Infrastructure & PPP / Public Procurement

Our Infrastructure, PPP & Public Procurement practice has been representing in the last three decades governmental institutions and leading multinational corporations, including investors, manufacturers and producers, on a broad range of infrastructure, projects and PPP matters.

Our advice includes public acquisitions, property finance and leasing, concession of public assets and services, drafting and negotiating public private partnerships (PPP) & concession agreements, feasibility studies, regulatory issues, royalties and tariffs.

We frequently advise on complex infrastructure deals, such as motorway and road projects, power sector projects, new medical infrastructure, mining transactions, delivery of services or facilities for water/wastewater and urban development. We also advise on PFI, BOT and other similar schemes, including more innovative financing techniques.

Our Procurement practice also advises contracting authorities and bidders on Romanian public tendering procedures, including with respect to developing and responding to, tender documents, negotiating contracts, evaluation and awarding, as well as any related litigation.

We also have a strong and well-recognised team dealing with military and defence procurement, and are the one stop point for manufacturers and dealers concerned with those special provisions applying to defence procurement, offset, classified information, etc.

Practice Highlights.

A selection of our deal highlights includes advising:

One of the largest ship producers in the world, with over 140 years of experience, regarding the conduct of a military procurement procedure, at all its stages, involving, among others, the negotiation of a framework contract for the development of military ships, subsequent contracts, offset obligations, with a potential transaction value of over EUR 1 billion.
A subsidiary of one of the world’s leading manufacturers of industrial gas turbines, in connection with the participation in the public procurement procedure conducted by the National Gas Transmission Company Transgaz S.A. Mediaș, related to Compression Groups acquisition – gas turbine driven centrifugal compressors necessary for the execution of the project “Development on Romanian territory of the National Gas Transmission System on the Bulgarian-Romanian-Hungarian-Austrian direction, execution works Stage 1”, as well as during the performance of the project.
A subsidiary of one of the world’s leading manufacturers of industrial gas turbines,in connection with the participation in the public procurement procedure conducted by Transgaz S.A. Mediaș, related to the execution of the project “Developments of the National Transmission System in the North-East of Romania in order to improve the natural gas supply of the area, as well as to ensure the transport capacities to the Republic of Moldova”.
A leading American technology company, active at international level, which supplies wireless equipment, tactical radios, electronic systems destined to be used in the governmental, defence and commercial sectors, in connection with various public procurement procedures conducted by Romanian entities that are active in the military field, in its relation with OCATS (Compensation Office for Special Technique Procurement), as well as during the fulfilment of its offset obligations.
The consortium made up of an international technological group specialized in security and mobility, and its sole importer of the Rheinmetall products in Romania, in connection with the public procurement procedure regarding “Multifunctional vehicle transportation platforms on wheels” initiated by the Ministry of Defence. The services rendered to our client were partly related to the preparation of the tender, as well as the subsequent challenging procedure of the entire procurement procedure for unlawfulness considerations.

A subsidiary of an Israeli group which develops and supplies a wide portfolio of military products in the field of defence, domestic security and commercial aviation, in connection with the participation in a public procurement procedure organised by the Ministry of National Defence through Compania Naționala Romtehnica S.A., having as object the procurement by the Romanian State of military products, the estimated value of the agreement being of RON 367,372,748.
A leading provider of wireless, broadband, and automotive communications technologies, in relation to multiple public procurement procedures for telecommunications technologies, totalling in excess of EUR 100 million. Contracting authorities include the the Romanian Service of Special Telecommunications, the Romanian Border Police etc.
A company that provides dredging services for ports and waterways, a subsidiary of one of the most important construction companies in the People’s Republic of China, in connection with specific issues regarding the award procedure organized by the National Administration “Romanian Water”- Dobrogea Seaside, for the award of the contract having as object “Design and execution of the component works of the coastal protection system in order to reduce the coastal erosion”.
Romanian National Railway Company “CFR” S.A., in an international commercial arbitration, in accordance with the ICC Rules, involving multiple actions and counterclaims regarding a multitude of complex contractual, jurisdictional and legal issues in relation to one of the greatest infrastructure projects in Romania, estimated at EUR 828 million, financed by the European Investment Bank and the European Union regarding the rehabilitation of a major railway. Our work also addressed some public procurement aspects of contractual and procedural nature.

