Public procurement refers to the process by which public authorities, such as government departments or local authorities, purchase work, goods, or services from companies.
To create a level playing field for businesses across Europe, EU law sets out minimum harmonized public procurement rules. These rules govern the way public authorities and certain public utility operators purchase goods, works and services. They are transposed into national legislation and apply to tenders whose monetary value exceeds a certain amount. For tenders of lower value, national rules apply. Nevertheless, these national rules also have to respect the general principles of EU law.
Our team was constantly involved in the drafting of subsequent legislation to the public procurement policies set out by the EU, such as specific form of Contracts to be used by Public Authorities.
Our team of lawyers is dedicated to advising both the public and private sectors on all aspects of procurement law. We have provided support for public authorities in the process of drafting up the specific documentation for organizing public procurements, defending procurement challenges, reviewing procurement documents, advising on changes to public contracts etc.
We have acted as legal advisors on some of the most complex public procurement procedures undertaken in Romania in the last years. As well, our team constantly provides legal assistance for private operators which act as tenderers in various public procurement procedures, including, but not limited to, drafting proposals, challenging the tender documentation, and offering a wide risk assessment in relation to the documentation and the outcome of the public procedure, challenging procurement processes, shortlisting decisions, and contract awards.
Our firm provides services regarding assistance and representation of the Client in the complete range of public procurement litigations in all the phases, namely assisting the Client in bringing before CNSC and/or before the Court of Appeal/High Court of Justice the challenges to decisions of the contracting authority involved in the public procurement proceeding, regarding: defending the procedure result on behalf of the Client as successful bidder or of the contracting authority as a supporting party “(Intervenient”), challenging or defending the CNSC decisions before the courts of appeals, contesting an unfavorable procedure result.