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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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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...
Comparable
18/01/2022
The Road to the (Autonom­ous) Fu­ture
It is no longer pos­sible to dis­cuss the fu­ture of trans­port without the ques­tion of autono­ma­tion be­ing raised. The ques­tion of ‘how long’ un­til Autonom­ous Vehicle (AV) de­ploy­ment be­comes a real­ity...
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
04/11/2021
The European Com­mis­sion launches second call for large-scale pro­ject pro­pos­als...
On 26 Oc­to­ber 2021, the European Com­mis­sion has for the second time ini­ti­ated a call for pro­pos­als of large-scale pro­jects, i.e. those with a cap­it­al cost ex­ceed­ing EUR 7.5 mil­lion, in the con­text of...
26/10/2021
The European Com­mis­sion is­sues guidelines on the clos­ure of op­er­a­tion­al...
On 14 Oc­to­ber 2021, the European Com­mis­sion pub­lished its guidelines on the clos­ure of op­er­a­tion­al pro­grammes ad­op­ted for as­sist­ance from the European Re­gion­al De­vel­op­ment Fund, the European So­cial Fund...
08/09/2021
Ro­mania amends pub­lic pro­cure­ment law to ac­cel­er­ate con­tract ex­e­cu­tion...
The Ro­mani­an gov­ern­ment re­cently en­acted a Gov­ern­ment Emer­gency Or­din­ance, which amends the pub­lic pro­cure­ment leg­al frame­work in or­der to fa­cil­it­ate faster im­ple­ment­a­tion of ma­jor in­vest­ments, in par­tic­u­lar...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
01/04/2021
Ro­mania to re­strict third coun­try-bid­ders and products for pub­lic con­tracts
Ro­mania is in the pro­cess of ban­ning cer­tain non-EU and non-EEA coun­tries from par­ti­cip­at­ing in pub­lic pro­cure­ment pro­ced­ures in Ro­mania. After a Memor­andum out­lining this ban was first ap­proved by the...
10/03/2021
Ro­mania toughens rules for pub­lic pro­cure­ment by state hos­pit­als
In an at­tempt to pre­vent mis­use of pub­lic funds, the Ro­mani­an gov­ern­ment has is­sued new rules to in­crease trans­par­ency in pub­lic pro­cure­ment by pub­lic hos­pit­als. Ac­cord­ing to the new reg­u­la­tions, the...
11/02/2021
Ro­mania pub­lishes guidelines on changes to pub­lic pro­cure­ment and sec­tor­al...
In an at­tempt to bring clar­ity and a pre­dict­able frame­work for con­tract­ing au­thor­it­ies im­ple­ment­ing changes to pub­lic pro­cure­ment and sec­tor­al con­tracts, Ro­mani­a's na­tion­al au­thor­ity for pub­lic pro­cure­ment...
09/02/2021
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...