Infrastructure & PPP / Public Procurement

Musat & Asociatii advised various Governmental institutions, as well as private clients in public tenders, property finance and leasing, concession of public assets and services, drafting and negotiating public private partnerships (PPP) & concession agreements, feasibility studies, regulatory issues, royalties and tariffs. Our team has broad expertise covering complex transactions, such as motorway and road projects, power sector projects, mining transactions, delivery of services or facilities for water/wastewater and urban development, and advice on PFI, BOT and other similar schemes and innovative financing techniques. We pride ourselves for having been acting for many multinational corporations and leading local players in infrastructure, projects and PPP, which praise the firm’s experience and creative thinking, with the right blend of legal ability and a constructive commercial approach.

A selection of our recent instructions include advising:

Ministry of Economy and Hidroelectrica (the leading State-owned energy producer), as part of an international consortium, in connection with the construction of Tarnita-Lapustesti Hydropower Plant, a hydroelectric pumped-storage greenfield project, with a forecasted installed capacity of 1,000 MW, estimated to require an investment exceeding EUR 1.3 billion.
Enel Produzione SpA (the largest electricity company in Italy) on an estimated EUR 4,000,000,000 PPP project with the Romanian State-owned company Nuclearelectrica S.A. for the development of Units 3 and 4 of Cernavoda Nuclear Power Plant.
Enel SpA (Italy) in connection with the PPP project with Termoelectrica SA (the largest State-owned electricity producer in Romania) in relation to the refurbishment and new capacities development project for several power plants in Braila, Doicesti, Borzesti and Galati.
Enel SpA in relation to the brownfield project for the refurbishment of the 800 MW hard coal capacity located in Braila, involving investments exceeding EUR 1,000,000,000.
Gabriel Resources, a major Canadian mining group, in relation to the exploration and exploitation of the Rosia Montana gold mining site (the biggest gold and silver mining site in Europe) in partnership with the Romanian State-owned company Minvest S.A. The firm has dealt with complex concession law issues, including mining concession licenses, protocols and partnerships concluded with the local authorities for resettlement and relocation, and concession agreements to secure the surface rights required to develop the project.
The European Investment Bank (E.I.B) in connection with the EUR 232,000,000 loan granted to the Municipality of Bucharest for the purpose of infrastructure rehabilitation and urban development.
Colas, the world leader in the construction and maintenance of infrastructure for transport and urban development, with regard to the renegotiation and restructuring of two FIDIC agreements concluded with the National Motorway and Road Company (CNADNR), referring to (i) the rehabilitation of over 75 km of DN1, one of the major national roads, linking Bucharest to the north-west regions; and (ii) design and building contracts for the Suceava ringroad.
Dambovita Water Company, the public water operator for the county of Dambovita, in connection with the tendering procedure, services and concession contracts concerning the management, supervision and construction works regarding the rehabilitation and extension of the local water supply systems, with a total value of EUR 120,000,000.
Electrocentrale Bucuresti SA, a leading State-owned electricity producer, in connection with structuring and implementing several greenfield/brownfield projects aimed to upgrade existing power plants and develop new co-generation capacities, together with several private investors, such as Dalkia International, Bateman Group and Equest Partners Ltd.
Grupo Puentes, a Spanish construction company, in the public procurement process and throughout the implementation of various major public interest projects to be developed in Giurgiu, Cluj, Turnu Magurele and Tulcea, with a total value of EUR 33,000,000.
B Braun, the third largest provider to dialysis centers in Europe, in connection with a PPP project concluded with the Targoviste County Hospital related to its dialysis center.
Halliburton B.V., a major US procurement and construction services provider in the oil field, in connection with the development of a multi-million project for engineering services, procurement and construction of an industrial production facility.
EP Energy Projects in connection with the implementation of a project in cooperation with local public authorities, consisting of the construction and operation of a wind power plant, together with all technical installations and facilities.
The Municipality of Braila and the related local Authorities on their proposed PPP project with a strategic investor for the construction of an international airport in Braila.
County Council Dambovita with respect to a wide range of PPP matters arising from the tendering procedure for two concession agreements regarding domestic waste collecting, transport, deposit and processing services for the county of Dambovita, including drafting and reviewing all the required documentation, the tender book, the concession contracts, as well as legal assistance on State-aid issues relating thereto.
Vinci Construction Grands Projects, a leading European construction company, in connection with a PPP agreement with the Romanian Ministry of Transport in view of financing, designing, building and operating the Bucharest-Brasov motorway.
Alstom Transport S.A, the Romanian subsidiary of a world leader in power and transport activities, on a PPP agreement with Metrorex S.A., the Romanian subway operator, concerning the maintenance and modernization of locomotives and wagons.
Suez Lyonnaise des Eaux (ONDEO), a leading European utilities company, on the concession agreement concluded with the Water Public Corporation for the concession of the Bucharest water facilities.
Total and the National Oil Company Petrom S.A. in connection with the concession agreement concluded with the National Agency for Mineral Resources for the exploration and exploitation of an oil field in the Black Sea.