Public procurement and public-private partnership lawyers in Romania

Advice and representation in tender procedures, procurement challenges and the performance of public contracts

For companies bidding in public tenders or performing contracts awarded by Romanian contracting authorities, from preparing the bid to resolving disputes

Adesman & Asociații assists bidders and contractors at every stage of a Romanian public procurement procedure: reviewing the tender documents, preparing and submitting the bid, challenging the contracting authority's decisions and, after award, performing the contract.

Procurement deadlines are short, and a mistake in the bid or a late challenge can take a bidder out of the competition. We therefore prefer to work with clients from the moment they read the specifications, while clarification requests and objections can still change something.

We represent clients before the National Council for Solving Complaints (CNSC), Romania's specialised procurement review body, and before the courts. For construction and infrastructure contracts, our litigation and arbitration practice also covers disputes arising after signature, including FIDIC disputes resolved through ICC arbitration.

Our areas of legal assistance

Preparing to bid in tender procedures

We review the tender documents before the bid is submitted: qualification requirements, award criteria, the proposed contract terms and the risks they transfer to the bidder.

We help clients draft clarification requests, structure consortia, subcontracting and third-party support, and prepare the qualification documents.

Where the tender documents contain restrictive or unclear requirements, we discuss with the client whether a challenge is worthwhile while the legal deadline still allows one.

Challenges before the CNSC and the courts

We represent bidders in challenges concerning the tender documents, the rejection of bids as non-compliant or unacceptable, abnormally low prices, bid evaluation and the outcome of the procedure.

We draft the challenge, review the procurement file, file written submissions and represent the client in the appeal against the CNSC decision before the court of appeal. Where a direct court action is the better route, we represent the client before the administrative and tax litigation division.

We also act for successful bidders who intervene in challenge proceedings to keep the result they obtained.

Performance of public procurement contracts

After award, we assist contractors in their dealings with the contracting authority: contract modifications within the limits allowed by law, addenda, price adjustment, extensions of time, delay notices and the application of penalties.

We also deal with situations in which the authority withholds the performance bond, refuses to take over the works or issues a negative performance certificate, which can affect participation in future tenders.

Construction, infrastructure and FIDIC contracts

Many Romanian public works contracts are based on FIDIC conditions. We assist contractors in managing claims and contractual notices, and in the litigation and arbitration that may follow.

The team's experience includes ICC arbitrations arising from FIDIC Red Book contracts for the rehabilitation of road infrastructure in Romania and the enforcement in Romania of an international arbitral award for claims exceeding EUR 6 million. See also our page on Litigation & Arbitration.

Public-private partnerships and concessions

We assist private investors in projects structured as public-private partnerships or works and services concessions: analysing the applicable legal framework, taking part in the award procedure, negotiating the contract and allocating risk between the public and private partners.

We pay close attention to the payment mechanism, guarantees, financing conditions and early termination provisions. Whether banks will finance the project depends largely on these terms.

Relevant public procurement experience

 

Adesman & Asociații lawyers have represented bidders, contractors and public service operators in procurement challenges, in disputes over the performance of public contracts and in domestic and international arbitration. The mandates below reflect both the work of Adesman & Asociații and the prior professional experience of team members.

Public procurement and challenges

  1. Challenges for an international manufacturer of concrete safety barriers. Legal advice and representation for one of the largest international manufacturers of concrete safety barriers in a series of public procurement disputes before the National Council for Solving Complaints (CNSC) and the Bucharest Court of Appeal.
  2. Medical equipment contract worth over RON 10 million. Legal advice and representation for one of the largest medical equipment distributors in a public procurement procedure that ended with the award to the client of a supply contract worth over RON 10 million, and in challenges to documents issued by contracting authorities before the CNSC and the courts.
  3. Delegated waste collection service contracts. Legal advice and representation for a group of waste management companies in damages claims based on contracts delegating municipal waste collection services, and in actions to annul administrative acts issued by local authorities and an administrative contract.

Construction and infrastructure contracts

  1. ICC arbitrations concerning road infrastructure. Legal assistance and representation for the Romanian subsidiary of one of the leading international construction companies in two ICC arbitration proceedings arising from FIDIC Red Book contracts concerning the rehabilitation of road infrastructure in Romania.
  2. Rehabilitation of a national road. Legal advice and representation for a major construction and civil engineering group in dispute resolution proceedings concerning multiple claims under a contract for the rehabilitation of a national road in Romania, with a value exceeding EUR 4.5 million.
  3. Road infrastructure in the Republic of Moldova. Legal advice and representation for a global Italian contractor in dispute resolution proceedings concerning compensation claims under road rehabilitation contracts in the Republic of Moldova, with claims exceeding EUR 5.5 million.
  4. Enforcement of an international arbitral award. Legal advice and representation for one of the leading international construction and civil infrastructure companies in proceedings to enforce in Romania an arbitral award for claims exceeding EUR 6 million.
  5. Hydrotechnical construction. Legal advice and representation for Romania's leading electricity producer in several disputes over hydrotechnical construction contracts, including before the High Court of Cassation and Justice.
  6. Court settlement for a contractor. Conclusion of a court-approved settlement worth over EUR 700,000 for one of Romania's leading builders of concrete platforms.

Legal insights

Frequently asked questions about public procurement in Romania

1When should you involve a lawyer in a public procurement procedure?
Before the bid is submitted. At that stage you can request clarifications, challenge restrictive tender documents and fix qualification issues. Once the result has been announced, usually only a challenge remains, with deadlines counted in days.
2Where can the result of a tender be challenged?
Before the National Council for Solving Complaints (CNSC) or directly in court. A CNSC decision can be appealed to the court of appeal. The right route depends on the nature of the breach, the deadlines and the costs, and we decide it together with the client in each case.
3Do you also represent the successful bidder?
Yes. The successful bidder can intervene in a challenge brought by a competitor to defend the result of the procedure. We assist throughout, including in the appeal before the court of appeal.
4What can be done when the contracting authority does not pay or applies penalties?
We review the contract, correspondence and interim payment statements, then decide whether a notice, a negotiation or court or arbitral proceedings are appropriate. Under FIDIC contracts, the claims procedure has its own time limits, which must be observed.
5Do you assist in public-private partnership projects?
Yes. We assist private investors in analysing the project structure, in the award procedure and in negotiating the partnership or concession contract.
6Can you assist foreign companies bidding in Romanian tenders?
Yes. We explain the procedural rules and qualification requirements under Romanian law and assist with bid preparation, forming consortia with local partners and any challenges.

Our Approach

In public procurement, time works against the bidder. We work quickly, but we test every argument before filing, because a rejected challenge means costs and lost months.

We tell clients plainly what the real prospects of a challenge are, including when our advice is not to file one.

The information on this page is general in nature and does not constitute legal advice. The mandates mentioned reflect the specific circumstances of the cases concerned and are no guarantee of the outcome of other proceedings.

 
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