Public Procurement

We advise both private companies and public authorities, using a multidisciplinary approach which combines specialization in the core areas of Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works and services concession contracts (GEO no. 34/2006).

We assist our private clients during the Awarding Procedures by the means of:

– Identifying business opportunities in the Electronic System for Public Procurement (S.E.A.P.) and the Official Journal of the European Union;

– General legal consultancy on the interpretation and enforcement of the public procurement and PPP legislation;

– Legal assistance on the use of electronic means for public procurement;- Analyzing tender documentations and identifying possible breaches of the national or European legal provisions;

– Drafting requests for clarification;

– Drafting challenges and complaints in accordance with the public procurement and PPP legislation;

– Legal assistance in relation to the preparation of tender documents;

– Drafting consortium and / or subcontracting agreements, as well as legal assistance for the negotiation, conclusion and execution of these agreements;

– Drafting proposals for revising the public procurement contracts proposed by the contracting authorities within the tender documentation, if the case;

– Legal assistance and & or representation during tender opening sessions;

– Legal assistance on the negotiation, conclusion and execution of public procurement and PPP contracts.

– Challenging of the Awarding Procedure and Providing assistance during the contestation procedure in front of the National Council for Solving Contestations (C.N.S.C.) and courts of law (Courts of Appeal)

On the other hand, we assist the public authorities in the preparation of the Awarding Documentation and during the Awarding Procedure, under the following aspects:

– Legal assistance regarding the appropriate award procedure of a public contract;

– Drafting and/or reviewing tender documentations in accordance with the national and European legislation;

– Drafting prior information notices, contract notices and/or contract award notices;

– Drafting the answers to the requests for clarification transmitted by bidders;

– Legal assistance regarding the examination of the eligibility of bidders;

– Drafting requests for clarification in relation to the tenders submitted;

– Legal assistance and representation before the National Council for Solving Legal Disputes and the competent courts with regard to public procurement litigations;

– Legal assistance for the negotiation, conclusion and execution of public procurement and public-private partnership contracts.

Expertise:

Legal assistance for a Romanian national agency in the procedure of public acquisition of IT and related services, consisting of, without being limited to, legal assistance regarding the drafting of acquisition documentation and frame contract for procurement of IT and related services;

Legal assistance for a state authority in relation with drafting of documentation for the sale in a public auction procedure of the shares owned by the state in a strategic company;

Legal assistance and representation for an important sports television  channel in connection with participation in public procurement procedures, including the drafts of all the participation documents and assistance during the negotiations of the acquisition contract with the Romanian public authority.