Public Procurement

Public procurement is an extremely developed field, the legal services being necessary both for the economic operators and for the contracting authorities, meaning that the PSBH team is adapted to the requirements of each of the parties involved.

In addition to the legal advice provided in public procurement procedures, namely advice and assistance on the preparation of award documentation or the interpretation and application of public procurement law, the practice of PSBH in this matter aims at:

  • Legal assistance and representation within the administrative-jurisdictional procedure before the National Council for Solving Appeals;
  • Legal assistance and representation before the competent courts regarding the formulation of appeals against the decisions of the CNSC, for the defense of the interests of the tenderers or for the defense of the interests of the contracting authority;
  • Legal assistance and representation before the competent courts for suspending the effects of the results of public procurement procedures and CNSC decisions;
  • Legal assistance and representation in disputes arising from the execution of public procurement contracts.

Rerference cases

  • PSBH successfully represented a customer with as a main business area the sale of stationery and office products before the national Board of Appeal, having obtained the annulment of the outcome of the award procedure, as evidence of the lack of substantiation of the unusually low price offered by another economic operator.  The result was the award of a framework agreement of RON 4.959.952,50.
  • The PSBH ensured that a customer’s interests were represented before the court, obtaining a favorable solution by obliging the contracting authority to bear the penalties for delay following a refusal to pay invoices.  Our team identified the legal provisions incidents, demonstrated at the same time the non-legality of the authority’s refusal to discharge its obligations, so the authority was obliged to pay penalties of about 30.000 lei.
  • The PSBH offer regular legal support to their clients – tenderers in public procurement procedures, by clarifying the requirements of the specifications, as well as by drafting requests for remedial action in respect of breaches of public procurement law.  Our team has obtained the cancellation of the result of the procedure for a customer whose primary business area is to supply office products, in view of the lack of the requirement to submit samples from the data sheet, which is why the offers have been reassessed, with the consequence that the Framework Agreement has been awarded to our customer.
  • The PSBH successfully represented the interests of an economic operator – reputed in the public procurement market, in a procurement procedure where, although the contracting authority designated our client’s bid as the winner, it failed to comply with the date of signing the contract, while extending the validity of the bids submitted by the other bidders.  Following our request to comply with the obligations laid down by law, the contracting authority has returned to its decision, maintaining the solution of the public procurement contract award.

Simona Dorobanțu
Senior Associate

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