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Public Procurement

Contracting authorities and bidders in local, EU and international procurement procedures, need to rely on legal advice informed by extensive experience on both sides of the process. Public procurement legislation has undergone some significant changes in Central and Eastern Europe in recent years. Despite legislation moving closer towards harmonisation with the EU, many practical challenges remain.

CMS has worked on scores of complex projects in the region over the last two decades and fields specialist public procurement lawyers across 15 full-service offices. Our lawyers offer a powerful combination of local expertise and insight coupled with international know-how and perspective on public procurement issues. We can guide you through complex public tender issues, from the formation and building of bidding consortia, concession contracts and sophisticated PPP projects, through to compliance, investigations and procurement-related disputes and litigation.

In Poland and across CMS, our specialists have longstanding sector expertise across core industries such as infrastructure, life sciences and healthcare, aviation, transport, and technology, media and communications. 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 PPP projects. We also advise on feedback and debriefing and how to approach different regulated tender procedures. And finally, we also provide support before tribunals and courts across Europe, or in front of the European Commission.


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08/11/2023
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...
26/10/2023
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...
21/04/2023
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...
31/03/2023
CMS Expert guide on Right Bidding vs Bid Rigging
Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best possible financial and service delivery terms. An efficient...
28/03/2023
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...
20/02/2023
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...
14/02/2023
Public Procurement Office publishes guidelines for environmental and social...
On 6 February 2023 the Public Procurement Office (“PPO”) published three documents comprising a package of good practices for environmental and social criteria for bid evaluation. The pub­lic­a­tion...
05/12/2022
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...
13/09/2022
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...
26/08/2022
Public procurement regulation in Poland
December 2018 1. Where can one find public procurement notifications for Poland? Information about public tenders in Poland may be found in the online version of the Supplement to the Official Journal...
24/06/2022
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...
10/06/2022
CMS Expert Guide on rising raw material prices in Poland
1. Have specific legislative or regulatory provisions been adopted by the Government in relation to the increase in the price of raw materials? Neither the Polish Parliament nor the Council of Ministers...
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