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Public Procurement

Contracting authorities and bidders, in local 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 emerging 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 Turkey and across CMS, our specialists have longstanding 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. Further, we can assist regarding feedback and debriefing and how to approach different regulated tender procedures. We also provide support before tribunals and courts across Europe.


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01/11/2021
Rat­i­fic­a­tion of the Par­is Agree­ment: an im­port­ant fur­ther step in Tur­key's...
On 6 Oc­to­ber 2021, in a long-awaited ac­tion, the Grand Na­tion­al As­sembly of Tur­key ad­op­ted the pro­pos­al to rat­i­fy the Agree­ment. As a res­ult, the law rat­i­fy­ing the Agree­ment was pub­lished in the Of­fi­cial...
31/08/2021
Pub­lic pro­cure­ment reg­u­la­tion in Tur­key
Au­gust 2021 1. Where can one find pub­lic pro­cure­ment no­ti­fic­a­tions for Tur­key? All tender no­ti­fic­a­tions and re­lated tender doc­u­ments are ac­cess­ible on­line through the Elec­tron­ic Pub­lic Pro­cure­ment Plat­form...
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...
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...
15/12/2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
22/07/2020
Glob­al Pub­lic Pro­cure­ment Bro­chure – 2020
With over 150 pub­lic pro­cure­ment spe­cial­ists world­wide, the CMS Pub­lic Pro­cure­ment Group of­fers you out­stand­ing reach and ca­pa­city. CMS provides pub­lic tender sup­port in 36 jur­is­dic­tions. Our spe­cial­ists...
05/05/2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
04/05/2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
14/04/2020
COV­ID-19 – Force ma­jeure in pub­lic pro­cure­ment con­tracts?
On 2 April 2020, Cir­cu­lar no. 2020/5 on the ef­fect of the coronavir­us (COV­ID-19) out­break on Turk­ish pub­lic pro­cure­ment con­tracts (the “Cir­cu­lar”) was passed with pres­id­en­tial de­cree and pub­lished...
27/03/2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
06/02/2020
Tur­key pub­lic pro­cure­ment tender thresholds for 2020
As of 29 Janu­ary 2020, the thresholds for pub­lic pro­cure­ment tenders have been es­tab­lished by the Turk­ish Stat­ist­ic­al In­sti­tute with the Pub­lic Pro­cure­ment An­nun­ci­ation pub­lished in the Of­fi­cial Gaz­ette...
14/10/2019
Man­dat­ory tender pro­ced­ure in Tur­key E-Pro­cure­ment: (E-İhale)
On 1 June 2019, a new era for the Turk­ish pub­lic pro­cure­ment sys­tem began. From that date, bid­ders may sub­mit the tender of­fers for pub­lic pro­cure­ments solely through the Elec­tron­ic Pub­lic Pro­cure­ment...