au­thor­it­ies in the EU spen
November 2019
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Pub­lic pro­cure­ment is the largest single glob­al mar­ket­place, ac­count­ing for around one-fifth of world­wide GDP. In this in­creas­ingly in­ter­na­tion­al mar­ket­place, com­pan­ies need to have con­fid­ence that pub­lic...

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12 April 2021
Gov­ern­ment launches re­newed con­sulta­tion on the fu­ture of ju­di­cial re­view
Fol­low­ing a call for evid­ence in the early au­tumn, which CMS re­spon­ded to, ac­cess­ible here, the In­de­pend­ent Re­view of Ad­min­is­trat­ive Law Pan­el (the “Pan­el”) on 18 March 2021 pub­lished its re­view re­port...
06 April 2021
Ukraine: Tax in­cent­ives for large in­vest­ment pro­jects enter in­to force
On 28 March 2021, the Law No 1293 On Amend­ment of Tax Code of Ukraine on Spe­cif­ics of Busi­nesses Im­ple­ment­ing In­vest­ment Pro­jects with Large In­vest­ments in Ukraine (the “Tax In­cent­ives Law”) entered...
01 April 2021
Up­date on the Re­new­able En­ergy Ex­pan­sion Act
In March 2021, the gov­ern­ment presen­ted its fi­nal ver­sion of the Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en-Aus­bau-Ge­setz, "REEA") aimed at re­shap­ing the Aus­tri­an leg­al frame­work on re­new­able en­ergy...
01 April 2021
Ro­mania to re­strict third coun­try-bid­ders and products for pub­lic con­tracts
Ro­mania is in the pro­cess of ban­ning cer­tain non-EU and non-EEA coun­tries from par­ti­cip­at­ing in pub­lic pro­cure­ment pro­ced­ures in Ro­mania. After a Memor­andum out­lining this ban was first ap­proved by the...
30 March 2021
Chal­len­ging HM­RC U-turns: les­sons from a re­cent EIS de­cision
Gov­ern­ments across the globe are fa­cing a moun­tain of debt fol­low­ing the pan­dem­ic, with the fo­cus of some now shift­ing to in­come gen­er­a­tion mode. In the UK, are we already see­ing a change of ap­proach...
29 March 2021
Busi­ness rates and Cov­id-19: re­stric­tion on ma­ter­i­al change of cir­cum­stances...
On 25 March 2021, the Gov­ern­ment an­nounced meas­ures with im­me­di­ate ef­fect to lim­it the use of the Ma­ter­i­al Change in Cir­cum­stances (MCC) pro­vi­sions to achieve re­duc­tions in the rate­able value of prop­er­ties...
26 March 2021
Bid rig­ging in pro­cure­ment pro­ced­ures
The European Com­mis­sion (“Com­mis­sion”) has pub­lished a No­tice about deal­ing with agree­ments aimed at dis­tort­ing com­pet­i­tion. The Com­mi­s­ion­s' "No­tice on tools to fight col­lu­sion in pub­lic pro­cure­ment...
24 March 2021
Fair Work First in Scot­tish Pub­lic Pro­cure­ment
Scot­tish pub­lic sec­tor bod­ies spent £1.35 bil­lion on goods and ser­vices in 2020.  Like the UK gov­ern­ment, the Scot­tish Gov­ern­ment is in­creas­ingly fo­cussed on pub­lic sec­tor spend se­cur­ing wider eco­nom­ic...
19 March 2021
Re­flec­tion re­quired fol­low­ing re­sponses to pub­lic pro­cure­ment Green Pa­per
Earli­er this month, the UK Gov­ern­ment’s Cab­in­et Of­fice closed its con­sulta­tion on the Green Pa­per: Trans­form­ing pub­lic pro­cure­ment, which set out pro­posed amend­ments to pub­lic pro­cure­ment rules fol­low­ing...
17 March 2021
Plan­ning His­tory is not His­tory
Back­ground Ogilvie Homes Lim­ited (“Ogilvie”) re­cently suc­ceeded in a stat­utory ap­peal against the de­cision of a Re­port­er to re­fuse plan­ning per­mis­sion for a res­id­en­tial de­vel­op­ment in Cum­bernauld...
10 March 2021
Ro­mania toughens rules for pub­lic pro­cure­ment by state hos­pit­als
In an at­tempt to pre­vent mis­use of pub­lic funds, the Ro­mani­an gov­ern­ment has is­sued new rules to in­crease trans­par­ency in pub­lic pro­cure­ment by pub­lic hos­pit­als. Ac­cord­ing to the new reg­u­la­tions, the...
04 March 2021
In­ter­di­git­al Tech­no­logy v Len­ovo: should for­eign courts’ per­mis­sion be...
In In­ter­di­git­al Tech­no­logy Corp and oth­ers v Len­ovo Group Ltd and oth­ers [2021] EWHC 255 (Pat), Hacon HHJ, sit­ting as a Judge, ruled at a pre-tri­al re­view that pri­or ap­prov­al from the com­pet­ent au­thor­ity...