PPP Public Procurement

Most representative projects

BOGARU, BRAUN NOVIELLO & ASOCIATII (see profile ...)

Assisting Luxembourg-based companies in the acquisition of Romanian Target Company, negotiating deal structure and drafting legal documents.

Assisted Israeli developer in proposed acquisition of Romanian energy producer with the purpose of wind farm development.



BONDOC SI ASOCIATII SCA (see profile ...)

Successfully represented Rosenbauer AG, the largest European producer of vehicles and devices for in the fire protection industry, in consortium with a Romanian entity, Deltalift, in a challenge of a major public procurement procedure for acquisition of hydraulic platforms by the Romanian State Inspectorate for Emergency Situations, funded with European Union grants. The firm's litigation and public procurement team succeeded to prevail before the court and to overturn a negative result in the administrative-jurisdictional phase of the challenge of the awarding of the contract for the client by the other offeror in the procedure. The result obtained by the team secured the execution of the contract by the client, it being a major victory which confirms the outstanding value of the firm's professionalism and expertise in public procurement litigation.

Represented the Romanian division of the pharma multinational Sandoz, in a very large public procurement dispute related to the provision of medicines for two years for the national programmes of oncologic treatments, carried on and financed from the budget of the Ministry of Health. The procurement procedure had been challenged by the former provider of innovative medicines for the same therapeutic indication, who wanted to preserve his contract and the priority in supply beyond the protection period for the innovative medicine. Nevertheless, both the judicial administrative bodies and the court dismissed the former provider challenges and uphold the decision of the contracting authority to organize the purchase of generics, allowing the client to bid for this publicly funded health program.

Representing MBS Group, a major Romanian construction business, in the challenge of a large public procurement procedure regarding the construction of a sports facility in the town of Oradea, NW Romania. The case is very complex, involving numerous law areas on the substance of the case.

Specialist lawyers: Lucian Bondoc, Viorel Dinu, Simona Petrisor, Ioana Katona.



CLIFFORD CHANCE BADEA (see profile ...)

Advising a leading European company in connection with the amendment of a construction contract concerning the rehabilitation of a power plant.

Advising the public sector on the preparation and implementation of a public - private partnership (PPP) for the construction of an important regional hospital.

Advising a potential bidder in the public procurement process for a major PPP project in the road infrastructure sector.

Advising a leading European construction company in connection with public procurement challenges for the award of a major railway infrastructure contract.

Specialist lawyers: Andreea Sisman, Simona Neagu.



D&B DAVID SI BAIAS SCA (see profile ...)

The team specialized in public procurement and European funds provides consultancy and legal representation on the preliminary issues which equally concern the procedures for awarding several public procurement contracts by the contracting authority, and also to the aspects related to obtaining non-reimbursable funds for carrying out modernization of the irrigation systems for which the respective public procurement contracts are to be concluded.

The team specialized in public procurement and European funds is assisting and representing a national company acting as a leader in the defence and security market, more than 20 disputes in the last year, in relation with the public procurement procedures afore the National Council for Solving Complaints and all competent courts of Romania in a significant number of complaints and appeals against the decisions of the contracting authorities or in challenging the documentation/result of the public procurement proceedings, as well as in disputes related to the performance/suspension/annulment of the public procurement contracts.

The law firm successfully assisted and represented a national company in a dispute regarding the annulment of an undisclosed procurement procedure for ammunition organized by derogation from the public procurement law, with an estimated maximum value of about 2.5 million. During the procedure, the team also obtained a decision from the High Court of Cassation and Justice of Romania ruling, for the first time in Romania, that the specialised public procurement courts are competent to analyse the legality of the initial decision of the contracting authority to apply for an undisclosed public procurement procedure. 

Specialist lawyers:Amelia Teis.



GNP GUIA NAGHI & PARTNERS (see profile ...)

Legal assistance for a major company in the forestry sector on developing internal policies are rules to be implemented by the acquisition departments regarding participation to public tenders for acquiring timber.

