Practices - Public Procurement & PPP

Services for Tenderers & Contractors

Tender Phase
We advise economic operators for the entire tendering process from identifying business opportunities, to drafting requests for clarification, reviewing or drawing-up tenders, drafting subcontracting or consortium agreements, responding to calls to tender as well as challenging illegal decisions or acts of contracting authorities/entities or lodging complaints before the European Commission regarding the infringement of the EU legislation.

Project implementation phase
We assist our clients on significant issues such as adjustment of contract prices, interpretation, amendment or termination of contracts and change of subcontractors. Also, the team represents its clients in disputes on the interpretation, performance or termination of contracts, both in the amicable settlement phase and in front of the courts. It was not once that we challenged the abusive termination of contracts, payment delays or refusals, as well as the performance ascertaining documents issued upon contract termination.

Services for Contracting Authorities & Entities

Tender Phase
We assist contracting authorities/entities in structuring and implementing public procurement & PPP projects, having a broad experience in establishing the legal framework applicable to a specific project and the most efficient contract award procedure, drawing-up or reviewing award documentations and calls for tenders, verifying the tenders’ eligibility or assessment of tenders, negotiating or concluding public procurement & PPP contracts, as well as in review proceedings in front of the administrative and/or judicial bodies.

Project implementation phase
We advise our clients on significant issues such as adjustment of contract prices, interpretation, modification or termination of contracts, change of subcontractors. Furthermore, the team represents its clients in disputes on the interpretation, performance or termination of contracts, both in the amicable settlement phase or in front of the courts.

Services for International and Foreign Trade Organisations

We support international organisations by drawing up reports on the effectiveness of the Romanian public procurement system and/or legislation. Additionally, in light of the increasing interest of foreign investors in the Romanian public procurement market, we also advise foreign trade organisations to support overseas companies interested to enter this market, by drafting public procurement guides, identifying relevant business opportunities or offering general advice on procurement strategy and procedures.

Public Procurement & PPP

Litigation

We represent our clients in review procedures before various procurement review bodies, such as the National Council for Solving Complaints (NCSC), as well as in contract performance disputes in front of the competent state or arbitration courts. Over the past 10 years, our team obtained ground breaking decisions in high profile mandates.

Contracts

We advise our clients on the drafting of clarification requests on contract clauses and of amendment proposals, as well as on the negotiation, conclusion, amendment, performance or termination of public procurement & PPP contracts, subcontracting or consortium agreements.

Competition & State Aid

We advise our clients on identifying the risks and preventing bid-rigging in tender procedures, a significant ground for exclusion. We also represent our clients during the Competition Council’s investigation on bid-rigging practices or the challenge of its decisions in court.

Non-refundable Funds

We counsel private or public undertakings for the implementation of projects financed through non-refundable funds (e.g. European, Norwegian) on the award, conclusion and performance of contracts. We also often challenge the financial corrections applied to such projects for alleged infringements of public procurement legislation.

Regulatory & Compliance

Procurement projects often involve complex regulatory rules applicable for the specific industry, from construction of buildings to major infrastructure, from oil & gas to renewable energy, from medical equipment to pharmaceuticals, from defence & security to high-end technologies, from agricultural products to education services, to mention only some.

Public Law

When awarded by state bodies, procurement projects are also covered by public law. Mastering the rules on access to public information can make a difference in these projects, while a thorough knowledge of the contentious administrative law can change the fate in many procurement disputes.

Infrastructure

Highways

We advised two major Romanian companies in connection with the award or performance of several contracts concluded for some of the most important highways projects in Romania, such as Timisoara-Lugoj or Suplacu de Barcau-Bors, worth of over EUR 300 million.

City ring belts

We advised both an Italian and a Romanian company on the interpretation, amendment and performance of FIDIC contracts concluded for the design and execution or the modernization and rehabilitation of ring belts around several important Romanian cities such as Satu Mare, Targoviste, Targu-Jiu or Alesd, worth of over EUR 200 million.

