Extensive expertise in Public Procurement & PPP matters

Romanian legislation on public procurement and PPP has undergone numerous changes throughout the time, whilst public procurement and PPP projects are most often the object of numerous legal actions from their inception to date. Legal advisors acting in the fields accordingly therefore require not only a thorough knowledge of the legal framework, but also hands-on experience and an in-depth insight of the political and economic climate as required to provide clients with up-to-date, pragmatic advice meant to mitigate risks and ensure a proper implementation of the projects.

MPR Partners has formed a dedicated team of qualified lawyers who meet this criteria, having sound expertise in public procurement and PPP, having been involved, on behalf of both private and public entities, in a considerable number of related projects at all stages of the public procurement and PPP procedures. We therefore have the acknowledged capacity of advising on the full range of public procurement and PPP matters, including public procurement of goods, works and services, concessions and private partnership agreements, project development, restructuring, financing and refinancing, regulatory, drafting and revising the tender documentation, assisting contracting authorities in connection with the award procedures, drafting and negotiating the underlying agreements with relevant authorities and consortium members, split-risk arrangements and related insurance, post signing performance and day-to-day legal advice in connection with the relevant projects, as well as pre-award and post-award project-related litigations, irrespective of their size and complexity.

Highlights of the mandates which have been handled by our lawyers throughout their practice include advice and representation to:

• A major regional utility infrastructure operator, with regard to eleven public procurement, PFI and concession agreements aimed at improving and extending water, water waste and sewage infrastructure, including water treatment plants;
• A local authority, on the concession procedures, related bidding procedures and post-bidding matters with regard to the implementation of an European Union program aimed at improving and rehabilitating the collection, transportation and storage of municipal waste, including the establishing of waste management and processing plants;
• Several major international construction companies, with regard to the preparation of the tender documentation, negotiations of the public procurement & PPP and day-to-day related legal matters concerning certain large infrastructure projects under FIDIC rules, including dispute resolution matters arising out of or in connection with the same (international arbitrations and litigations before the national courts);
• Various health and pharmaceutical companies, in relation to public procurement matters with local and central hospitals;
• One of the largest mobile phone producers, with regard to the development of a large industrial park in cooperation with the local authorities;
• A local authority, with regard to two large PPP and concession projects aimed at building two large infrastructure projects (bridge and airport); legal work included project finance, regulatory, tender documentation, permitting and licensing, corporate and commercial aspects;
• A major European highway constructor, with regard to the preparation of the tender documentation, negotiations of the underlying concession and partnership agreements, project finance arrangements, company project, as well as post-signing day-to-day matters;
• A large security company, with regard to the preparation of the tender documentation, negotiations of the public procurement and partnership agreements, as well as various regulatory matters;
• Several investment funds, with regard to the preparation of the tender documentation, negotiations and signing of the concession agreements concerning agricultural land, including project companies, corporate related matters, project finance etc.;
• Various companies, with regard to the concession of perimeters for the exploration and exploitation of natural resources (gas, oil, minerals, construction materials etc.), including legal advice on regulatory matters, preparing the tender documentation, negotiations of the concession arrangements, project company related issues, project finance etc..

Publications

• Public procurement updates: Romania, August 2020 (ENG)
• ELKB Legislative changes concerning hand-over of national interest infrastructure, October 2018 (ENG)
• ELKB New integrity rules for Romanian public procurement procedures (ENG)

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