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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 Romania, we work with our clients across the full-range of public procurement services, including assistance in investigations, state aid law and challenging tender decisions or processes before administrative tribunals in Romania. Our specialist procurement lawyers take a thorough approach to legal detail and can also stand back and see the bigger, commercial picture, to deliver the best results.

Our specialists have long-standing sector expertise across core industries including infrastructure, lifesciences/healthcare, 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 can also assist regarding feedback and debriefing and how to approach different regulated tender procedures. Additionally, we 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...
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...
26/01/2023
Romania clarifies scope of exclusion of bidders for anti-competitive conduct...
The Romanian Competition Council (RCC) and the National Authority on Public Procurement (ANAP) issued a joint "opinion" on the scope and limitations of public procurement laws requiring exclusion of bidders...
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...
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 Romania
1. Have specific legislative or regulatory provisions been adopted by the Government in relation to the increase in the price of raw materials? No specific legislative or regulatory provisions have been...
Comparable
21/04/2022
CMS Expert Guide on rising raw material prices
Companies in several sectors are currently faced with significant increases in the price of raw materials (including gas and petrol), or even shortages in or temporary interruptions to supplies. These...
24/11/2021
On the Pulse
Welcome to CMS ‘On the Pulse’ video/podcast series for all Life Sciences & Healthcare professionals – legal, compliance, regulatory