NNDKP Successful for JV in Rehabilitation of Railway Line Public Procurement Award Defense

NNDKP Successful for JV in Rehabilitation of Railway Line Public Procurement Award Defense

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NNDKP has represented a joint venture created by FCC Construccion SA, Astaldi SPA, and Contratas Y Ventas S.A. in litigation involving an award of a public procurement contract by Compania Nationala de Cai Ferate SA (CFR) entitled “Rehabilitation of the Frontiera – Curtici – Simeria Railway, part of the IVth Pan – European Corridor, for the circulation of trains with a maximum speed of 160 km/h, Section 3: Gurasada-Simeria.”

The NNDKP team successfully defended the result of the procedure and the award of the contract to the joint venture and obtained what it calls "irrevocable court decisions in all the successive challenge stages that affected the course of the procedure."

The estimated value of the contract was of over RON 2.5 billion without VAT (over EUR 550 million), making it, according to NNDKP, "one of the largest public procurement proceedings ever organized in Romania in terms of value and complexity."

The NNDKP team was led by Partners Adina Chilim-Dumitriu and Radu Damaschin. Chilim-Dumitriu commented that: “The project regarding the rehabilitation of the Line Border – Curtici – Simeria Railway, Section 3, is one of the infrastructure projects that are crucial for Romania. Its importance is also confirmed by the increased interest shown by the companies involved in the public procurement procedure. This process generated numerous challenges, both before the National Council for Solving Complaints and the Bucharest Trial Court, as well as two complaints filed with the Bucharest Court of Appeals that challenged the result whereby our client, the joint venture FCC Construccion SA – Astaldi SPA – Contratas y Ventas, S.A. was designated the winning bidder."

“After almost 3 years from the publication of the participation notice in SEAP," added Damaschin, "we are extremely proud to announce our victory and we hope to see the project being implemented as soon as possible."

Chilim-Dumitriu and Damaschin were supported by NNDKP Senior Associate Alexandru Aman.

NNDKP also collaborated on certain aspects of the project with the Ceparu and Irimia law firm, representing Astaldi.

Earlier this year NNDKP advised another joint venture including FCC Construccion S.A. in a dispute over the awarding of a public procurement contract related to the extension of a Bucharest water treatment plant and construction of a sludge incinerator (as reported by CEE Legal Matters on February 9, 2017).