Romania: Schoenherr advises PESA on securing EUR 223m contract with Romanian Railway Reform Authority
Schoenherr Romania advised the Polish rolling stock manufacturer Pojazdy Szynowe PESA Bydgoszcz SA ("PESA") on signing a public procurement contract with the Romanian Railway Reform Authority ("ARF") for the delivery of 20 long-distance electric multiple unit ("EMU") trainsets. The contract, valued at EUR 223m, also encompasses maintenance services for a duration of 15 years. It can be extended to cover nine additional EMU trainsets, with the option for an additional 15 years of maintenance.
The firm's services covered advice to PESA on its participation in the public procurement procedure organised by ARF. This involved reviewing the tender documentation, and assistance during administrative and court proceedings to challenge various aspects related to the procurement. As PESA was declared the winning bidder in the procedure, we also assisted in the signing of the public contract.
"In the past few months, PESA was declared the winning bidder in two major public tenders organised by the ARF, including this one, with a total value that can exceed EUR 1bln," said Schoenherr attorney at law Valeria Stropșa, who advised PESA in this matter. "We are honoured to have contributed to these significant wins and to be alongside PESA in signing this public contract."
When put into operation, the acquired EMU trainsets will contribute to Romania's goals of ensuring mobility, reducing journey times and improving the overall quality, comfort and efficiency of public rail transport.
"The modernisation and electrification of Romania's railway system is a key element in the country's Recovery and Resilience Plan," said Schoenherr partner Matei Florea, who heads the firm's projects, concessions/PPP and public procurement practice group in Romania. "Further major investments are planned in this sector, which are expected to stir interest from strong international private partners such as PESA."
PESA is a rolling stock manufacturer. Its trains and trams run in many European countries and are used by the inhabitants of Warsaw, Kyiv or Sofia and passengers of DB Railways, Trenitalia, Czeskie Drahy or PKP IC. The production of zero-emission vehicles, including hydrogen-powered locomotives and trains, is the key element of the "Green Pesa" strategy. PESA has been active in Romania since 2012. In recent years, it has delivered 17 trams for the city of Craiova and 16 trams for the city of Iasi.
The Romanian Railway Reform Authority is the public institution part of the Romanian Ministry of Transportation.
The Schoenherr team advising PESA in this matter included public procurement lawyers Valeria Stropșa (attorney at law) and Mihai Băicoianu (attorney at law). Dispute resolution matters were also covered by Andrei Greceanu (attorney at law).