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Public Procurement

Law Firm in the Netherlands specialised in Public Procurement

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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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
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...


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...
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...
Key changes for companies related to the new General Product Safety Regulation
On 30 March 2023, the European Parliament adopted the General Product Safety Regulation for consumer products, which replaces the General Product Safety Directive of 2001 (2001/95/EC). The Council must...
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
EU Commission proposes to modernise product liability rules for green and...
Current product liability rules, based on the 85/374/EGK Product Liability Directive (PLD), are nearly 40 years old and no longer suitable for the modern digital age. Among other things, the PLD is uncertain...
8th CMS Public Procurement Forum
We are delighted to announce that the 8th CMS Public Procurement Forum will take place in Oslo on Thursday, 22 September 2022 from 12:45 - 17:30 p.m. CET providing an update on European public procurement law. The programme will cover policy developments in the EU and recent and important decisions from the ECJ with high relevance in practice. In the second part of the event, we invite you to a comparative view sharing experiences from several jurisdictions on two topics with practical rel­ev­ance:decim­al­possible damages claims andtime limits and cut off for claims. The conference will be held in English and free of charge. There will be the possibility to participate remotely for anyone interested in these topics, but unable to attend in person. 
UPC Rules of Procedure go into force with judgments to be made public
The entry into force of the Rules of Procedure is part of the final preparations for the United Patent Court (UPC), which is currently expected to start work in early 2023. After the bodies of the UPC...
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...
Public procurement regulation in the Netherlands
October 2018 1. Where can one find public procurement notifications for the Netherlands? Online service: www. TenderNed. nl (mandatory, article 4.13 Procurement Act (Aan­bested­ing­swet 2012));Online service:...
Regulation on foreign subsidies is heading for the finish line - European...
Since 5 May 2022, EU trilogue negotiations have been underway on the first Regulation to limit the effect of subsidies from third countries to companies active in the EU. That an agreement will be reached...
CMS Expert Guide on rising raw material prices in Netherlands
1. Have specific legislative or regulatory provisions been adopted by the Government in relation to the increase in the price of raw materials? The Dutch government has not adopted any legislative or...