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Public Procurement

CMS is one of the biggest law firms in the world and provides local and international expertise across the full spectrum of Public Procurement.

The quality of public services is increasingly determined by the professional management of public procurement. Public authorities are increasingly responsible for not only organising and implementing their procurement processes in an effective and efficient manner, but are also being asked more frequently and more insistently to incorporate requirements and criteria into their procurement that contribute to more sustainable, innovative or social objectives. The parameters within which public bodies must tender are not always easy to identify, but must be derived from complex legal, national and European rules, which sometimes also follow from case law. The knowledge that a wrong choice can immediately lead to legal escalation makes contracting authorities cautious and, as a result of this caution, they may not always or not always sufficiently exploit the potential that exists.

CMS has in-depth expertise in the procurement of works, supplies, services, and concessions. In this regard, we have experience in advising both contracting authorities and bidders. Our clients include provinces, municipalities and water boards, contractors and ICT companies. We also count educational institutions, healthcare institutions, transport institutions and housing associations among our clients.

We are proud that our clients enjoy returning to us. We are therefore committed to long-term relationships based on trust and the conviction that we are working together towards the same goal.

Solutions for contracting authorities and registering parties

We have over 100 procurement specialists in 36 countries, giving us global reach. This enables us to assist you not only with national procurement procedures, but also with tenders in other countries or tenders with a cross-border aspect. We are increasingly seeing our clients working across national borders, and they appreciate being able to call on a trusted advisor outside the Netherlands.

This approach means that we can assist you in complex procurement issues with concrete, practical advice and tools regarding, for example, the drafting of tender documents and agreements, the formation and composition of bidding consortia, the protection of confidential information, antitrust issues, evaluations, specific rules on framework agreements, concession contracts and complex public-private partnership projects (PPPs). If you are unsure whether a tender has been conducted correctly, whether the outcome is lawful, or whether you are encountering problems in the performance of the contract after it has been awarded, we will be happy to assist you in or out of court.

Our legal areas of expertise within Public Procurement

Within the Public Procurement group, we specialise in supervising tendering procedures, assessing tenders, drafting award decisions, ensuring that tenders for tendering procedures are legally correct, co-drafting tender documents or drawing up tender and procurement policy, and conducting (urgent) proceedings in tender disputes before the Arbitration Board, the civil court and the Committee of Experts on Public Procurement, as well as litigating on awarded contracts.

But we also tackle more fundamental issues, such as the granting of permits for charging stations along Dutch motorways. In large tenders, we advise with a broad perspective, not only on the tender itself but also on combination and financing structures, subcontracting and post-award implementation disputes.

Public Procurement references in the Netherlands

  • VodafoneZiggo

    CMS acts as trusted advisor for VodafoneZiggo, supporting them in preparing strategic bids not only in formal – European – tender procedures, but also in other requests for proposals and auctions. If necessary, we act as council in court.

  • BT

    CMS assists BT as its legal counsel in a wide range of areas of law including public procurement law.

  • Public Transport provider

    CMS is the regular attorney of one of the largest public transport companies in the Netherlands. CMS advises on legal issues which arise during the execution of its public transport contracts. These legal issues relate to a variety of disciplines, such as contract management, contract law, passenger transport law and public procurement law.

  • KVK (Dutch Chamber of Commerce)

    As the trusted advisor of the Dutch Chamber of Commerce CMS advises in several procurement law cases. Recently we guided a complex ICT-tender procured via a competitive dialogue. CMS drew up all procurement documents and tailor-made contracts. The procedure was successfully completed.

  • Waterschap Rivierenland (Waterboard Rivierenland)

    Advised on the tender procedure for the reconstruction of an important dike. The waterboard opted for a two-stage tender process, which is an innovative way to tender and often used as an alternative for the more traditional DBFM agreements. The tender has been completed successfully.

Further reading

  • Subscribe to Public Procurement topics

  • Public procurement regulation in the Netherlands

  • CMS input for evaluation of Directive 2014/24/EU on public procurement

Events

  • Netherlands
    03 Mar 2026

    IP Insights webinar series 2026

  • Netherlands
    19 Mar 2026

    CMS Nordic Health Summit

  • Netherlands
    23 Mar 2026

    CMS at PTMG Spring 2026

  • Netherlands
    21 Apr 2026

    On the Pulse webinar series 2026 - Spring

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We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.

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