• Other representative mandates of our Infrastructure & PPP / Public Procurement practice includes advising:

The consortium consisting of the Romanian energy transmission and system operator, the world leader in the industry of high-technology cables and systems for energy and telecommunications and the subsidiary of an international banking group, in relation with performing feasibility studies and assessments referring to technical, commercial, financial and legal recommendations and providing strategic implementation advice pertaining to the financing and development of the 400kV underwater interconnection cable for the transmission of electricity between Romania and Turkey, envisaged to be implemented through an estimated EUR 520 million PPP project.
The European Investment Bank (E.I.B.), in connection with the EUR 232 million loan granted to the Municipality of Bucharest for the purpose of infrastructure rehabilitation and urban development.
A leading local player, regarding various contractual and public procurement matters, including negotiations with the contracting entity, in connection with the public procurement procedure organized by the National Company of Natural Gas Transport Transgaz S.A. having as object “Strengthening the transport system in Romania, between Onești – Isaccea and reversing the flow to Isaccea”- phase 2 (Interconnection of the National Transport System with the International System and reverse flow to Isaccea – phase 2): Modernization of the Onești compression station and Modernization of the Siliștea compression station”.
A subsidiary of an Israeli group which develops, manufactures and supplies complex solutions in the field of electromagnetic spectrum, frequency spectrum, communications and information, during the public procurement procedure organized by a company owned by the Romanian Ministry of Defence, which is in charge of equipping the Romanian Armed Forces, for the purchase of an integrated system for measuring online and offline, goniometering/localization and for advanced technical analysis of radar signals.
A leading provider of integrated environmental solutions for the storage and disposal of solid and assimilated household waste, both urban and industrial, in connection with various public procurement procedures, as well as concession procedures organized by contracting authorities / local authorities (e.g., Suceava County Council; Alba County ATU) for delegating the functioning of municipal waste management facilities within the integrated waste management system.
A major Chinese construction company, in connection with the participation to the tender procedure for the selection of investors organized by the Department of Energy and Hidro Tarnita S.A. for the construction and operation of Tarnita-Lapustesti hydroelectric pumped-storage greenfield project, with a forecasted installed capacity of 1,000 MW, which is estimated to require a considerable investment exceeding EUR 1.3 billion.
The Romanian subsidiary of the German manufacturer of a globally renown car brand, in connection with the development of a manufacturing plant for the assembly of the new top-of- the-line 9 gears automatic transmissions to be installed on the new models of automobiles, the overall project value amounting to EUR 270 million.
A consortium of energy companies, in connection with the development of the Nabucco West gas pipeline, as well as in relation to specific infrastructure-related issues deriving from the development of the project.
A global expert in the science, design and manufacture of high performance laser systems, on the bidding process and public procurement issues related to the award of the EUR 60 million EPC contract for the High Power Laser System (2 x 10PW), as part of the ERDF co-funded project Extreme Light Infrastructure-Nuclear Physics (ELI-NP) developed in Magurele, Romania. We have also been retained by Amplitude Technologies as legal counsel regarding the participation, as member of a consortium, in the second tender and public procurement process related to the award of the EUR 50 million EPC contract for the High Intensity Gamma Ray System, as part of the ERDF co-funded Extreme Light Infrastructure- Nuclear Physics (ELI-NP) developed in Romania.
The world leader in construction and maintenance of infrastructure for transport and urban development, with regard to the renegotiation and restructuring of two FIDIC agreements concluded with the National Motorway and Road Company (CNADNR).
A major US procurement and construction services provider in the oil field, in connection with the development of a multi-million project for engineering services, procurement and construction of an industrial production facility.
