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International Public Procurement Law Firm

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 (CMS Public Procurement Contact Card) extensive experience on both sides of the public procurement process.

With over 170 public procurement specialists in over 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.

Watch our partners Graeme Young, Christian Scherer and Virginie Dor and Senior Counsel Veronika Kovacs explain what public procurement is and how CMS Public Procurement Team can help clients tackle public procurement law challenges.

Watch video on our public procurement capabilities in Lifesciences and Healthcare sector.

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.

Public Procurement Remedies Toolbox
CMS launches interactive online tool for public procurement remedies
Global Public Procurement Brochure – 2022
With over 170 public procurement specialists worldwide, the CMS Public Procurement Group offers you outstanding reach and capacity.CMS provides public tender support in 40 jurisdictions. Our specialists...
CMS Expert Guide to public procurement regulation
 July 2021Public 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 spend


On the Pulse Webinar Series 2023 - Autumn
On the Pulse webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector. The Autumn edition will see our CMS sector specialists cover: Commercial - Deal landscape and transaction trends in the Life Sciences SectorDispute Resolution - The midnight clause: why choice of law and jurisdiction clauses matterPublic Procurement - Typical pitfalls to be avoided in a procurement process for pharma and medical devices suppliesequIP - Pitfalls for life sciences start-ups to avoidEach webinar will be one hour in length with a 15-minute Q&A session.To register for the full series or just the topics of interest to you, click on the registration links below.To watch the Spring webinars in the On the Pulse series, visit here.
CMS Life Sciences Vital Signs, Winter 2023
2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed...
CMS Expert Guide on Real Estate Data Centre Consenting
Welcome to CMS’ online guide tool for data centre legal consenting considerations. Please use the tool to compare legal consenting considerations for data centre development and investment across key...
CJEU ruling on exclusive licences for mineral water springs, weighing in...
On 21 September 2023, the Court of Justice of the EU (CJEU) ruled on an issue regarding Romanian policies on the exploitation of its mineral water springs, and clarified a matter that stands at the intersection...
ACC Annual Meeting 2023
Meet our experts at booth #712
CMS Expert Guide: Right Bidding vs Bid Rigging
  What is bid rigging and why is it an important issue? Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best...
Race for Leadership: Energy Efficiency and Renewables Fund Seeks New Manager
The Bulgarian Energy Efficiency and Renewable Sources Fund (EERSF) is currently in search of a new manager for a 5-year term, in compliance with local laws. Only legal entities or associations thereof...
CMS Public Procurement Group
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 sector but also to certain utilities.Such bodies’ day to day business as well as any real estate developments, joint ventures, restructuring, reorganisation or sale programme cannot function without a proper understanding of how procurement regulates their plans.Con­tract­ors bidding for work with these bodies also need to be able to navigate this increasingly complex set of rules.CMS can help you through these processes. Our specialist procurement lawyers take a thorough approach to legal detail and can also stand back and see the bigger, commercial picture, to deliver the best results. CMS Public Procurement Group The CMS Public Procurement Practice Group comprises over 175 public procurement law specialists practicing public procurement law in 38 jurisdictions being located in 53 cities in Europe, Africa, Asia and Latin America – committed to assist you. Familiar with both sides of tender procedures CMS lawyers represent both contracting authorities and private companies participating as bidders in tender procedures. This long-lasting experience enables us to cover every aspect in complex tender procedures. Clients on the awarding side benefit from having the tender procedure structured in a legally secure way, while bidders have a better chance of winning the contract. Broad Sector Experience CMS public procurement specialists have particular expertise in following industry sec­tors:In­fra­struc­ture & Pro­jectsCon­struc­tion in­dustry­Health­care and Life SciencesEnergy & Climate ChangeFinancial Ser­vices­Trans­port­Waste disposalIT and tele­com­mu­nic­a­tions Our services for contracting authorities Pre-procurement market engagementChoice of procedure and strategic procurement planningProject man­age­ment­Draft­ing of tender notices and tender doc­u­ment­s­Respond­ing to bidders’ questions and any complaintsTender eval­u­ation­Pre­par­ing and conducting bidder discussions and ne­go­ti­ationsDe­brief­ing unsuccessful biddersContract award Our services for bidders Engaging public sector bodiesDeveloping bidding strategies for contract op­por­tun­it­ies­Form­ing bidding con­sor­tiaAd­dress­ing incumbent contractor advantages and ensuring a level playing fieldDealing with unfavourable contract spe­cific­a­tionsSup­port in complex procurement procedures (e.g. PPP, IT)Drafting and optimising submission documentsSupport for notification duties, as well as content and timing of procedural com­plaint­sEn­sur­ing proper debrief information is received if unsuccessful Procurement Litigation Another key area is advice on procurement review cases and appeals (procurement litigation). We regularly represent both awarding bodies and bidders in procurement challenges before the tribunals and courts in all the countries in which we operate, as well as in front of the European Commission and the European Court of Justice.If you want to know whether a specific decision in a tender procedure under a national procurement act can be challenged and how many days are available for remedies, make use of our CMS Public Procurement Remedies Toolbox. This online tool guides you through the national procurement acts and calculates the time period available for remedies. Leading individuals CMS lawyers in many countries have shaped the public procurement legal development through numerous publications, lectures and representations as well as involvement in law-making activities. This in-depth know-how and experience is accessible in all CMS jurisdictions because the CMS team is used to interacting seamlessly across all the countries in which we operate. Construction and service concessions, public-private partnerships The high complexity of the procurement of concessions and PPP projects requires extensive planning as well as project teams made up of specialists from different areas of expertise (procurement, construction, contract law, public commercial law, corporate law, project finance and tax law) working together in the same project. Close cooperation with partners from various CMS offices ensures that our lawyers can always draw on international experience and develop tailor-made solutions, also for local projects. Compliance Compliance is of special importance in public tender procedures. CMS helpsto establish efficient compliance management systems and to assist, if necessary, in investigations and sanctioning procedures in order to mitigate negative consequences such as procurement bans by International Financial Institutions. Interface with State Aid and Privatisations CMS supports its clients also in transactions in which procurement law implications are easily overlooked. Real estate transactions or privatisations may not only contain pitfalls made of state aid law but it may also be necessary to consider complex procurement law aspects. ESG Public tenders not only enable transparent procurement competition to ensure best value for money, but also allow public purchasers to use public funds to achieve environmental and social goals, which often become industry standards that are then applied to contracts between private parties.
Bulgaria to call for 4th tender for offshore Han Tervel Block
On 23 August 2023, the Council of Ministers voted to open another tender for awarding the Han Tervel block, offshore Bulgaria. The licence is for prospecting and exploration of oil and gas for an initial...
Use of AI in public procurement
There has been a huge surge in interest in Artificial Intelligence (“AI”) technology in recent months as consumer generative AI tools are starting to become integrated into day-to-day life.As the...
Hungary to amend public procurement law in 2023 autumn
Hungary has made a major amendment to the Hungarian Public Procurement Act (PPA) with the main modifications entering into force on 1 September and 12 October. The main modifications are aimed at ensuring...
Hungary’s pharma authority to merge with the National Public Health Centre
From 1 August 2023, the National Institute of Pharmacy and Nutrition (OGYÉI) will cease to exist as an individual authority and will merge with the National Public Health Centre (NNK), as published in...