Our Public Procurement, Concessions and PPP Capabilities
We have very strong expertise in handling complex procurement and concession/public private partnership projects within a tight and not always consistent regulatory environment, covering all stages and potential angles of such procedures.
Our team provides comprehensive solutions and assistance for both public authorities/other contracting entities and private companies and consortia involved in award procedures and performance of public procurement/concessions/PPP contracts.
We also have vast experience in assisting and representing clients in procedures and litigation before administrative bodies and courts, at all project stages.
“Bondoc si Asociatii SCA’s comprehensive service is capable of guiding clients through every stage of the public procurement journey. The team has a good reputation in the life sciences and healthcare sectors, which were particularly busy during the COVID-19 pandemic. The department is also strong on major energy and natural resources projects, as well as infrastructure projects in the utilities and transport sectors. Simona Petrisor leads the well-regarded team which benefits from cross-practice support from the litigation, competition and commercial law departments. The firm’s cooperation with White & Case LLP helps on cross-border mandates”. [Legal 500, 2021]
“Broad experience advising energy sector clients on licensing, permitting and other contractual agreements. Often assists clients with the development of power plants and energy projects. Also has experience in energy trading mandates. Represents clients in contentious matters, such as regulatory investigations and investment arbitrations”. [Chambers and Partners Europe, 2021]
Recent examples of our team’s expertise in the public procurement/concessions/PPP area include assistance, among others, to:
|■||one of the largest construction and business groups in Turkey, in a EUR 1.2 billion public procurement dispute over the award of a construction project regarding a motorway in Romania, subsidized with EU Funds.|
|■||an international pharmaceutical company in connection with its contemplated participation in a public procurement procedure organized by the Ministry of Health for the acquisition of certain vaccines.|
|■||the banking syndicate for a major gas pipeline reserve-based lending in connection with various legal aspects including legal and regulatory analysis of operation, energy, environmental, real estate and corporate structure for holding the assets necessary for the ownership and operation of the project.|
|■||a leading Romanian gas company on aspects regarding the natural gas distribution and supply activities carried out in various regions of Romania and the terms of the related concession agreements and gas distribution and supply licenses.|
|■||a major local construction company in relation to several public procurement contract disputes with different contracting authorities, as well as in relation to its participation in numerous public procurement proceedings for the award of construction contracts.|
|■||major players in the road infrastructure sector in the process of bid preparation and submission, as well as in challenging the award decision regarding the concession contract for an important highway.|
|■||the project company ensuring the underground optical fiber telecommunication network in Bucharest on various PPP-related legal matters regarding the cable installation within the frame of one of the largest PPP based investments with the City Hall of Bucharest.|
|■||an international financial institution in relation to a training program on public procurement principles.|
|■||numerous life sciences companies on various public procurement matters regarding the participation in several tenders organized by different contracting authorities in the healthcare sector for the conclusion of public procurement framework agreements and subsequent contracts, the review of the award documentation and preparation of requests for clarifications and comments.|
|■||the engineering and design arm of a large group acting in the energy sector in a difficult and sensitive commercial dispute on a public procurement services agreement.|
|■||a leading European producer of vehicles and devices in the fire protection industry in challenging a major public procurement procedure for the acquisition by the Romanian State Inspectorate for Emergency Situations of hydraulic platforms, funded with European Union grants.|
|■||an international leading provider of healthcare products in connection with procurement issues related to participation, individually or in consortium, in various public procurement procedures, the establishment of internal guidelines on public procurement legislation, as well as various other topics regarding such public tenders organized in the dialysis sector by various Romanian contracting authorities.|
|■||an international energy leader in connection with public procurement procedures for the implementation of two structural funds projects, including the subsequent public procurement selection of construction companies for each project.|
|■||a large medical company in a complex challenge of a public procurement procedure organized by an important hospital in Bucharest for dialysis products. Working in close relationship with the client’s legal and medical department, we obtained the stay of the procurement procedure and a partial annulment thereof.|