The largest electricity company in Italy, on an estimated EUR 4 billion PPP project with the Romanian State-owned company nuclear energy producer for the development of Units 3 and 4 of Cernavoda Nuclear Power Plant.
A leading provider of content distribution and management services for the broadcasting industry operating internationally, in connection with the public procurement procedure organized by the Romanian Television Company for the acquisition of “Satellite distribution services of SRTV programs”.
A local company with over 20 years of experience in the field of constructions and engineering, in connection with the public procurement procedure organized by the National Company for Road Infrastructure Management S.A., for the award of the framework-agreement having as object “Design and execution Extension to 4 lanes DN 7 Baldana – Titu km 30 + 950 – 52 + 350”. We have provided legal representation services to the client including in the litigation stage, by challenging some documents of the contracting authority before Bucharest Court of Appeal, as well as before the Court of Justice of the European Union, in Case C-267/18, where we obtained a favourable solution for the client.
A local company active in the IT field, in connection with the award procedure organized by the Romanian National Institute of Statistics for the acquisition of “Technical assistance and maintenance services for Oracle 2019 licenses”. Specifically, we have assisted the client in connection with particular procedural aspects, including the final stages and the negotiation sessions with the contracting authority for the completion of the award procedure and the signing of the public procurement contract.
A subsidiary of an important group operating in the field of oil and natural gas, in the public procurement procedure organized by OMV Petrom for awarding the supply framework-agreement “Continuous pumping rods, related accessories, with installation and maintenance services”.
A company operating locally in the field of design (architecture) and engineering services, in the award procedure of the public procurement contract having as object design services, technical assistance and execution of works for the investment objective “Infrastructure works necessary for the functioning of Tudor Vladimirescu National Military College” in barrack 878 Craiova, carried out by Military Unit 02523 Bucharest. We assisted the client including in the award procedure organized by Ploiești Penitentiary in order to award the framework-agreement having as object the acquisition of “Services for drawing up feasibility studies for the investment objective P47 Berceni (Penitentiary 1000 places with maximum security and closed regime)”, as well as in two other award procedures organized by the National Ministry of Defence – Military Unit 02542 Focșani, National Ministry of Defence – Military Unit 02523 Bucharest, respectively, for military acquisitions for awarding some contracts having as object design services.
A local company operating in the field of design and engineering, during several procedures organized by military units for awarding public procurement contracts for design services for the drafting of the technical-economic documentation for constructions/warehouses, as well as the acquisition of works aimed at the rehabilitation of some prisons/barracks.
A local company providing technical and engineering services, in connection with various contractual issues deriving from public procurement contracts concluded with the Romanian Ministry of Defence, acting through Military Unit 02523 Bucharest, having as object the acquisition of services for drafting technical execution documentations.
A local company that provides installations and equipment for heavy machinery, energy, metallurgical and construction materials industries, in the public procurement procedure organized by the Romanian National Agency for Land Improvements for the rehabilitation of the SRPA Spiru Haret pumping station, including the pumping units, hydro-mechanical installations, auxiliary installations and electrical installations serving the station.
A local company operating in the field of constructions and engineering, in connection with a public procurement procedure organized by Bucharest City Hall, District 3 for works to rehabilitate the road system of District 3. The estimated value of the acquisition is of RON 35,525,000 (the equivalent of approximately EUR 8 million).
A subsidiary of a group operating on the global market in the construction, industrial, maintenance and concession sectors, in the litigation actions related to the complaint filed by a major construction company against the result of the public procurement procedure having as object the award of the works contract regarding the “Construction of the Târgu Mureș by-pass”.

