Overview
We are experts in keeping our clients in line with local legal regulations and stipulations, which then results in the best outcome for them in a public procurement exercise. We are actively involved in every aspect of the process, including the preparation, negotiation and implementation of procurement contracts across a wide range of industries. We work across a variety of sectors, such as infrastructure, IT&C, telecommunications, pharmaceutical and power supply, offering unparalleled advice and assistance to suit our clients’ needs.
Romania remains one of the fastest growing economies in the EU. Along with the growth in the Romanian private sector comes the need for an improved and increased infrastructure. And, along with these changes, come changes in the law that governs infrastructure improvements. We have a long history of involvement in, and extensive experience of, such projects. Our experience includes preparing, negotiating and implementing procurement contracts and delivering assistance post-contract implementation. And when it comes to public-private partnerships, we are experts in creating and delivering agreements that benefit all parties involved.
We act for public and private companies, sponsors, lenders, project originators, multilateral agencies and development banks in the financing, refinancing, acquisition and divestiture of significant projects. We provide legal advice regarding tender documentation, funding options and strategies, the preparation of bids and information memorandums, contract negotiations and additional forms of assistance throughout the project.
Moreover, we assist and represent our clients in various public procurement litigation, developing strategies depending on the approach recommended by the Romanian judicial administrative body (the National Council for Solving Disputes – CNSC) and by reference to national case law and relevant EU practices.
Our Relevant Experience
- Advised IDECON SAU, a major Spanish international construction group, on the development, construction and maintenance of a public procurement project for the rehabilitation and extension of a distribution network and sewage system in a mid-size Romanian city.
- Advised IDECON SAU, a major Spanish international construction group, on the development and construction of a bypass road public procurement project organised by CNAIR (National Company for Administration of National Roads, the former CNADNR) for a large Romanian city.
- Advised a large Romanian construction company throughout the implementation of a public procurement project for the development of a waste management centre completed under the Red FIDIC standard and having a total value of EUR 73,000,000.
- Advised one of the largest Spanish groups in the infrastructure and engineering sector in relation to the development of a public works project for the rehabilitation of a section of an important national road, as well as with its participation in a public procedure for a public contract for the design and construction of several sections of a motorway in Romania.
- Advised a world renowned level crossing producer in Europe, Electrosistemas Bach S.A. in respect of their participation in various public procurement procedures organised by the Romanian National railways company (Compania Nationala de Cai Ferate “CFR” S.A). for the rehabilitation of various railway sections.
Key Contacts
Andrei Albulescu
Partner
Bogdan Florea
Senior Associate
Mihaela Nastase
Managing Associate
Consortium & joint ventures
Having a partner in consortium in public procurement projects is a relationship that needs to be protected from a legal perspective in order to go forward.
We assist our clients in working together and in facing challenges during public procurement tenders and about what to do if the relationship collapses. We are with our clients every step of the way and guide them through the joint venture agreements, updating them to reflect the commercial realities and necessities in the public procurement bidding process by developing and negotiating the most effective structure for our client in the consortium/joint venture.
Key Contacts
Andrei Albulescu
Partner
Bogdan Florea
Senior Associate
Mihaela Nastase
Managing Associate
Our Relevant Experience
- Advised Idecon SAU, an important Spanish international construction group, in respect of the development, construction and maintenance of a public procurement project for the renovation and extension of a distribution network and sewage system in a mid-sized Romanian city, including advising in relation to public authority throughout the development of the project, in connection with the contractual relationship between our client and its partner in the joint venture agreement and with our client’s suppliers and subcontractors during the development of the relevant public works projects.
- Advised Idecon SAU in respect of the development and construction of a bypass road public procurement project organised by the National Company for Administration of National Roads for a large Romanian city, including advising in relation to public authority throughout the development of the project, in connection with the contractual relationship between our client with its partner in the joint venture agreement and assisting in various litigation proceedings in connection with the execution of the public procurement contract.
Public works contracts
Public works contracts between contractors and contracting authorities requires highly qualified construction lawyers with both the knowledge and experience to understand the rules applicable to public works.
We have spent years assisting clients, contractors and contracting public authorities on various public works projects providing cost-effective solutions. We assist contractors from the very early stages of entering into the contract for public works to compiling all necessary information, including in relation to the design, in order for the contract to be profitable.
Public works contracts require specialist drafting due to the complexity of the services to be rendered and the risk of unforeseen circumstances during the works. The FIDIC suite of contracts is important during this stage of public works contracts, as the majority are inspired by such. In particular, FIDIC contracts should be adapted to suit the nuances of the public procurement sector, depending on the particular specifics of the project and adapted to Romanian regulations too.
