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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
Pub­lic 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 around 14% of GDP on the pur­chase of ser­vices, works and sup­plies” and EU coun­tries are not the only ones to re­cog­nise this. Know­ing the im­port­ance of hav­ing a re­li­able sys­tem to handle this spend­ing, coun­tries set out min­im­um har­mon­ised pub­lic pro­cure­ment rules. The CMS Pub­lic Pro­cure­ment Group of­fers you a com­pre­hens­ive guide to the most rel­ev­ant pro­cure­ment is­sues in 19 jur­is­dic­tions.In this CMS guide to pub­lic pro­cure­ment we set out the key rules, thresholds, and pro­ced­ures for con­tract­ing au­thor­it­ies and sup­pli­ers; in­dic­ate wheth­er it is man­dat­ory or vol­un­tary to use e-pro­cure­ment or e-sig­na­tures; and de­tail the ex­tent to which pro­cure­ment con­tracts can be amended after be­ing awar­ded.Our pub­lic pro­cure­ment spe­cial­ists cov­er the key ques­tions con­cern­ing ac­cess to and the con­duct of pub­lic pro­cure­ment com­pet­i­tions. They also high­light the key sim­il­ar­it­ies and im­port­ant dif­fer­ences between the na­tion­al re­gimes in 20 coun­tries: Aus­tria, Bul­garia, China, Colom­bia, Croa­tia, Czech Re­pub­lic, France, Ger­many, Hun­gary, Italy, Montenegro, the Neth­er­lands, Peru, Po­land, Por­tugal, Ser­bia, Slov­akia, Spain, Switzer­land and Tur­key. We ex­pect up­dates from oth­er jur­is­dic­tions where we have pub­lic pro­cure­ment ex­pert­ise in the com­ing months. If you have any ques­tions re­gard­ing pub­lic pro­cure­ment or if you need ad­vice re­gard­ing any of these jur­is­dic­tions, please feel free to con­tact the loc­al ex­perts who au­thored the rel­ev­ant chapters or any of the CMS pub­lic pro­cure­ment ex­perts in­cluded on the CMS Pub­lic Pro­cure­ment Con­tact Card. 
November 2019
E-pub­lic pro­cure­ment
On 18 Oc­to­ber 2018 ob­lig­at­ory e-pro­cure­ment rules entered in­to force in many EU mem­ber states. The CMS Pub­lic Pro­cure­ment Group has the pleas­ure of shar­ing key in­form­a­tion re­gard­ing mul­tiple jur­is­dic­tions.   Pub­lic pro­cure­ment is an im­port­ant part of the EU eco­nomy, ac­count­ing for around 15% of GDP. Not only that, by re­quest­ing new stand­ards of ser­vice and qual­ity, pro­cessing, and billing, con­tract­ing au­thor­it­ies have the chance to in­flu­ence lead­ing com­pan­ies’ de­cisions about stra­tegic in­nov­a­tion.That’s be­cause once com­pan­ies have im­ple­men­ted new sys­tems and stand­ards in or­der to com­ply with the de­mands of pub­lic tenders, they of­ten then ad­opt them as the in­dustry stand­ard, re­tain­ing them for smal­ler pro­cur­ing en­tit­ies.This also holds true for in­nov­at­ive pro­ced­ur­al de­vel­op­ments. The EU Pro­cure­ment Dir­ect­ives of 2014 com­pelled mem­ber states to fully im­ple­ment elec­tron­ic means of com­mu­nic­a­tion and pro­cure­ment. Mem­ber States were free to ex­tend the dead­line for im­ple­ment­a­tion set for 18 Oc­to­ber 2016 by two years. Most mem­ber states ex­er­cised that op­tion.This means that after 18 Oc­to­ber 2018 con­tract­ing au­thor­it­ies that fall un­der na­tion­al pro­cure­ment laws must use elec­tron­ic means to com­mu­nic­ate with eco­nom­ic op­er­at­ors dur­ing all stages of the pub­lic pro­cure­ment pro­ced­ure and elec­tron­ic tender plat­forms for all tender pro­ced­ures above the EU thresholds.Al­though the ob­lig­a­tion to in­tro­duce e-pub­lic pro­cure­ment ap­plies to all mem­ber states, the dir­ect­ives only set the frame­work and the goals to be achieved. There­fore, the im­ple­ment­a­tion and elab­or­a­tion of de­tailed na­tion­al le­gis­la­tion is up to mem­ber states. As a res­ult, the out­come of the im­ple­ment­a­tion var­ies from coun­try to coun­try.E-pro­cure­ment has also been im­ple­men­ted in sev­er­al jur­is­dic­tions out­side the EU. It is rel­ev­ant for all com­pan­ies world­wide be­cause it al­lows much easi­er, quick­er and cheap­er ac­cess to tender pro­ced­ures.Our bro­chure provides a snap­shot of how the im­ple­ment­a­tion of e-pro­cure­ment is tak­ing shape in vari­ous coun­tries and out­lines the main char­ac­ter­ist­ics of the na­tion­al e-pub­lic pro­cure­ment sys­tems. The aim is to provide a help­ful over­view for eco­nom­ic op­er­at­ors in­ter­ested in, or en­gaged with pub­lic pro­cure­ment pro­ced­ures both in­side and out­side the EU.If you have any ques­tions re­gard­ing e-pro­cure­ment or if you need ad­vice re­gard­ing any of these jur­is­dic­tions, please feel free to con­tact our loc­al ex­perts who au­thored the chapters or any of the CMS pub­lic pro­cure­ment ex­perts in­cluded on the CMS Pub­lic Pro­cure­ment Con­tact Card.
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02/04/2020
Neth­er­lands: guid­ance for Dutch pub­lic pro­cure­ment pro­ced­ures in re­sponse...
10 October 2019
CMS Ex­pert Guide to Pub­lic Pro­cure­ment
This guide provides an over­view on the EU Pub­lic Pro­cure­ment Dir­ect­ives and 20 na­tion­al pro­cure­ment laws fol­low­ing ten ques­tions, answered by CMS pub­lic pro­cure­ment spe­cial­ists.
05 May 2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
12 March 2020
Top rank­ings CMS in Cham­bers Europe 2020
04 May 2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
11/03/2020
Pub­lic private part­ner­ships: Fin­an­cing PPP pro­jects by Paul Smith and Jonath­an...
02 April 2020
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...
04/03/2020
Pub­lic private part­ner­ships: Ex­per­i­ences of a mar­ket party by Theo Winter...
Pod­cast
27 March 2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
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...
26/02/2020
Pub­lic private part­ner­ships: Rel­ev­ant ex­per­i­ence in the UK by Graeme Young...
Pod­cast
12 September 2019
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...
24/02/2020
Leg­al scen­ari­os for PPP pro­jects by Chris Jansen (Vrije Uni­versity Am­s­ter­dam)