A County Council, in various procedural and contractual aspects during the award procedure of the public procurement contract having as object “Collection and transportation services for household waste for Dâmbovița County”.
A major energy company and the Ministry of Economy, as part of an international consortium, in connection with the construction of a pumped-storage hydropower plant, a greenfield project with a forecasted installed capacity of 1,000 MW, estimated to require an investment exceeding EUR 1.3 billion.
A top Romanian company, in connection with the execution and installation of railway machinery and equipment, regarding the application of the two FIDIC construction contracts concluded with the National Railway Company (CFR) S.A., for an infrastructure project related to the rehabilitation of the Câmpina-Predeal sector, on Bucharest-Brașov railway, part of the 4th Pan-European corridor, with a total value of EUR 30 million.
One of the world’s leading engineering professional services consulting firms, in relation to the multimillion procurement contract concluded with the Romanian National Company of Motorways and National Roads (RNCMNR) for design and construction supervision of Brasov By-pass, as leader of the consortium with Search Corporation, one of the leading engineering companies in Romania.
The Romanian Television Company, in connection with its procurement activity. Our mandate included performing an independent audit and drafting a due diligence report on the public procurement activity of the Romanian Television Corporation, in order to assess compliance with procurement principles and standards, identify potential risks and remedial actions and strengthen the accountability with respect to the public procurement processes.
One of the largest construction companies worldwide, in relation to the public tender procedures for the concession of the design and construction of the Timisoara – Lugoj
An important provider in the telecommunications solutions field in Romania, in connection with a multimillion agreement for the construction and establishment of surveillance facilities. Our involvement in the project spanned from assisting Alcatel Lucent throughout the public procurement proceedings to advice on various matters related to the execution phase of the contract, including assistance during alternative dispute resolution proceedings deriving therefrom.
A major player in the European electricity market, in connection with the PPP project with the largest State-owned electricity producer in Romania in relation to the refurbishment and new capacity development project for several power plants in Brăila, Doicești, Borzești and Galați.
The Italian state railway company, in connection with a EUR 22 million technical assistance agreement concerning the preparation of railway projects for the cohesion fund.
A leading European provider of rail infrastructure services, in connection with the performance of several FIDIC contracts related to the rehabilitation of the major railway line between Bucharest and Brașov.
A major international player in the design, manufacturing, maintenance and supply of equipment and components for railway systems, in connection with its participation in the public tender launched by Metrorex S.A. (the local company which runs the Bucharest Metro) for the acquisition of 51 six-car subway trains to operate on Metro Line 5, Drumul Taberei segment, with an estimated value of EUR 344 million.
A major Spanish information technology and defence systems company, in connection with various public procurement procedures. Our mandate spans over a variety of legal matters deriving from the public procurement procedures.
A major distributor of electricity, for structuring, negotiating and closing a public procurement contract for the implementation of a smart grid technology.
An important player in the electricity market, in relation to the brownfield project for the refurbishment ofthe 800 MW hard coal capacity located in Braila, with investments exceeding EUR 1 billion.
A major Canadian mining group, in relation to the exploration and exploitation of a large mining site in Romania. The firm has dealt with complex concession law issues, including mining concession licenses, protocols and partnerships concluded with the local authorities for resettlement and relocation, and concession agreements to secure the surface rights required to develop the project.
One of the largest energy providers in Europe, with respectto the public procurement procedure for the acquisition of relevant assets.
A water utilities company, in the public procurement procedure for the conclusion, with Iasi Municipality, of the works contract for upgrading the waste water treatment plant in Tg. Frumos. In addition, we assisted the client in the awarding procedures regarding the works contract for the construction of a new water treatment plant in Jimbolia.
A major electricity company, in connection with the new scheme of procurement for products and deliveries for the distribution segment to be implemented by the group at European level, including tender options and exemptions applicable under the Procurement and Utilities Directives.
An important group of private investors, in relation to a PPP project with a view to design, build, finance and operate a new sports and leisure center (including a new stadium).
A Regional Water Company, the public water operator for the county of Dâmbovița, in connection with the tendering procedure, services and concession contracts concerning the management, supervision and construction works regarding the rehabilitation and extension of the local water supply systems, with a total value of EUR 120 million.
A Local County Hospital, in connection with the full range of legal aspects arisen from the EUR 20 million financing facility granted by the European Investment Bank (EIB) for modernization and rehabilitation purposes.
The National Railway Company of Romania, in connection with a EUR 300 million construction project for the rehabilitation of the railway infrastructure network.
A leading State-owned electricity producer, in connection with the structuring and implementation of several greenfield/ brownfield projects aimed to upgrade existing power plants and develop new co-generation capacities, together with several private investors.
A Spanish construction company, in the public procurement process and throughout the implementation of various major public interest projects, with a total value of EUR 33 million.
One of the largest players on the construction market, with respect to drafting, negotiating and implementing a sub-contracting agreement for infrastructure-related construction works.
A top German medical company, in connection with a public private partnership with the Emergency Hospital from Chișinău (Moldova) regarding the hospital’s dialysis center. We have assisted the client during the negotiations of the partnership structure, drafting all the related documentation and agreements, as well as carrying out all the formalities with the Ministry of Health and National House for Health Insurance.
A major green energy company, in connection with the implementation of a project in cooperation with local public authorities, consisting in the construction and operation of a wind power plant, together with all technical installations and facilities.
The Municipality of Brăila and the related local authorities, on their proposed PPP project with a strategic investor for the construction of an international airport in Brăila.
A County Council, with respect to a wide range of PPP matters arising from the tendering procedure for two concession agreements regarding domestic waste collecting, transport, storage and processing services.
A leading European construction company, in connection with a PPP agreement concluded with the Romanian Ministry of Transport in view of financing, designing, building and operating the Bucharest-Brașov
The Romanian subsidiary of a world power and transport leader, on a PPP agreement with the Romanian subway operator, concerning the maintenance and modernization of locomotives and wagons.
A leading European utilities company, on the concession agreement concluded with the Water Public Corporation for the concession of Bucharest water facilities.
Major oil and gas companies, in connection with the concession agreement concluded with the National Agency for Mineral Resources for the exploration and exploitation of an oil field in the Black Sea.

