Public Procurement

The public procurement field has witnessed a vast expansion in the last decade in Romania, being characterized by often modifications (including a completely renewed legal framework as of middle of 2016). The development of the national legislation imposing specific rules on procuring goods, services and/ or works by the contracting authorities combined with a more open attitude of the authorities have favored the public-private partnerships in many fields of activity (i.e. a tendency which seems to be encouraged by the newly enforced regulations).

Our Public Procurement Practice encompasses professionals that have coordinated (on behalf of the contracting authority) the entire activity chain for complex projects in a number of fields (i.e. selecting the tender procedure and preparation of the tender documentation; acting in evaluation commissions and making selection decisions; supervising the entire execution of the awarded contract). Benefitting from extensive commercial experience, we are able to see the overall practical implications and as well as the sensitive elements of each phase of the project; throughout the delicate situations we had to deal with, we have developed a plethora of mitigation measures for possible risks and made difficult decisions by focusing on the key elements (sometimes falling outside the legal sphere) that really matter in the grand scheme of things for each project.

We have also advised bidders when preparing the bidding documents, assisted clients along the tendering process and negotiated on their behalf (within the limitations imposed by the public procurement legislation) the awarded contract.

We have seen the less positive side of the public procurement projects as we have assisted clients in litigations (in front of the specialized bodies/ courts of law). We have assisted in negotiating sophisticated settlement agreements following the completion of public procurement awarded contracts.

The members of our Public Procurement Practice assisted in designing and setting up public-private partnerships arrangements where multiple stakeholders have to be considered and their interests factored into the contractual mechanism.

Having interacted with the best public procurement consultants on the Romanian market, we have set up partnerships with such experts whom we can quickly call in, if required, to support on such projects. With such partnerships and together with our strong Litigation Practice, Vlasceanu, Ene and Partners can leverage extensive legal and business experience into public procurement assignments.

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