Jinga si Asociatii

Jinga & Asociatii / practice areas /

PPP & Public Procurement

> <

we have an extensive expertise in providing legal advice both to contracting authorities and economic operators

Mariana Ciocoiu
The development of an enterprise often leads to encounters with public owned entities and institutions and, therefore, triggers the necessity of compliance with the complex and sometimes challenging applicable regulations in PPP & Public Procurement. The permanently evolving legal framework at the EU level and the necessity to accordingly adjust national regulations and proceedings makes the PPP & Public Procurement area a very dynamic sector, generating the necessity of permanent adaptation for all involved players.

Complying with formalism – an exercise which requires expertise

The complexity of the applicable regulations in the PPP & Public Procurement area requires an in-depth knowledge of the technicalities of preliminary legal and administrative procedures, tendering regulations, as well as post-tendering obligations. Our lawyers have an extensive expertise in providing legal advice both to contracting authorities and economic operators, in ensuring compliance of the tender documents and procedures with the applicable regulations, as well as implementing a successfully completed procedure. The structuring and implementation of consortiums, the review and drafting of tendering documentations, dealing with contentious administrative or judicial matters arising from tendering procedures, are just a few of the highlights of our lawyers' expertise.

Public Private Partnerships – usually a long term venture

PPPs have recently developed in many fields, due to the benefit public authorities could have from the know-how of the private sector and to public budget constraints. As such a venture should be beneficial for both parties involved, the preliminary procedures, as well as the contractual relationships between the parties, require professional detailing. Our lawyers have gained the skills and proficiency to provide extensive advice to PPPs parties involved in infrastructure or services areas ,as well as in concessions, by considering the particularities of each partnership or project, being fully aware of the, usually, medium or long term implications of each decision.

Only extensive expertise can overcome excessive technicalities

Our expertise in PPP & Public Procurement recommends us as a pragmatic, business effective and efficient advisor for our clients. These skills were confirmed, inter alia, when advising:

Multinational consortium of military equipments supplier in connection with several aspects of a public tendering procedure involving the purchase by a public authority of military equipments, including assistance on the good standing guarantee required for the contestation of the public procedure and assistance on the contestation procedure.

a leading European constructor of roads, during the public procurement procedures organized by the National Road Administrator during awarding procedures for construction agreements of high-ways;

a reputable group of Romanian companies, as member of a consortium, during the public procurement procedures related to the awarding of the relevant contracts for the construction of the Ghimbav - Brasov Airport and during the awarding procures of the contract for the construction of the runway of the Cluj-Napoca Airport, including assistance during the implementation of the awarded contracts;

a major regional water company, in connection with public tender procedures, including disputes arisen with respect to a major project consisting of the rehabilitation and the extension of the local water supply systems and infrastructure;

a Spanish investor, in connection with a PPP concluded with a local public authority, for the development, construction and operation of a RES energy plant, including assistance during the preliminary tendering procedures for the award of the concession agreement;

a reputable Romanian construction company, in connection with the tendering procedure for the awarding of a construction agreement of a public hospital, including assistance during the tendering procedures, negotiation and implementation of the awarded agreement;

a PPP between a city council and a private investor, in connection with a complex real estate transaction, including assistance and representation in front of the competent courts of law.