“Mușat & Asociații’s team remains a heavyweight in the PPP and procurement sector.”

Legal 500

The firm is included in the leader category (Band 1) in the field of PPP Projects and Public Procurement by the international legal guides Legal 500, Chambers Europe and IFLR 1000.

Legal 500, Chambers Europe and IFLR 1000.

“Muşat & Asociaţii is one of the founders of the Privatisation and PPP areas of practice.”

Legal 500

“The projects in the fields of Energy and Real Estate are the focus of this department which is a landmark for the market.”

Chambers & Partners

“Highly respected team with excellent knowledge of the field, they offer good solutions and they are able to understand the most complex legal cases.”

Legal 500

Clients praise the “vast experience” of the firm and single out “its ability to negotiate with public authorities”.

Legal 500

“The firm is involved in several of the most important cases, which many times are the first of their kind”, state the peers.

Chambers & Partners

Muşat & Asociaţii has a “very good” PPP practice and is “obviously one of the top law firms in Romania”.

Legal 500

Clients say that “the Muşat & Asociaţii team holds an excellent ability to identify the legal risk and find innovative legal solutions”.

Legal 500

Clients report that the firm offered “very good legal support” underlining that the lawyers are “very helpful and very responsive”.

Chambers & Partners

Muşat & Asociaţii: “A firm with international standards and an important local player.”

Chambers & Partners

Muşat & Asociaţii`s “highly competent, serious and reliable” lawyers provide “client-oriented advice and have extensive experience”.

Chambers & Partners

“Mușat & Asociații – a tireless Romanian giant holding an impressive corporate clients portfolio and, practically, an unmatched relationship with government agencies.”

Chambers & Partners

Clients about Mușat & Asociații lawyers: “High level of professionalism and involvement, innovative spirit and original solutions.”

Chambers & Partners

One source values the “very smooth and efficient” co-operation with the team, adding that all team members are “responsive and hard-working”.

Chambers & Partners

Interviewees report that the members of the team are “are reliable, never let you down and always find the right solution”.

Legal 500

Clients of Mușat & Asociaţii appreciate the firm’s “ability to provide efficient legal services but also proactively meet the client’s needs.”

Legal 500

“The lawyers provide solutions, undertake proactive initiatives, provide ongoing support, are quick to answer and are very efficient and knowledgeable.”

Chambers & Partners

Clients appreciate the firm's comprehensive support, with one highlighting that the lawyers “consistently work extremely well.”

Legal 500

“Very capable, prompt, good knowledge and oriented to fulfill the customer needs.”

Legal 500

“Reliable, responsive, detailed, and excellent client communication.”

Legal 500

Clients say: “The lawyers have a good legal understanding and communicate in a proactive and timely manner.”

Chambers & Partner

“Clients appreciate the multidisciplinary approach of the team and the efficient cooperation with the other departments.”

Chambers & Partners

Clients say: “A very responsive and solution-oriented team, that applies both western standards and local knowledge.”

Legal 500

Clients say: “Their firm provides exceptional quality of work with a great team of lawyers displaying depth of knowledge.”

Legal 500

“The team is very experienced and responsive. We really appreciate the lawyers' vast industry knowledge and excellent services.”

Chambers & Partners

Clients appreciate Mușat & Asociații for its “strong, dynamic, professional and loyal' team”.

Legal 500

Clients say: “The lawyers are very helpful, responsive when we need their help and competent in public procurement matters”.

Chambers Europe

Sources say: “We choose Mușat & Asociații because of its impeccable service. Prompt, innovative and practical, it always suggests several solutions to fit our business strategy”.

Chambers & Partners