Public Procurement & PPP

RMDT’s Procurement and PPP Group for leading international and Romanian construction companies, owners, developers, construction lenders, construction managers, subcontractors, vendors, architects, and engineers involves virtually all phases of the construction process. RMDT’s representation extends from the beginning of a project through its conclusion, from the negotiation of contracts and the preparation of bids, to the resolution of construction disputes. RMDT attorneys regularly assist in project administration, job close-outs and settlement, and privatization matters, and we have experience in most forms of construction litigation including arbitration. We provide a full range of services with respect to government contracts, including bid protests.

Our construction and procurement attorneys have a thorough knowledge of the law and extensive experience with construction defect claims, extra work claims, delay and disruption claims, acceleration claims, and claims for lost labor and equipment productivity. We have a thorough understanding of how to calculate extended project costs so that we can assist our clients in recovering monies lost on a delayed project. We have experience addressing design defects, cardinal changes, commercial impracticability, differing site conditions, access problems, over-zealous inspectors, structural failures, rejection of nonconforming work, terminations, payment and performance bonds, performance guarantees, liquidated damages, and warranties.

RMDT has counselled, on a regular basis, the world’s leader in global communications and electronics industry in connection with the implementation of certain highly important public projects offering strategic, legal advice at the interface of regulation, competition and procurement during the negotiation and the performance of the related public procurement agreements as tendered and awarded by the Romanian Intelligence Service/ATI, the Romanian Foreign Intelligence Service, the Ministry of Administration and Interior, the Ministry of National Defense, Romtehnica and/or the Romanian Border Police, for the acquisition of various telecom and radio solutions of interest for the national public order, defense and security, including border security, of which some involving certain fairly complex Phare, Schengen, USTDA/BERD or other public or private funding schemes. RMDT has also assisted the world’s leading designer and producer of integrated military and defense equipment during the tender set up for the acquisition, by a Romanian airport management authority, of certain military technical devices and high performance radar systems.

RMDT represented and advised numerous clients during the negotiation, conclusion and performance of a broad range of offset agreements as provisionally required under the relevant public procurement contracts concluded by the same in the field of national defense, public order and national security, some of the proposed solutions resulting in a shift in the customary practice of the Romanian authority for Offsetting Special Technique Procurements.

Furthermore, RMDT has represented and advised one of the key corporations activating in the oil and gas, electricity generation and sale, petrochemicals and oilfield service industries for the concession, from the Romanian state, of the public services and works relating to the establishment and the exploitation of several filling stations on one of Romania’s highways, as well as with respect to the concession, from a number of Romanian local authorities, of several plots of land intended to serve for the set up and the development, at a national level, of a gas stations network.

Our team has counselled one of the chief companies activating in the dynamically developing market of environmental protection and water and waste treatment, solid waste treatment, renewable energy production and urban environment upgrade during the relevant tenders and subsequently during the performance of several public procurement agreements awarded for the construction of a number of ecological landfills in two important urban areas of Romania, of which some financed through the Phare facility.