Railways

We advised an important German company with regard to the award procedure of several works contracts, such as a contract for the rehabilitation works of bridges, culverts and tunnels on the SRCF Galati railway, with a total estimated value of over EUR 50 million.

Roads, water and sewage infrastructure

We advised tens of Romanian and international companies for the on-going preparation of tenders and participation in award procedures, as well as for contract amendment or termination, including in the arbitration and litigation phases, related to construction, rehabilitation or modernization of local roads, water, sewage and waste management infrastructure, urban street network, sidewalks and public lighting, totaling over EUR 200 million.

Real Estate & Construction

Leisure clubs with European funds

We advised and represented major Romanian developers for the application of public procurement rules and procedures for the award of works and supply contracts related to the construction of two luxury leisure compounds in Bucharest and Constanta, financed through the European Regional Development Fund, with a total value of over EUR 30 million.

Schengen centre

We represented a major Irish company in a seven-year dispute against the Romanian government concerning the performance of a public procurement contract for consulting services and technical assistance for the construction of a multifunctional Schengen centre.

Industrial sites

We advised a renowned international company on the participation in several award procedures of works contracts, including for the rehabilitation of a large industrial site and its preparation for new activities, with an estimated value of approximately EUR 20 million.

Modernization works

We represented a Romanian company in front of National Council for Solving Complaints (NCSC), other competent courts of appeal and the High Court of Cassation and Justice, in challenging a public procurement procedure for the award of the works contract for the modernization of the Lupoaia excavator, organized by Oltenia Energy Complex.

Defence & High-end Technology

Surveillance technology

We advised a Hungarian company specialized in design and manufacturing of surveillance systems, with the preparation of the tender documents to be submitted within the award procedure of a framework agreement for the supply of surveillance vehicles with thermo-vision, with an estimated value of EUR 12 million.

Aircrafts

We assisted a German company with the preparation of the tender and the participation in an award procedure of a supply contract for the purchase of an aircraft, organized by the Romanian Civil Aviation Authority.

Weapons and ammunition

We advised and represented a Romanian company before the National Council for Solving Complaints (NCSC) and the competent courts of law in disputes arising from the award and performance of public procurement contracts in the weapons and ammunition field. We also advised the company during the Competition Council’s investigation on procurement bid-rigging.

Cutting edge technologies

We advised a well known Japanese company that distributes and manufactures cutting edge technologies on the procedures to obtain the electronic signature and to register in the Electronic Public Procurement System (SEAP or SICAP).

IT & C

Integrated national IT system

We advised and represented a consortium of major IT&C companies with regard to the award by the Ministry of Informational Society of the contract for the integrated IT system for issuing civil status documents, with an estimated value of EUR 30 million. We also filed several complaints with the European Commission regarding the infringement of EU public procurement legislation by contracting authorities and the Romanian legislator.

Telecommunications equipment

We advised the main supplier of broadcast and mobile communications antennas on the Romanian market, on the preparation of tenders, the participation in award procedures, the challenging of contracting authorities’ decisions, the conclusion of subcontracting and consortium agreements, the use of the electronic signature or the performance of contracts.

Software development

We provided legal assistance and consultancy to several smaller Romanian IT companies with regard to the preparation of tenders or challenging public procurement procedures organized for the award of contracts for software development.

Computer hardware supply

We advised two major Romanian companies regarding the award of supply contracts for computer hardware, printers, copiers or fax machines. We also advised them on the strategy to be followed subsequent to a negative ascertaining document issued by a contracting authority with regard to the performance of a public procurement contract.

Energy

Oil & Gas

We advised the major oil & gas Romanian company on the award of complex utilities contracts and framework agreements, with an estimated total value of over EUR 1,5 billion, through a wide range of procedures, such as negotiated, open or restricted procedures.

Natural gas

We advised the most important Romanian manufacturer of equipment and facilities, provided for the production, shipment and distribution of natural gas, for the award procedures of several utilities contracts, as well as on the performance of ongoing contracts, including BRUA related contracts, with an estimated value of over EUR 70 million.