Legal assistance for a major pharmaceutical company on enforcement of a framework agreement on public procurement of National Immunization Program vaccines, as well as the subsequent contracts. The firm provided legal advice on the interpreting of contractual provisions in order to ensure compliance of all actions with the legal framework.

We provided advice and legal opinions for a major Romanian vertically integrated company active in the pharma sector on matters relating to the applicability of the provisions in public procurement matters.

We provided services for a major Association of public interest consisting in consultancy regarding the management of the Association 's funding sources. Also, the team analyzed the contracts concluded by the Association with different partners from the perspective of the rules applicable to public procurement.

Specialist lawyers: Manuela Guia, Bianca Naghi, Tudor Nacev.



GRUIA DUFAUT LAW OFFICE (see profile ...)

Legal assistance and advice for the largest telecommunications operator for the preparation of documentation and offers in public procurement procedures. Also the law firm offered assistance in drawing up requests for clarifications, consultancy and representation in possible appeals before CCSN, assistance in disputes regarding the organization of tenders and the conclusion of public procurement contracts as well as in disputes arising during the execution of the contract, verification of compliance of documents with legal principles and provisions.

Provided legal assistance during judicial proceedings related to transport infrastructure contracts.

Assisted an important player in the health sector in connection with public procurement procedures.

Assisted a large auto spare parts supplier during public procurement proceedings.

Specialist lawyers: Loredana Van de Waart, Teodora Koletsis, Cristina Bojica, Madalina Marineanu.



IONESCU SI SAVA SCA (see profile ...)

The firm's team, led by Alina Nica, was requested by Mercedes-Benz Romania to issue an interesting and challenging legal opinion related to a procurement procedure to which the client participated and which also have been won by it. The challenge was given by the fact that during the procedure the client’s activity was divided and part of its activity was attributed to a new entity of Daimler Group. The team had to identify the solutions to maintain the performance of the agreement by either of the two entities, with the consent of the contracting authority and with full compliance of the Romanian legislation.

The law firm's team, led by George Ionescu, assisted the 4th District of the Bucharest Municipality during the expropriation procedure performed by the client in order to implement a public utility project, namely the rehabilitation and modernization of Giurgiului Road, one of the most important roads in Bucharest and of its surrounding areas, connecting the Romanian capital to the southern zone of the country. The value of the expropriation procedure was approx. €685,000 and the total investment cost of the public utility project reached to approx. €652,000.

The team, led by George Ionescu, offered full consultancy services to the Market Department and Activity Management of the 4th District of Bucharest Municipality, with respect to public procurement procedures performed for acquiring the necessary services related to its activity, advised the public entity on aspects related to its day-to-day issues, analyzed and legally approved the conclusion of all public procurement agreements concluded by it and assisted the client during negotiations with all suppliers and economic operators which intended to rent a commercial space within the markets under the administration of our client.

The law firm's team, led by Otilia Sava, has been involved, from the preliminary stages, in one of the largest urban regeneration projects in Romania after 1990, which will be developed in Bucharest on a surface of more than 100 ha. The team has participated together with the client to the international presentation of the project, a real estate event, which gathers the most important players from all sectors of the international property industry. The firm is involved in all phases of the project implementation, from planning to representing the client before potential general contractors and interested funding institutions.

Specialist lawyers: Alina Nica, George Ionescu, Otilia Sava.



KINSTELLAR (see profile ...)

Advising a consortium of international companies on the PPP project for the Targu Neamt - Iasi motorway valued at over €1 billion.

Advising a consortium of international companies on the Metrorex tender for the Metro line phase 1: 1 Mai - Tokyo stations valued at approx. €265 million.

Advising Siemens on various public procurement aspects in connection with public tenders in which the client participates either as bidder or as subcontractor and/or third supporting party (industrial infrastructure projects focusing on engineering, IT and development services acquisition).

Advising a confidential client, one of the leading natural gas exploration companies to work locally, on various public procurement aspects relating to their exploration and exploitation gas project in the Black Sea.