Our Relevant Experience
- Advised a large Romanian construction company on the implementation of a public procurement project for the development of a waste management centre under the Red FIDIC standard with a total value of EUR 73,000,000, including filing claims under FIDIC regarding extensions of the term of the project and additional costs, advising and representing the client throughout the preliminary dispute resolution procedure and consultations regarding the conditions for enforcing performance bonds.
- Advised a well-known Spanish company active in over 10 countries worldwide in relation to the development of a public works project for the repair and extension of the water supply network in a mid-sized Romanian city.
- Advised Tedagua, a reputable company representing one of the international leaders in the design, construction, operation, maintenance and engineering of desalination plants and systems for the production of drinking water from sewage, in relation to the development of several construction projects related to water distribution and sewerage networks in several major and mid-sized Romanian cities.
Key Contacts
Andrei Albulescu
Partner
Bogdan Florea
Senior Associate
Mihaela Nastase
Managing Associate
Public procurement procedure
The tendering process for both government and private operators across various industry sectors is governed by numerous regulations regarding the conduct of the public procurement process. We are well acquainted with all the applicable regulations and understand that they are a means to an end rather than an end in themselves.
We act for concession grantors, public bodies and bidders, concession holders and private investors during the tender and bid preparation phase of the work concession public procurement process which comprises complex public facilities and improvements, design and build infrastructures and concessions in specific sectors.
Our Relevant Experience
- Advised Tedagua, a renowned company representing one of the international leaders in the design, construction, operation, maintenance and engineering of desalination plants and systems for the production of drinking water from sewage, in relation to the development of several construction projects related to water distribution and sewerage networks in several major and mid-sized Romanian cities.
- Advised one of the largest Spanish groups in the infrastructure and engineering sector in relation to the development of a public works project for the renovation of a section of an important national road and with its participation in a public procurement process for a public contract regarding the design and construction of several sections of a motorway in Romania.
- Advised a major Spanish group specialising in civil engineering projects in relation to the completion of a public works project for the modernisation of a railroad station in a major city in Romania.
- Advised Electrosistemas Bach SA, a world-renowned level crossing producer in Europe, in respect of their participation in various public procurement procedures organised by the Romanian National Railways Company in relation to the renovation of various sections of railway.
- Advised in respect of the documents to be submitted by the clients in the tender process and in relation to the issue of the required permits in Romania.
- Advised Tehnic Asist SRL, a major Romanian construction group in connection with the company’s participation in public procurement procedures for contracts regarding road renovations and, in particular, with the filing of complaints with the National Council for Solving Disputes – CNSC and Courts of appeal.
- Advised World Class Romania SA in a tender procedure organised by The Lakes, Parks and Leisure Administration in Bucharest for the lease of a fitness club located in one of the affluent residential areas in Bucharest.
- Advised a US private investor in relation to the potential concession of a free trade zone in the south east of Romania.
Key Contacts
Andrei Albulescu
Partner
Bogdan Florea
Senior Associate
Mihaela Nastase
Managing Associate
Litigation
Our procurement litigation lawyers strive to deliver practical, innovative, strategic and procedural advice in relation to tenders, the review of tender procedures in front of the National Council for Solving Disputes (CNSC), tribunals and courts of appeal on contentious issues arising out of the tender process and the decisions of the Romanian contracting authorities and also on all and any contentious issues that may arise during performance of public procurement contracts.
Our Relevant Experience
- Advised a Spanish based concession and construction group in connection with a challenge to the tender procedure for the execution of construction and installation works in western Romania.
- Advised on a significant number of public procurement related disputes, including representing bidders and their partners within the consortium in complaints filed both with the CNSC and with the courts of justice relating to the procurement procedures and the decisions of the contracting authorities. Clients included the Romanian energy company Romelectro and the specialist public sector EEC bank Dexia Kommunalkredit Austria AG.
- Advised Idecon SAU, a major Spanish construction group, in connection with disputes relating to the execution of the public procurement contract for the development and construction of a bypass road for a large Romanian city organised by the National Company for Administration of National Roads.
- Advised a large Romanian construction company throughout disputes in relation to the execution of a public procurement project for the development of a waste management centre under the Red FIDIC standard and having a total value of EUR 73,000,000, in particular representing the client in court action for suspension of the enforcement of performance bonds.
Key Contacts
Andrei Albulescu
Partner
Bogdan Florea
Senior Associate
Mihaela Nastase
Managing Associate