Fuel distribution

We provided legal advice to a major Hungarian company in a tedious process regarding both the preparation of the tender and the participation in a procedure for the award of a concession contract for fuel distribution services, organized by the National Company of Motorways and National Roads in Romania for one of the newest highways in the country.

Wind power plants and biogas installations

We advised an important consultancy company in the wind power industry on organizing a procedure for the award of wind turbines supply contract. We also challenged financial corrections of over EUR 3.5 million related to the award of three public procurement works contracts for the construction of several wind power plant and biogas installations, financed through the Sectoral Operational Programme “Increase of Economic Competitiveness”.

Healthcare

Ambulance supply

We advised a French-Romanian consortium on the award procedures of several framework agreements for the supply of ambulances, awarded by the General Inspectorate for Emergency Situations and the Romanian Ministry of Health, with an estimated total value of over EUR 300 million.

Pharmaceuticals

We represented one of the world leading gas and engineering companies in challenging several award procedures for the supply of medical oxygen and other gases, organised by hospitals all over the country, as well as for disputes arising from the performance of framework agreements concluded with such hospitals, with an estimated total value of over EUR 5 million.

Medical equipments

We advised and represented the official distributor of a world leading medical systems manufacturer on the participation in several public procurement procedures and the performance of procurement contracts, as well as with regard to a significant number of public procurement disputes, with a total estimated value of over EUR 400 million.

Catering and cleaning products

We advised and represented several well renowned Romanian companies concerning the award and performance of contracts or framework agreements for food supply, laundry and disinfection services or supply of cleaning products and materials for municipal hospitals from all over the country, with a total estimated value of over EUR 10 million.

International & Foreign Trade Organisations

Due diligence of procurement procedures

We assisted a Norwegian trade organisation with the due diligence of procurement procedures organised for the award of contracts financed through the Norway Grants, in order to verify the compliance of implemented projects with the applicable public procurement rules.

Legal guide on public procurement

We advised an external trade organization on supporting Japanese companies interested in entering the Romanian procurement market by drawing up a legal guide on the Romanian public procurement system and legislation.

Remedies law report

We supported a multinational development bank by drawing up a report on the effectiveness of the Romanian public procurement remedies system and legislation, aimed at helping the Romanian Government to reform the remedies legislation.

Anti-corruption legislation report

We supported a European organisation by drawing up a report on the effectiveness of the Romanian anti-corruption legislation, with special regard to the field of public procurement.

Education & Tourism

Education services

We advised a leading international provider of educational services on the award procedure of a concession contract for the establishment of a foreign campus by a Romanian university, with a total estimated value of over EUR 300 million.

School books

We advised and represented an important local publishing house before the National Council for Solving Complaints (NCSC) in connection with the procedure for awarding a public procurement contract involving the purchase of school books, organized by the Romanian Ministry of Education.

Dairy and bakery products

We advised two leading Romanian bakery and dairy product suppliers on the participation in awarding procedures, the challenging proceedings or the performance of contracts awarded within the programme for offering bakery and milk products to students from state schools, with a total value of over EUR 50 million. We also advised the dairy company during the Competition Council investigation on procurement bid-rigging.

International tourism exhibitions

We provided an important tourism company general ongoing consultancy services regarding the participation in awarding procedures or the performance of procurement contracts. We also represented the company in several litigations against the Romanian Ministry of Tourism regarding both award procedures and performance of procurement contracts.

Iulia Vass

With over 14 years of experience and a UK LLM in public procurement, Iulia is acknowledged by Legal 500 as Leading Individual for PPP & Procurement, being praised for her ‘capacity to draw scenarios regarding a certain case and anticipate the results’.

Bianca Bello

With over 10 years of experience in public procurement, Bianca is recommended by Legal 500 as being ‘professional and thorough‘. Her work is mainly focused on procurement consultancy.

Alexandra Mititelu

With over 7 years of experience in public procurement, Alexandra is recommended by Legal 500 for ‘identifying with the client in every case‘. Her work is mainly focused on procurement litigation.

Belgin Boras

With over 5 years of experience in public procurement, Belgin is an important member of the ‘great team that works like a Swiss watch‘, being involved in both consultancy and litigation projects.

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