Advising a confidential client, an Israeli pharmaceuticals company, on various areas of public procurement processes and related proceedings concerning the public health system in Romania.

Specialist lawyers: Iustinian Captariu, Remus Codreanu.



MUSAT & ASOCIATII (see profile ...)

Advising Damen Group, one of the largest ship builders in the world, in multiple public procurement procedures, including the EUR 1.2bln tender for the acquisition of four multifunctional corvettes and the establishment of maintenance centers in Romania run by the Romanian State, or the acquisition of the Mangalia Shipyard, and the partnership with the Romanian State for the operation of the shipyard postacquisition.
Specialist lawyers: Razvan Stoicescu, Angela Porumb, Liviu Viorel, Adrian Danciu.

Assisted Motorola Solutions, a global leader in mission-critical communications products, in (i) the largest public procurement procedure in the region for TETRA infrastructure (a project run by the Romanian Service for Special Telecommunications), and (ii) multiple tenders for telecommunication equipment and infrastructure (body cameras, communication terminals and base stations) organised by the Ministry of Internal Affairs and other Romanian public authorities.
Specialist lawyers: Razvan Stoicescu, Angela Porumb, Pompilia Grigoras, Valentina Burada.

Advising Harris Corporation in relation to its involvement within the public acquisition procedure in Romania and follow-up offset investment obligation associated with the acquisition.
Specialist lawyers: Iulian Popescu, Ana Maria Abrudan, Andrei Ormenean.

Representing Leviatan Design SRL on the public acquisition project organized by Romanian Ministry of Defence, for the development of one of the biggest military NATO bases in Romania.
Specialist lawyers: Iulian Popescu, Ana Maria Abrudan, Andrei Ormenean.

Advising Ubitech Constructii SRL (a local leading company that offers technical and engineering services), in connection with the military public  acquisition project for the realization of a static infrastructure of the South East Multinational Corps Command. 
Specialist lawyers: Iulian Popescu, Ana Maria Abrudan, Andrei Ormenean.



NESTOR NESTOR DICULESCU KINGSTON PETERSEN (see profile ...)

Assistance and representation of a multinational conglomerate company in relation to the acquisition of electric train for the entire rail works network.

Assistance provided to a client active in the healthcare industry in the tender procedure for the awarding of the PPP contract for design and build of Multifunctional Clinic.

Assistance provided to a client active in the shipbuilding industry in the public procurement contract for the supply of two maritime tugs.

Assistance provided to the Romanian subsidiary of one of the world’s leading healthcare companies in the tender procedure organized at the national level for acquisition of oncologic medicines.

Assistance provided to an Italian construction and civil engineering company in relation to the implementation of a railway rehabilitation contract.

Specialist lawyers: Adriana Gaspar, Adina Chilim-Dumitriu.



PELI PARTNERS (see profile ...)

Assisting AFI Europe, a leading real estate development and investment company in Central and Eastern Europe and a prominent player on the Romanian market, in relation to the negotiation and signing of the pre-sale agreement for the acquisition of 75% of the participation in the project company developing “Casa Radio”, a public-private partnership, from a company controlled by Plaza Centers NV.

Assisting GLL Real Estate Partners in relation to the sale of Floreasca Park an office complex located in the northern part of Bucharest, having a total leasable area of approx. 40,000 sqm, by way of a share deal to Resolution Property and Zeus Capital Management.

Assisting Skanska in relation to (i) the sale in a share deal of two of its special purpose vehicles currently developing Campus 6.2 and Campus 6.3 office projects, consisting of two office buildings with a total GLA of 37,900 sqm, having Microsoft Romania and Societe Generale European Business Services as anchor tenants; and (ii) the development of (a) Campus 6, an office complex of approx. 82,000 sqm GLA, and (b) Equilibrium, an office building complex of approx. 40,000 sqm GLA.

