Capabilities

Public Procurement

The legal framework of this field, which is frequently amended and thus gives rise to different judicial and administrative interpretations, complex procedures and administrative documentation are aspects which make public procurement a niche that is not easily accessible.

In this context, owing to the vast theoretical and practical experience in public procurement, the team at Chiuariu & Associates offers specialised consultancy to contracting authorities (public entities and institutions), alongside undertakings (bidders, or even potential bidders), covering all stages specific to such procedures. The legal services offered by the team at Chiuariu & Associates touch upon:    

Legal services for contracting authoritiesLegal services for undertakings
– registration on the SICAP platform (www.e-licitatie.ro) and assistance with its use;
– assistance in identifying/choosing optimal procedures of public procurement;
– preparing the documents necessary for the award (drafting task books, the participation notice, the procurement data sheet, forms/statements, the framework agreements etc.)
– consultancy for training personnel employed by the contracting authority, with regards to public procurement;
– assistance during awarding procedures;
– assisting with making decisions within awarding procedures;
– assistance with drafting replies to suppliers and clarification requests;
– assistance with implementation of public procurement contracts (of goods, services and works);
– assistance with executing, amending or terminating public procurement contracts;
– legal representation in solving disputes (CNSC, ordinary courts and arbitration);
– legal assistance and representation in challenges to inspection reports and financial corrections (based on Emergency Ordinance 66/2011);
– analysis of the documentation related to awards;
– assistance in the relation with the contracting authorities;
– assistance regarding drafting and negotiating association contracts for joint participation in the procedure;
– assistance with drafting bids;
– assistance with drafting clarification requests;
– assistance with drafting replies to the answers to the requests for clarification received from the contracting authorities;
– assistance with contract negotiation;
– assistance during execution of the contracts, framework agreements and/or subsequent contracts;
– challenging the acts emitted by the contracting authority in the awarding procedure (award documentation, report on the evaluation of bids, procedure report etc.);
– assistance with executing the contract;
– assistance before the CNSC, as well as competent courts;
– legal assistance in cases involving damages caused during the award procedure, as well as those caused by execution, nullity, annulment, and termination of public procurement contracts;

Recent activity:

  • Provided legal consultancy to an international undertaking from the road infrastructure sector regarding the placement of a bid in a public procurement procedure regarding road signs.
  • Legal consultancy for an important provider of medical equipment regarding the placement of the bid within a public procurement procedure, involving medicine and equipment necessary for fighting the COVID-19 pandemic.
  • Legal representation of a public authority in litigation regarding inspection reports and financial corrections.
  • Provided legal assistance and representation to a foreign company during the execution of a public procurement contract from the construction/infrastructure, worth 50 million Euro.
  • Ensuring legal assistance and representation for a company during litigation for the purpose of challenging a decision by the National Council for Complaint Settlement (CNSC), regarding procurement of IT infrastructure.  
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