Infrastructure & PPP / Public Procurement

Practice Highlights. A selection of our deal highlights includes advising:

• Damen Schelde Naval Shipbuilding B.V. (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.
• Solar Turbines Europe S.A., a subsidiary of Caterpillar Inc. (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. Mediaş, 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.
• Solar Turbines Europe S.A., 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”.
• Harris Corporation, 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 (e.g., CN Romtehnica S.A.; Ministry of National Defence), 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 Rheinmetall Man Military Vehicles GmbH, an international technological group specialized in security and mobility, and MHS Truck & Bus S.R.L., 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.
• Elbit Systems Land and C4I Ltd. – subsidiary of Elbit Systems Group (Israel), 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.
• Motorola Solutions Germany GmbH, 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.
• CCCC Tianjin Dredging Co., Ltd. Overseas Business Division, a company that provides dredging services for ports and waterways, a subsidiary of China Communications Construction Company Limited (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 Transelectrica S.A., Romanian transmission and system operator, Prysmian Powerlink S.R.L., world leader in the industry of high-technology cables and systems for energy and telecommunications and Unicredit Țiriac Bank S.A., Romanian subsidiary of UniCredit 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 232,000,000 loan granted to the Municipality of Bucharest for the purpose of infrastructure rehabilitation and urban development.
• Sutech S.R.L., 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”.
• Elbit Systems EW and Sigint – Elisra Ltd., a subsidiary of the Elbit Group (Israel), 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 CN Romtehnica S.A. (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.
• Eco Sud S.A., 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.
• China Gezhouba Group Company Ltd., in connection with the participation to the tender procedure for the selection of investors organized by the Department of Energy and Hidro Tarnița S.A. for the construction and operation of Tarnița-Lăpuștești 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.
• Star Assembly, the Romanian subsidiary of Daimler A.G. (the German manufacturer of Mercedes cars), 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 produced by Daimler A.G., the overall project value amounting to EUR 270,000,000.
• Shah Deniz consortium, led by British Petroleum, 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.
• Amplitude Technologies (France), the 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 50,000,000 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.
• Colas, 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).
• Halliburton B.V., 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.
• Enel Produzione S.p.A. (the largest electricity company in Italy), on an estimated EUR 4,000,000,000 PPP project with the Romanian State-owned company Nuclearelectrica S.A. for the development of Units 3 and 4 of Cernavoda Nuclear Power Plant.
• Globecast France SAS, 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”.
• Delta Antrepriză de Construcții și Montaj 93 S.A., 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.
• Net Brinel S.A., 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.
• Dover Middle East LLC, 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”.
• Leviatan Design S.R.L., 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.
• Copraag Entrepreneur S.R.L., 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.
• Ubitech Construcții S.R.L., 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.
• Uzinsider General Contractor S.A., 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.
• Clean Green Energy Invest S.R.L., 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 8,000,000).
• Copisa Constructora Pirenaica S.A. Barcelona, a subsidiary of the Copisa Group operating on the global market in the construction, industrial, maintenance and concession sectors, in the litigation actions related to the complaint filed by Strabag S.R.L. 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”.
• Dâmbovița 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”.
• Hidroelectrica 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.
• Isaf (Colas Rail), 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.
• Wsp Parsons Brinckerhoff, 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.
• Fcc Construccion S.A., 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 Motorway.
• Alcatel Lucent, 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.
• Enel S.p.A. (Italy), in connection with the PPP project with Termoelectrica S.A. (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.
• Italferr, the Italian state railway company, in connection with a EUR 22,000,000 technical assistance agreement concerning the preparation of railway projects for the cohesion fund.
• Colas Rail, 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.
• Construcciones Y Auxiliar De Ferrocarriles, 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 344,000,000.
• Indra Sistemas, 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.
• Enel Distribuzione S.p.A., for structuring, negotiating and closing a public procurement contract for the implementation of a smart grid technology by EON Moldova.
• Enel S.p.A., in relation to the brownfield project for the refurbishment of the 800 MW hard coal capacity located in Braila, with investments exceeding EUR 1,000,000,000.
• 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.
• Enel S.p.A., one of the largest energy providers in Europe, with respect to the public procurement procedure for the acquisition of relevant assets.
• Wabag Water Services S.R.L., 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.
• CEZ (member of CEZ Group – the integrated electricity international group), in connection with the new scheme of procurement for products and deliveries for the distribution segment to be implemented by CEZ 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 centre (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 120,000,000.
• A local County Hospital, in connection with the full range of legal aspects arisen from the EUR 20,000,000 financing facility granted by the European Investment Bank (EIB) for modernization and rehabilitation purposes.
• CFR Marfă (the National Railway Company of Romania), in connection with a EUR 300,000,000 construction project for the rehabilitation of the railway infrastructure network of CFR S.A.
• Electrocentrale Bucureşti S.A., 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, such as Dalkia International, Bateman Group and Equest Partners Ltd.
• Grupo Puentes, 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 33,000,000.
• Societatea de Construcții Napoca S.A., 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.
• B Braun, in connection with a public private partnership with the Emergency Hospital from Chișinău (Moldova) regarding the hospital’s dialysis centre. 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.
• Ep Energy Projects, 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.
• Vinci Construction Grands Projects, 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 motorway.
• Alstom Transport S.A., the Romanian subsidiary of a world power and transport leader, on a PPP agreement with Metrorex S.A., the Romanian subway operator, concerning the maintenance and modernization of locomotives and wagons.
• Suez Lyonnaise Des Eaux, a leading European utilities company, on the concession agreement concluded with the Water Public Corporation for the concession of Bucharest water facilities.
• Total and the National Oil Company Petrom S.A., 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.