Țuca Zbârcea & Asociații | PRACTICE AREAS

Public-Private Partnerships (PPPs), Project Finance Initiative (PFI), Concessions and Public Procurement

Ţuca Zbârcea & Asociaţii offers legal assistance in structuring and implementing complex projects based on PPP, PFI and various other structures. Our lawyers have gained significant experience in representing leading project sponsors, lenders, equipment suppliers, infrastructure funds, public sector entities in all phases of project finance, including green-field projects as well as existing facilities, concessions, operations and maintenance contracts. 

Ţuca Zbârcea & Asociaţii has a well-established and leading public procurement practice with its team having a wealth of knowledge and experience of public procurement law and practice. Its team is experienced in all aspects of public procurement law rules, including the relevant domestic and EU legal framework and case law. 

We maintain close links with officials at the National Agency for Public Procurement (ANAP) and EC levels and with other key domestic bodies with competencies in this field, including the Ministry of Finances, the Ministry of Transports and Infrastructure etc.

Our Services

advice on particularities of concession regulations in a broad range of sectors; assisting the concession grantor in the preparation and carrying out of tender procedures; assisting private investors in the preparation of a bid; drafting and negotiating concession agreements; legal advice during concession development.
the public procurement team advises particularly private legal entities in relation to one-off major projects as well as general public procurement law queries which arise in relation to ongoing procurement procedures and in the day to day affairs of many businesses, whether contracting entities, suppliers, services providers or contractors.
advising on stages of procedure and on risks under the applicable legal framework; drafting specific PPP agreements; assisting in negotiation of PPP agreements with public authorities; assisting clients in the preparation of the bid; advising on the transaction structure and its implementation.

Client Highlights

Legal assistance to an international construction group concerning the implementation of contracts concerning the infrastructure and finishing works for a new Metro line.
Assistance to an international construction group in connection with the design and building of a suspended bridge project.
Legal assistance to a telecommunications operator in relation to concession agreements for the construction and operation of the backhaul elements of Ro-Net, an electronic communications network to cover the white areas where no coverage with electronic communications networks/services exists.
Legal assistance to a public operator of gas transport services concerning the works contracts for the execution of a pipeline interconnecting Romania and Republic of Moldova.
Assistance to a local operator of sanitation services regarding the operation of the services and relation with the local municipality.
Legal assistance to a Romanian energy producer in relation to the operation of a cogeneration energy project in the central region of Romania.
Legal assistance to an Italian company active in the infrastructure industry in relation to the performance of the works contract for the construction of a railway line and the performance and potential termination of the works contract for a road rehabilitation project.
Legal assistance to Romanian public authorities in relation to the implementation of the new directives on public procurement, concessions and utilities in Romanian procurement legislation - in particular, the new Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC – by preparing the national primary and secondary legislation transposing such directives.
Legal assistance to an international consortium in relation to the establishment of a centralised purchasing body procuring certain products and services for public institutions - consisting in the preparation of the primary and secondary legislation setting up the mentioned body.
Legal assistance to a local train and trams manufacturer in connection with a EUR 176,000,000 award procedure carried out by a local municipality.
Legal assistance to an international supplier of defence systems in relation to the award and implementation of USD 1 billion framework agreement to deliver 8x8 wheeled armoured vehicles.
Legal assistance services to Romanian authorities in connection with the concession/PPP/PFI for the construction and operation of a new motorway, together with the rehabilitation and operation of the existing motorway sections.
Legal assistance to an international construction group in relation to the award procedure regarding the rehabilitation of a railroad line.
Legal assistance to a national institute of physics in relation to the public procurement procedure regarding the award of an EPC contract for the design, manufacture, delivery, installation, testing, commissioning and maintenance during the operation of a high-intensity gamma beam system.
Consultancy services for a Montenegrin authority in preparing a highway project, estimated at more than EUR 800,000,000.

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