Assisting Forte Partners, one of the main local developers, very active on the Romanian market, in connection with (i) the development of the final phase of The Bridge office complex; and (ii) the negotiation of FIDIC-based construction agreements for the development of the third phase of The Bridge, the U Center, Tandem Offices and of The Millo Offices Development office project, including advice on possible impact of Sars-Cov-2 related governmental measures on the continuation of construction works.

Assisting Portland Trust in connection with (i) the sale by means of a share deal of Oregon Park, its office project located in Bucharest, consisting of approx. 70,000 sqm of leasable area, to Lion’s Head Investments, a joint venture between South African investment fund Old Mutual Property and AG Capital; and (ii) the development of Expo Business Park, an office project consisting of three buildings with an approx. GLA of 39,000 sqm developed in Bucharest, Expozitiei area.

Specialist lawyers: Francisc Eduard Peli, Oana Badarau.



POPOVICI NITU STOICA & ASOCIATII (see profile ...)

Assisted the Local Council of Mogosoaia on the PPP tender for the development of Carol Davila Universitary Medical City. 

Advised SAP on a public procurement tender organised by the Romanian Competition Council for the acquisition of a Big Data Platform.

Assisted an Austrian IT company on the successful settlement of a public procurement dispute in relation to the delivery of an integrated informatic system for the control of road traffic in Romania.

Advised Swietelsky on the successful award of an €700 million public procurement contract concerning railway rehabilitation works. 

Assisted Siveco on the successful award of a public procurement contract concerning maintenance, extension and development of the informatic system of the Paying and Intervention Agency for Agriculture - APIA.

 

Specialist lawyers:Florian Nitu, Alexandru Ambrozie, Ramona Pentilescu, Alexandru Ciacoi.

 



SUCIU POPA (see profile ...)

Advising an international company acting in the production and supply of cement, raw materials, precast products, and prefabricated houses, in connection with the structuring and overseeing participation in the tendering organized by the National Company for Road Infrastructure Administration SA for the acquisition of concrete vehicle road restraint systems, including by all relevant contracts and subcontracts, joint venture etc.

Advising an oil & gas international group on various corporate and regulatory matters in connection with two of its subsidiaries in Romania, listed on the Bucharest Stock Exchange, as well as in connection with structuring and creation of an investment fund.

Advising an international air service provider in relation with the legal effects of a joint-venture contract concluded with the Romanian State through the National Airport Company for the development and operation of the food and beverage location facilities inside the National Airport Henri Coanda in Bucharest

Representing a construction company based in Germany in few disputes (DAB) with contracting authorities in Romania, in pre-arbitration phases, involving multiple FIDIC claims.

Advising one of the largest energy providers in Europe in relation to an unbundling project and all the legal matters arisen as a result of secondary legislation regulation by ANRE, for the application of the third energy package directive.



TUCA ZBARCEA & ASOCIATII (see profile ...)

 

Legal assistance to Eurotransgaz SRL, Transgaz’ subsidiary in Moldova, concerning the award of works contracts for the execution of the Pipeline interconnecting Romania’s Gas Transmission System with Moldova’s Gas Transmission System, Phase II, for the Iasi-Ungheni-Chisinau Direction.

Legal assistance to a Chinese company in connection with the award procedure carried out for Modernisation port infrastructure by increasing the depths of fairways and docks and enhancing the safety of navigation in the Port of Constanta.

Legal assistance to Telekom Romania, Telekom Romania Mobile in connection with a 84 million concession contract for the construction and operation of the backhaul elements of an electronic communications network in Romania.

Assistance to a multinational company, on the public procurement law matters regarding works execution of a public acquisition contract in the railway sector, amounting to several hundreds of millions of Euro.

Advising China General Nuclear Power Corporation on a large-scale investment estimated at 7.2 billion for the development of Units 3 and 4 at the Cernavoda Nuclear Power Plant.

 

Specialist lawyers:Serban Paslaru, Vlad Cercel.



VILAU | ASSOCIATES (see profile ...)

