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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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17 December 2018
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...
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...
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09 February 2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
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...
July 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...
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...
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...
02/04/2020
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 sus­pen­dedThe Dutch...
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...
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...
12 March 2020
Top rank­ings CMS in Cham­bers Europe 2020
CMS is once again re­com­men­ded in the latest edi­tion of the Cham­bers Europe guide. Our teams in the Neth­er­lands are re­cog­nised for their sig­ni­fic­ant sec­tor ex­pert­ise, broad of­fer­ings, prag­mat­ic ap­proach...
11/03/2020
Pub­lic private part­ner­ships: Fin­an­cing PPP pro­jects by Paul Smith and Jonath­an...
What are the fin­an­cial as­pects of a PPP con­tract? Paul Smith, Part­ner CMS UK, Head CMS En­ergy, Pro­jects and Con­struc­tion Group and Jonath­an Dames, Part­ner CMS UK will be dis­cuss­ing learn­ings of fin­an­cing...
04/03/2020
Pub­lic private part­ner­ships: Ex­per­i­ences of a mar­ket party by Theo Winter...
What chal­lenges do mar­ket parties ex­per­i­ence in pro­cur­ing and ex­ecut­ing PPP pro­jects? As a rep­res­ent­at­ive of a con­tract­ing party, Theo Winter (Mem­ber of the Board of Dir­ect­ors of Dura Ver­meer) will dis­cuss...