Whether acting for private investors or public bodies, we know the risks and hurdles that come with the procurement process. Having dealt directly with the increasing complexity and change of public procurement rules, as legal advisors to the European Investment Bank regarding the transposition of three out of the four new Procurement Directives into Romanian legislation, we are the best choice to ensure your organization the compliance with all procurement rules, on time and with attention to every detail.
We are thus placed in a unique position to accurately interpret and resolve legal issues on behalf of our clients on both major projects, including Public Private Partnerships, and day to day procurement issues. Our firm successfully represents clients before the National Council for Solving Claims (C.N.S.C.) and the competent Law Courts in challenges raised in different public procurement procedures.
Clients trust us as a full-service provider through all stages of a public procurement project. We deploy our expertise, vast market experience and combined advisory-litigation skills to support contracting authorities and economic operators during the entire project, the work of our Public Procurement & PPP practice being also reflected by the Legal500 rankings.
Elena Iacob’s team handles public procurement procedures at both the assignment and litigation stages. Iacob is assisting Technip with a competitive dialogue procedure launched by Exxon concerning the start-up of the Neptun Deep offshore gas facilities. The team also acts for Grup Servicii Petroliere in a competitive procedure organised by OMV Petrom.
(The Legal 500 | 2019)
We advise contracting authorities on a wide range of services, including: strategic tender planning, drafting tender documents in concert with the technical advisors of the project, advising the awarding entity throughout conducting tender procedures, including on eligibility of bidders criteria or other legal requirements, drafting comprehensive and audit-proof documentation of all tender procedures, legal review of the documents submitted by bidders and the acts performed/issued by the authority during the bidding process, and assistance for the negotiation, conclusion and execution of public procurement and public-private partnership contracts.
We assist economic operators regarding a wide range of services, including: recognizing and preventing discriminatory tender conditions at an early stage of the process, review of the legal, technical and economic documents to prevent incompliant bids, drafting proposals for amending the public procurement contracts proposed by the contracting authorities, assistance/representation during tender opening sessions, assistance on the negotiation, conclusion and execution of public procurement and PPP contracts.
- Advice and assistance in public-private partnership projects
- Full assistance in public procurement procedures
- Representation in disputes during the award procedures and in contractual disputes
Examples of our work include assistance to:
- A Romanian authority in relation to the negotiation of the public-partnership agreement for “Ploiesti-Brasov Motorway”, the deal value amounting to EUR 1,36 billion;
- The biggest multilateral financial institution in the world regarding the transposition of three of the new Procurement Directives into Romanian legislation;
- A group of companies performing offshore integrated services for the oil & gas industry in a competitive procedure on the basis of sectorial procurement rules for services with a value estimated at EUR 200 million;
- The Romanian subsidiary of one of the most important chemical groups in Italy, in relation to all aspects of public procurement law, including assistance regarding its participation in public procurement procedures initiated by contracting authorities, mostly hospitals, as well as in the review procedures in front of the national non-jurisdictional body or the courts of law;
- One of the major Romanian public health services providers in all matters related to the public procurement procedures initiated by the client as contracting authority, as well as in disputes arisen out of public procurement procedures.
The Legal 500 EMEA, Romania: PPP and Procurement
The Legal 500 | 2019
Article on the new law on public-private partnership
Bizlawyer.ro | 2017
Why do we need a new law on public procurement?
Wallstreet.ro | 2016
PPP may become the fuel for the development of infrastructure
Wallstreet.ro | 2016