Providing legal assistance to a major Romanian company in relation to the public procurement agreement concluded with a local public authority for the execution of a major local infrastructure project. The legal assistance consisted of drafting a legal due diligence report and analyzing all aspects of the public procurement process (including legality of the public procurement procedure, public procurement agreement and joint-venture agreement), as well as of other agreements related to the execution of the project, compliance with the company’s internal procedures, risk assessment and measures recommended to be implemented in the future.

Providing legal assistance and representation to a major Romanian company activating in IT&C, security, installation and construction in a litigation against a local public authority, in relation to the execution of a public procurement agreement between a local public authority and the contracting joint-venture that our client was part of.

Providing legal assistance to a major Romanian producer of electrical equipment in relation to the public procurement agreement concluded with a local public authority for the execution of a major infrastructure project; the legal assistance consisted of drafting a legal due diligence report for the purpose of analyzing all aspects of the public procurement process (including legality of the public procurement procedure, public procurement agreement and joint-venture agreement), as well as of other agreements related to the execution of the project, compliance with the company’s internal procedure, risk assessment and measures recommended to be implemented in the future.

Providing legal assistance and representation for a major producer of concrete structures, in its complaint before the National Council for Settling Complaints of a public procurement procedure organized by CNADNR.

Providing legal assistance and representation for an important publishing company in a litigation before the National Council for Settling Complaints in connection with a public procurement procedure organized by a central public authority in the national education system.



VOICU & FILIPESCU SCA (see profile ...)

Assistance in a series of public procurement procedures organized by major Romanian energy companies, as well as in the complaints filed in front of the National Council for Solving Complaints (CNSC) and the litigation files pursued in front of the Romanian courts related to the said awards. The total value of the contracts is of over EUR 500 million over the past years. Our team has succeeded to win in courts and won the project for its a market-leading supplier of products and services for the power generating industry in public procedures where the public contract was awarded to competitors of our client. There is only a small percent of cases where the contracting authority’s (or CNCS’s) decision is reversed by the court. We also obtained a court decision which was a first of its kind in the public procurement field, as it obliged the contracting authority to sit at the table and negotiate a public procurement contract with our client. Projects coordinated by Senior Partner Marta Popa and Partner Raluca Mihai.

Assistance in the public procurement procedure organized by a Romanian state-owned gas company for pipeline construction works within a project involving several European countries. Rendered services included assessment of tender documentation and drafting proposals for change, review and assessment of clarifications posted on SEAP, perusal of the public procurement contract and assessment of the clauses towards provisions of the public procurement laws and client contractual policy, other relevant advice on the legal aspects of the tender. Project coordinated by Senior Partner Marta Popa.

Assistance in two distinct public procurement procedures organized by a Romanian integrated oil company, the largest corporation in Romania and the largest oil and gas producer in Southeast Europe, for the award of (i) a Supply of Chemical Products and Related Services contract and (ii) a Chemical Treatment Services contract; rendered services in each procedure included preparation of the offer, including assessment of tender documentation and drafting proposals for clarification requests to be addressed to the contracting company, analyse of clarifications posted in SEAP, preparation and double check of ESPD form, other relevant advice on the legal aspects of the tender, prior notification to CNSC, analysis of contractual terms and preparation of a list of proposed contractual deviations to the standard framework agreement. Project coordinated by Senior Partner Marta Popa.

Assistance in the public procurement procedure organized by a Romanian state-owned roads company for the design and construction of Timisoara Sud by-pass; rendered services included preparation of the offer to CNAIR tender, including assessment of tender documentation and drafting proposals for clarification requests to be addressed to CNAIR, drafting of documents regarding third party upholder, double check of DUAE form, draft of letter of bank guarantee for bid bond, analyze of clarifications posted in SEAP by CNAIR, other relevant advice on the legal aspects of the tender, including final check of the offer together with the client’s team. The advice was further followed by representation in front of CNSC - National Council for Solving Complaints in the complaint against the tender award result. Project coordinated by Senior Partner Marta Popa and Partner Raluca Mihai

Assistance and representation to the client in relation to filling a complaint against the tender award result organized by Cluj Technical University for Supply of cleaning products. Rendered services included review of the tender documentation, drafting and representing the client in front of National Council for Solving Complaints and the relevant courts.

