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Public Procurement and Concessions

Public procurement is at the core of the public sector’s investments and innovation efforts. We pride for having been entrusted by our clients with a role in major infrastructure and environment projects, or in local projects. Mocanu si Asociatii has been involved in a wide range of public procurement and concession projects, either by providing legal support to the contracting authorities, or by assisting and representing the contracting entities (national and international companies or consortia), in both cases throughout the procedure and the performance of the relevant contracts. Our expertise covers the following:

? Legal assistance for the participation of economic operators in the procedures for the award of public contracts (i.e. preparation of the tender documents; participation in tender opening sessions; signing and performance of public procurement contracts; filing challenges and complaints according to the public procurement laws

? Legal advice for the organization of award procedures of public contracts by contracting authorities (i.e. drafting the award documentation, the notices of intent, and the participation and award notices; checking the tenderers’ eligibility; legal assessment of tenders; signing and performance of public procurement contracts)

? Legal advice for the negotiation, signing and performance of public procurement contracts.

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DEALS

Advising and representing the largest German engineering and services group in connection with its participation in a tender for the award of works agreements aimed at closing improper landfills, an investment project co-financed from EU funds and amounting over RON 25mn.

Advising a non-governmental, not-for-profit organization on the implementation and overseeing of a project co-financed from EU funds.

Advising and representing one of the foremost Italian multinational construction company in connection with its participation to a tender for the award of works agreement pertaining to an infrastructure investment project amounting up to EUR 20mn.

Advising one of the largest Romanian operators in the fields of distribution, sourcing and other energy-related services, and its appointed financial adviser in structuring and executing the sale of shareholdings in companies resulting from the reorganization of former affiliated companies having been privatized.

Advising a non-governmental, not-for-profit organization belonging to an important international grant making network on the implementation and overseeing of a project co-financed from EU funds.

Advising and representing the Romanian subsidiary of one of the foremost Spain based multinational group operating in the field of civil engineering, constructions, industrial projects and concessions, in connection with its day-to-day activities.

Advising and representing an important Romanian producer of fluid pipelines and related technological facilities throughout an investigation procedure initiated by the Competition Council.

Advising a non-governmental, not-for-profit organization on the implementation and overseeing of projects co-financed from EU funds.

Advising and representing a governmental authority in preparing for privatization and executing the privatization strategy for the largest company in the mining and processing of the copper ore, including by conducting the legal due diligence investigation, drafting the presentation file and the sale-purchase agreement, assessing the potential state aide elements pertaining to the privatization, and assisting the client during the negotiations with the potential investors of the transaction documents.

Advising the Romanian salt mining and processing company in connection with its day-to-day activities, including in connection with complex transactions (i.e. preparing the company for privatization-restructuring-reorganization, the execution of asset deals).

Advising a privately-owned company operating in the energy field on its acquisition in a public tender of 100% shareholding in a local producer and distributor of thermal energy, including by advising the client in negotiating the transaction documents and closing the transaction, and assisting the client in obtaining the clearance of a state aid for the restructuring of the privatized company.

Advising the Romanian State throughout the procedure of contracting projects co-financed from various EU funds.

Advising an important Romanian health care services provider throughout the implementation of an investment project amounting up to EUR 10mn and being co-financed from EU funds

Advising and representing one of the largest international concession and constructions groups on the setting up of two affiliated companies in Romania, and providing legal advice in connection with the day-to-day activities of the Romanian affiliates

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