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Public Sector

Each public sector project raises specific regulatory and legal issues that need to be addressed and assessed in a specific context. Our in-depth experience and thorough understanding of both local and EU legislation enable us to offer legal and advisory assistance that will not only meet the specific needs of the contracting authorities but will also give proper consideration to the requirements of the bidders participating in awarding procedures concerning public procurement, concessions or public-private partnerships (PPPs). Advisory services offered to CONTRACTING AUTHORITIES cover the entire procurement cycle, including: 



Audit

of

(public)

procurement

procedures

organized/financed by public authorities and other financing bodies, on behalf of the latter

Drafting legal opinions on the interpretation and

(e.g. Ministries, the World Bank, EBRD, etc.).

implementation of national and EU public 

procurement legislation.

Design

of

public

procurement

policies

&

execution

in

procedures. 

Tender

evaluation

assistance

(part

of

the

Evaluation Commission) as outsourced expert on



behalf of the contracting authority. 

Privatization

structuring

and

conformity with public procurement law.

Preparation/drafting of tender documentation



and specific bidding forms (e.g. procurement

Public

procurement

law

scrutiny

of

the

contractual relationships of municipal entities.

datasheet, terms of reference, evaluation criteria, specific

documents/forms,

consortium



agreements) in relation to national/EU awarding

Public procurement law scrutiny of public-private cooperation.

procedures.  

Drafting, review, negotiation, implementation and

monitoring

agreements,

of

as well

public as

of

Assistance in conducting private sector investor tests.

procurement public project

management agreements for the concession of



State

aid

law scrutiny

of

the

contractual

relationships of municipal entities.

public works, services and for PPPs.

1 © 2015 NTMO SPRL, a Romanian law firm, member of the Bucharest Bar Association. NTMO is associated with KPMG Legal, an international network of independent law firms. All rights reserved. Printed in Romania.



Review of the funding structures of municipal

public works and services.

enterprises and assistance in modifying such 

structures.

Drafting legal opinions on the interpretation and implementation



Assistance with all procedural aspects regarding

of

national

and

EU

public

procurement legislation.

public procurement litigation. 

public procurement law.

Advisory services offered to BIDDERS cover the whole public procurement process, including: 



Coordination with authorities.



Coordination with tax authorities.



Contract management.

PPP structuring and execution in conformity with

Other services: 

Preparation/drafting of tender documentation

Court dispute assistance in connection with

and specific bidding forms for participation in

public procurement issues and contracts, or

awarding procedures (including consortium or

public-private partnerships.

joint

venture

agreements,

subcontracting 

agreements as well as firm commitments of support).

Training

courses

on

EU/national

public

procurement procedures/regulatory framework to both private and state entities (e.g. County



Assistance and/or



with

identifying

errors

related

documentation

and/or

to

inconsistencies

Councils, Chambers of Commerce, the Romanian

the

Court of Accounts).

the

awarding

procurement

procedure; formulating relevant requests for



Infrastructure and Transport

clarifications.

-

Project management.

-

Project financing.

-

Legal assistance in managing projects with regard

Legal

assistance

in

filing

complaints

in

accordance with public procurement and PPP

to public procurement.

legislation.

-

Revision and negotiation of public procurement

-

Assistance regarding preparation of feasibility studies.



or

PPP

agreements,

project

Major Projects Advisory.

management

agreements or contracts for the concession of

Top three recent projects

KPMG Legal

KPMG Legal

Ministry for the Information Society

County Council

Review of public procurement procedures related to 250 reimbursement claims, as well as over 50 on-site inspections

Public procurement assistance provided in connection with a major EU funded project for monitoring and implementation of the integrated waste management system at county level

KPMG Legal National Crude Oil Transporter Drafting of the Internal Public Procurement Rules in accordance with the guiding principles of the national public procurement legislation

© 2015 NTMO SPRL, a Romanian law firm, member of the Bucharest Bar Association. NTMO is associated with KPMG Legal, an international network of independent law firms. All rights reserved. Printed in Romania.