Ongoing assistance and representation to this client in relation to multiple tenders organized by various public hospitals throughout Romania. Projects coordinated by Partner Raluca Mihai



WOLF THEISS Rechtsanwälte GmbH & Co KG (see profile ...)

Successfully represented in arbitration and court procedures, in all degrees of jurisdiction, a consortium composed of an Irish and a German company engaged in the performance of a public procurement contract for infrastructure. The claim initiated against our clients was in regard to alleged breach of contractual obligations and the recovery of certain amounts allegedly owed by the consortium.

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Other relevant information: Although the arbitral tribunal first decided to rule in favour of the contracting authority, Wolf Theiss managed to reverse this decision in court and obtain a favourable decision for the client through an annulment claim resolved by the Bucharest Court of Appeal.

Completion date: June 2018

Successfully defended Northstone (NI) Limited in first instance and appeal before the Tribunal and Court of Appeals in a complex claim exceeding EUR 2,7 mil. filed by its Romanian partner under a joint-venture procurement agreement. The claim referred to material damages for an alleged failure to perform management services under the joint-venture as well as moral damages for alleged reputational damages incurred by the Romanian partner due to the filing by our client of an insolvency claim.

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Completion date: Ongoing

Legal assistance and advice to FCC Environment România SRL in relation to public procedures initiated by Arad County and Neamt County authorities with the purpose of awarding to private businesses the performance of public sanitation and waste management services through concession contracts. Such concession contracts imply a transfer of the risks related to the performance of such services from the public authorities to a private entity. We are currently assisting the client with regard to the preparation of tender documents, advice regarding interpretation of certain provisions of the tender documentation, drafting requests for clarifications and potential initiation of various challenges against the documents issued in these public procurement procedures.

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Completion date: Ongoing

The firm successfully defended L3 COMMUNICATIONS – UK Ltd in a public procurement dispute initiated by the National Airport Company (CNAB) for the payment of approx. EUR 330,000 as delay penalties following an alleged breach of a procurement agreement for the provision of airport equipment consisting of a delayed upgrade of airport security scanners. Although the first instance court ruled in favour of CNAB, the decision has been reversed irrevocably in appeal in favour of our client.

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Completion date: July 2018

Assisting TROTUSTEX S.R.L., part of ALFREDO GRASSI SpA GROUP, the Romanian subsidiary of a leading supplier of customized uniforms and clothing for military, law enforcement and fire protection units in relation to all aspects arising from their participation in public procurement procedures conducted by the Romanian authorities with the purpose of products acquisition. We have successfully assisted and represented the client in two (2) procurement claims submitted against decisions issued within public procurement procedures whereby the client was not awarded the contracts.

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Other relevant information: value is EUR 2 million

Completion date: Ongoing



ZAMFIRESCU RACOTI VASILE & PARTNERS ATTORNEYS AT LAW (see profile ...)

Advised the client, a local city district authority, in relation to public procurement procedures to award public procurement contracts having as object consultancy and site supervision related to the execution of thermal rehabilitation works of apartment blocks in Bucharest.

Advised an important international constructions group, part of an association, in relation to a railway rehabilitation project with a value of approx. RON3 billion.

Successfully represented a company present in the top 10 IT hardware supply rankings on the local market in a litigation currently pending before the national administrative-jurisdictional authority CNSC, in connection with a requirement of the tender documentation that included artificial conditions (estimated value of procedure RON21 million).

Full legal assistance to one of the major Romanian public health services providers, in capacity as Contracting Authority during the Covid-19 pandemic.

Assistance of one of the world leaders involved in the medical gas supply market regarding its public procurement strategy.

Specialist lawyer: Elena Iacob.



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