Infrastructure/PPP/Public Procurement

Renewed Efforts to Develop PPPs in Romania

Although Romania’s history with public-private partnerships (PPPs) spans over two decades, the legal framework in force until 2018 did not attract sufficient private partner interest for the development of such projects. As a result, to date, the number of successful PPPs remains rather low.

Challenging the Ascertaining Document – Recent Developments

A key institution enshrined by the Romanian legal provisions governing public procurement, the ascertaining document is issued by contracting authorities upon the finalization of a public contract and indicates whether contractors failed to fulfill their contractual obligations or have fulfilled them in a defective manner.

Romania: How to Create and Develop a Robust and Long-Lasting PPP Culture

In Romania, the first legal enactment specifically addressing PPP projects was adopted in early 2002. In the 20 years that followed, four primary pieces of legislation on this topic have been passed, with the declared objective to provide a sound legal basis for the implementation of PPP projects. Nevertheless, each of these successive enactments was adopted not to keep pace with the practical developments in PPP matters, but rather to respond to criticism of the absence of a proper legal basis to structure and implement PPP projects.

Talking About Unhealthy Public Procurement in Romania

A quick look at the CEE Legal Matters Index 2021 reveals a considerable number of public procurement (PP) disputes in the Romanian healthcare sector. We spoke with Popovici Nitu Stoica & Asociatii Partner Ramona Pentilescu, who was involved in challenging several such projects, to learn more about the trend.

Bank Guarantees in Public Procurement: Practical Problems of Contracting Authorities and Economic Operators

Bank guarantees are one of the forms in which economic operators tendering for a public contract may provide, the so-called tender bonds. The new Public Procurement Law, in force since 1 January 2021, has not significantly changed the rules concerning the provision of tender bonds (including bank guarantees) compared to those based on former legislation.

Pohla & Hallmagi Successful for Farwell Kaubandus in Public Procurement Dispute

Pohla & Hallmagi has successfully represented Estonian official distributor of Electrolux professional industrial kitchen appliances Farwell Kaubandus before the Estonian Public Procurement Dispute Board.

Sorainen Successful for Sia Prolux in Jelgava School Procurement Challenge

Sorainen’s Latvian office has successfully represented Sia Prolux in challenging the negotiation procedure for the “Delivery and installation of kitchen equipment at the Jelgava state municipality educational institution Jelgava Technology Secondary School” at Meiju Road 9, Jelgava, organized by the Jelgava city municipality and held at the Procurement Monitoring Bureau.