PPP and procurement framework

Concessions

Advising clients in relation to concession tenders, preconditions of application of concession procedures provided for in the law, steps, procedure of implementing proceedings and termination. We provide conclusions on conditions of  concession tenders and their  compliance to the applicable law to both customers and applicants, the procedure of selecting and excluding tenderers, as well as advice on peculiarities  of concession procedures in comparison to procurement procedures and specific conditions of public works concession procedures. Providing legal assistance in respect of the concession contract conditions, submitting applications to the court on amendment or annulment of concession contract terms, declaring a contract null and void, or shortening its term, as well as collection of damages in connection with the concession contract. Assessing actions of the concession procedure commission and compliance of decisions to applicable regulatory acts and providing assistance for efficient implementation of the client’s interests and rights in disputes related to alleged violations of the concession procedure.

Public procurement

Advising clients in relation to public procurement implemented for the needs of both the state, municipality and providers of public service. We provide conclusions to both customers and tenderers concerning conditions contained in procurement regulations and their compliance to applicable laws. Providing legal assistance in respect of compliance to requirements  contained in regulations and appeal against them, types of procurement procedures and their application, conditions of selecting tenderers, assessing draft procurement contracts. Assessing compliance of activities of the procurement commission to applicable regulatory acts and assistance for efficient implementation of the client’s (the applicant’s, the customer’s and also the third party’s) interests and rights in disputes related to alleged violations of the procurement procedure. Providing representation of the client in proceedings at the Procurement Monitoring Bureau and the administrative court. Advising on matters related to performance of the procurement contract, as well as providing information to customers about the latest changes in the regulatory framework.

Institutional partnerships

Advising clients about preconditions for setting up a  joint-venture company within the framework of the public-private partnership contract, requirements on regulations of concession procedures in case of institutional partnership, terms of a public-private partnership contract, as well as the procedure of concluding, amending and terminating the contract in case of institutional partnership.

Providing legal assistance on the procedure of supervising the private partner of a joint venture, the procedure of establishing and terminating a joint venture, peculiarities of operation of a joint venture, information exchange agreements and rights of intervention by the funder in case of institutional partnership, as well as compensation payments of in case of early termination of the contract. Providing information to clients about the latest changes in the regulatory framework for public-private partnerships.

 EXPERIENCE

  • Appealing the results of the procurement and concession tender before the administrative court
  • Representation in the administrative court in a case on appealing the results of a concession tender
  • Representation in the administrative court concerning appeal of the results of a concrete sleeper with flexible fastenings tender
  • Representation in the administrative court concerning appeal of the results of an insurance tender
  • Representation in the administrative court concerning appeal of the results of a concession tender on provision of public transport services organized by a Municipal Council
  • Representation in the European Court of Justice in a case on the legality of public transport service agreements
  • Legal assistance concerning selection of the waste management services provider by a Municipal Council
  • Legal advice to enterprises and agencies on application of public procurement regulations

 

 

Experts

matiss-skinkis

Matiss Skinkis

Associate

ilze-bukaldere

Ilze Bukaldere

Attorney at Law