Other important credentials:  Due diligence assistance provided to an important company operating in the hydrocarbons transportation field. Our assistance consisted of an assessment of the tender procedures, as well as providing legal advice in relation to the execution of these procedures;  Legal assistance offered to a major electricity provider related to the financial corrections imposed by managing authorities for structural funds;  Legal assistance provided to an important manufacturer operating in the automotive industry, in connection with the implementation of new procurement procedures applicable to private beneficiaries of projects financed from structural funds;  Assistance provided to an important producer of construction adhesives related to a project financed from structural funds, which consisted of a legal assessment of procurement documentations and contracts;  Legal assistance provided to the largest natural gas producer in Romania concerning preparation of public procurement documentation, including the relevant tender book, forms and public procurement contract to be used by the client under a major tender procedure;  Our attorneys have successfully provided assistance and court representation, at several levels of jurisdiction, for an important Japanese producer of analytical instruments used in research, development, and quality control, concerning a claim relating to the execution of a public procurement contract with a value exceeding EUR 580,000;  Assistance to a Dutch healthcare services provider in connection with the implementation structure and incorporation of state-of-the-art diagnostic and dialysis medical centres. As part of our assistance we drafted the necessary documents and provided advice on the Romanian healthcare and procurement laws, as well as representing the company before the Romanian Health Ministry and the Health Insurance Authority;  Assistance to a Turkish investor for the setting up of a private hospital under a Public Private Partnership (PPP) agreement with the Romanian Government. We advised our client on the specific regulatory environment and on all steps and procedures to be covered for the implementation of the PPP project;  Implementation of a USD 150 million Public Private Partnership project with the Ministry of Transports, Construction and Tourism. Our assistance was focused on the drafting and negotiation of the Public Private Partnership Agreement and the Project Company’s incorporation documents, the negotiation of a syndicated loan to finance the project, and also included ongoing legal assistance on various matters related to the implementation of the PPP;  Assistance in connection with the Global Fund to Fight AIDS, Tuberculosis and Malaria, which consisted of a review of public procurement procedures and participation in the negotiations conducted with relevant authorities;  Legal assistance provided to a major Romanian - German consortium in the engineering sector, in connection with a power development project worth EUR 77 million, implemented by a state-owned capital company;  Assistance to a major Romanian company in the construction sector, by assisting its access to European funding and subsequent disbursement of eligible costs;  Legal assistance provided to a major Romanian – Serbian consortium in the engineering sector, in connection with a power development project with a value in excess of EUR 7 million, implemented by a state-owned company;  Legal assistance to the banking, financial leasing and insurance divisions of a top-ranking company operating in the automotive industry. Our assistance included, the revision of the bids submitted, as well as of the contracts executed further to the awarding procedure;  Due diligence assistance provided to a strategic investor in the mineral water distribution sector. Our assistance included a review of the implications related to the concession and the operation under a concession contract of a number of plots of lands and natural resources. Our advisors also offered assistance in preparation of the tender documentations and procedures, on a large number of projects organized by public authorities, in a variety of fields:  

 

The Ministry of Health and Family, in connection with an EBRD loan granted to financially support the Health Rehabilitation Project; The Ministry of Environment and Water Management, for a project whose purpose was the strengthening of the institutional and administrative capacity to coordinate the environmental policy in accordance with the European legislation; The Ministry of Finance, on a major PHARE project for the organization of training courses on cost accounting for five state controlled companies: METROREX, RADET, RAAPS, CNLO and ROMSILVA; The Ministry of Education and Research, in connection with a project for higher education and research reform;

3 © 2015 NTMO SPRL, a Romanian law firm, member of the Bucharest Bar Association. NTMO is associated with KPMG Legal, an international network of independent law firms. All rights reserved. Printed in Romania.

