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Public Procurement

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 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.

Pub­lic Pro­cure­ment Rem­ed­ies Tool­box
CMS launches in­ter­act­ive on­line tool for pub­lic pro­cure­ment rem­ed­ies
22/07/2020
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2020
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city. CMS provides pub­lic tender sup­port in 36 jur­is­dic­tions. Our spe­cial­ists...
10/10/2019
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

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21/01/2022
Court rules op­er­a­tion of “VIP” pro­cure­ment lane un­law­ful but re­fuses de­clar­at­ory...
The most re­cent ju­di­cial re­view chal­lenge to be brought and heard against the Sec­ret­ary of State for Health and So­cial Care (the “SoS”), this time in the Tech­no­logy and Con­struc­tion Court, con­firms...
18/01/2022
The Road to the (Autonom­ous) Fu­ture
It is no longer pos­sible to dis­cuss the fu­ture of trans­port without the ques­tion of autono­ma­tion be­ing raised. The ques­tion of ‘how long’ un­til Autonom­ous Vehicle (AV) de­ploy­ment be­comes a real­ity...
06/01/2022
Pub­lic pro­cure­ment – new thresholds for 2022
The pub­lic pro­cure­ment thresholds have changed for the United King­dom (Eng­land and Wales, North­ern Ire­land and Scot­land), ef­fect­ive from 1 Janu­ary 2022.  These changes are com­mu­nic­ated in Pro­cure­ment...
05/01/2022
New Amend­ments to the PRC Civil Pro­ced­ure Law
On 24 Decem­ber 2021, the 32nd ses­sion of the 13th Stand­ing Com­mit­tee of the Na­tion­al People's Con­gress (“NPC”) of the People's Re­pub­lic of China ("PRC") ap­proved amend­ments to the PRC Civil Pro­ced­ure...
23/12/2021
Post-Brexit pro­cure­ment re­forms to take shape in 2022
Earli­er this month, the Cab­in­et Of­fice pub­lished its plans for trans­form­ing pub­lic pro­cure­ment rules post-Brexit. The plans in­volve in­tro­du­cing le­gis­la­tion next year to be ad­op­ted and im­ple­men­ted though...
01/12/2021
Ad­min­is­trat­ive pro­ced­ure law fi­nally passed in Ukraine
On 16 Novem­ber 2021, the Ukrain­i­an par­lia­ment passed the long-awaited Draft Law No. 3475 “On ad­min­is­trat­ive pro­ced­ure” (Ad­min­is­trat­ive Pro­ced­ure Law) after the second read­ing, which was de­signed to...
01/12/2021
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...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
04/11/2021
The European Com­mis­sion launches second call for large-scale pro­ject pro­pos­als...
On 26 Oc­to­ber 2021, the European Com­mis­sion has for the second time ini­ti­ated a call for pro­pos­als of large-scale pro­jects, i.e. those with a cap­it­al cost ex­ceed­ing EUR 7.5 mil­lion, in the con­text of...
09/12/2021
CMS Pub­lic Pro­cure­ment For­um
Pub­lic pro­cure­ment on the move to eco­lo­gic­al trans­ition We are de­lighted to an­nounce that the 7th CMS Pub­lic Pro­cure­ment For­um will take place in Par­is on Thursday, 9 Decem­ber 2021 from 5:00 p.m. to...
01/11/2021
Rat­i­fic­a­tion of the Par­is Agree­ment: an im­port­ant fur­ther step in Tur­key's...
On 6 Oc­to­ber 2021, in a long-awaited ac­tion, the Grand Na­tion­al As­sembly of Tur­key ad­op­ted the pro­pos­al to rat­i­fy the Agree­ment. As a res­ult, the law rat­i­fy­ing the Agree­ment was pub­lished in the Of­fi­cial...
29/10/2021
EU Ac­tion Plan IP: Trans­par­ency to fa­cil­it­ate ac­cess to SEPs
In Novem­ber 2020, the European Com­mis­sion is­sued the Ac­tion Plan IP to out­line its strategy for the pro­tec­tion of in­tel­lec­tu­al prop­erty in the EU and to fa­cil­it­ate ac­cess to know­ledge, data and tech­no­logy...