Public Procurement

Main Contacts

Overview

Sarbu Partners’ expertise in Romanian public procurement covers all phases of the awarding procedure under Romanian law and EU public procurement directives, from the preparation of the tenders, to clarifications during the awarding procedure, and finally the conclusion of the contract.
Over the last 10 years, our lawyers have successfully assisted and represented contractors in public procurement procedures, totalling over €250 million.
We also advise public contracting authorities, providing tailored consultancy in drafting and reviewing awarding documentation to ensure compliance with national and EU public procurement regulation and efficiency throughout the procurement process.

Services we provide

Advice to bidders

· Ongoing consultancy during the public contracts awarding procedure;
· Bid preparation, considering both technical and financial requirements;
· Guidance and legal advice during the performance of the public contracts in Romania.

Advice to contracting authorities

· Advice on preparation of the awarding documentation according to Romanian public procurement law;
· Legal opinions regarding specific technical or legal requirements, ensuring compliance with EU public procurement directives and Romanian law.

Challenging Awarding Decisions

· Challenging decisions issued by the contracting authority (both intermediary and final awarding decisions) before the National Council for Settlement of Complaints (CNSC) and state courts;
· Appeals against CNSC Decisions.

Disputes arising out of public procurement contracts

· Price adjustment;
· Extension of time;
· Additional works;
· Performance security;
· Interim measures and Emergency Arbitrator;
· Disputes with Joint Venture members, Subcontractors or Suppliers;
· Variations.

Work Highlights in Public Procurement

· Representation of a joint venture bidder in challenging an awarding decision in front of National Council for the Settlement of Complaints (CNSC) related to a public works contract valued at RON 71 million;
· Representation of a Romanian company specialized in building-assembly of installations in front of CNSC in challenging the awarding decision of a contract valued at RON 61 million;
· Advised a joint venture (Romanian and foreign companies) during the performance of a public contract for environmental works (decontamination of soils, waste and decommissioning of oil wells);
· Represented both Romanian and international contractors in front of national courts with disputes related to the recovery of additional costs arising from environmental work and activities performed under public procurement contracts;
· Provided assistance to a firm focused on the restoration of historic monument buildings by offering a comprehensive range of services related to multiple public procurement procedures worth €16 million in total, including bid preparation, responding to clarifications requests, complaints before CNSC and state courts, management of legal issues during project execution (price adjustment, extension of time, modification of the bill of quantities);
· Representation of an economic operator specializing in civil construction in complaint proceedings before the CNSC and in legal complaints related to public procurement procedures.