    

The Institute for Mother and Child Care, on a project relating to optimization of medical information exchange through the creation of a web portal providing scientific data, under the guidance of healthcare professionals; The National Regulatory Authority for Communications, in connection with the liberalization and development of electronic communications and mail services; The SAPARD Agency, for the implementation of an internal audit department, operating in line with the international standards on auditing; Bucharest District 2 Mayor’s Office, in relation to a project for optimisation of the review and storage of information and documentation, by the Mayor’s Office staff; The Romanian Court of Accounts, in connection with a major project for professional training of staff, using nonreimbursable European funds; Our professionals have also assisted a significant number of public institutions in assessing compliance of public procurement documentations with applicable regulations, as well as in connection with numerous other legal issues. Some of the major projects are presented below:

 





 











Assistance to the National Roads Administration in connection with an important concession project; Legal assistance to Tulcea County Council in connection with the procedures used, and framework agreements concluded, by this institution for its concession projects. Our assistance covered an extensive assessment of the concession agreements concluded by Tulcea County Council, as well as of the concession procedure used for a project in the Danube Delta. Subsequently, we prepared a report in which we identified the legal areas in need of improvements and also a framework documentation to be used in future concession procedures; Legal assistance to the Ministry of Public Works, Transports and Housing which consisted of a review of the draft law on municipal services, recommendations for amendment of the proposed draft law, a consolidated analysis of the general legal framework governing the public utilities sector, assistance in connection with the development of secondary legislation on water management, as well as the development of a strategy in line with the relevant EU legislation; Legal assistance to the Ministry of Public Finance in its relationship with the German-Romanian Fund, in relation to a project aimed at improving the performances of small and medium sized enterprises and of the financial sector at national level. As Manager of the Fund for over 10 years, KPMG has assisted the Ministry of Public Finances in the negotiation and drafting of credit contracts with partner banks and end-beneficiaries, as well as monitoring the Ministry’s credit portfolio; Legal assistance to the Brasov Mayor’s Office in a conformity assessment of public procurement contracts and documentations, for the implementation of a European funded project worth EUR 14 million; Multi-annual legal assistance provided to the Ministry of Education, Research and Innovation in a conformity assessment of public procurement contracts and documentations, for the implementation of a number of major European funded projects relating to the professional development of human resources; Assistance to the Ministry of Transportation and Infrastructure in connection with a World Bank funded project. The assistance consisted in a legal assessment of the conformity of public procurement contracts and documentation with the World Bank Regulations; Legal assistance provided to the Ministry of Environment in connection with a World Bank funded project. The assistance consisted of a legal assessment of the conformity of public procurement contracts and documentations with the World Bank Regulations; Assistance offered to BRD Group Société Générale which consisted of a legal conformity assessment of public procurement contracts and documentations, for the implementation of a number of European funded projects in relation to professional development of human resources; Legal assistance provided to the Ministry of Justice in relation to the implementation of an E-Justice system under a PPP/concession scheme, with an overall project value exceeding EUR 20 million. Our assistance included a review of the legal framework applicable to the sector, an analysis of the legal amendments required for the implementation of the project, as well as preparation of a concession agreement template to be used by the Ministry under the project; Supporting public procurement and concession related assistance, provided within a consortium structure, with regard to a major highway construction project, developed at national level.

4 © 2015 NTMO SPRL, a Romanian law firm, member of the Bucharest Bar Association. NTMO is associated with KPMG Legal, an international network of independent law firms. All rights reserved. Printed in Romania.

NTMO in association with KPMG Legal - Crafting the Laws of Success The strength of NTMO comes from the finely tuned legal skills and resilient commitment of its people. It is more than ourselves or our law firm - we strongly believe in a higher purpose, our clients and their sustainable businesses, this country and its future. Business evolves, global mega trends bring new challenges, industries and the public sector change, so we stand by our clients and communities with dedication, energy and pragmatic support. You will be in safe legal hands with us, as our roots in Romania go back 20 years, while we also extend internationally through our KPMG Legal membership, with its more than 1,500 lawyers in 90 countries – we take pride in our reputable name, value mission and talented people.

Contact

Victoria Business Park, DN1, 69-71 Bucuresti-Ploiesti Road, Sector 1, 013685 www.kpmglegal.ro

Tel. +40 (741) 800 800 +40 (372) 377 800 Fax +40 (741) 800 700 +40 (372) 377 700

Daniela Nemoianu Managing Partner

Laura Toncescu Managing Partner

Alina Mihaila Partner

Sebastian Olteanu Partner

[email protected]

[email protected]

[email protected]

[email protected]

Email [email protected]

5 © 2015 NTMO SPRL, a Romanian law firm, member of the Bucharest Bar Association. NTMO is associated with KPMG Legal, an international network of independent law firms. All rights reserved. Printed in Romania.