Announcement
regarding the selection of a lawyer to represent the interests of the State Road Administration (Î.S. „Administrația de Stat a Drumurilor”)
In accordance with the Regulation approved by Government Decision No. 764/2012 regarding the representation of state interests in judicial courts and national and international arbitration institutions (published on October 19, 2012, in the Official Gazette of the Republic of Moldova), and in compliance with the Order of the Minister of Justice No. 319 dated October 25, 2024, regarding the organization and conduct of the tender for the selection of a law firm or associate office of lawyers to represent the interests of the State Road Administration in judicial proceedings before the Court of Appeal in Baku, Azerbaijan.
The general information regarding the case is summarized as follows:
On January 31, 2019, a Contract No. RSP/W9/05 for the “Construction of the Bypass Road of Slobozia Mare Village” was signed between METAG Inșaat Ticaret A.Ș. as the Contractor and the State Road Administration as the Beneficiary.
Following the Contractor's request to withhold from applying deductions for the recovery of the advance granted to the Contractor from the Interim Payment Certificates, on September 22, 2023, through letters No. 11-11/6066 and No. 11-11/6067, the Beneficiary requested the bank “Muganbank” OJSC to encash the bank guarantees for the advance payments.
On October 6, 2023, in letter No. 17-6520, the bank “Muganbank” OJSC requested the submission of the Final Payment Certificate, including all deductions related to the advance payment. This was executed by the enterprise on October 11, 2023, via letter No. 11-11/6584.
Subsequently, on October 19, 2023, the State Road Administration (Î.S. „Administrația de Stat a Drumurilor”) repeatedly requested the bank “Muganbank” OJSC to encash the bank guarantees for the advance payments.
It should be noted that on October 27, 2023, the Turkish company MetagInsaat Ticaret A.S. terminated Contract RSP/W9/05 for the “Construction of the Bypass Road of Slobozia Mare, km 0+000 – km 18+290.” Similarly, on November 17, 2023, the State Road Administration also terminated Contract RSP/W9/05 for the same project.
On November 22, 2023, the State Road Administration requested the bank “Muganbank” OJSC to encash the bank guarantee for the retention money and the performance guarantee.
Later, on December 5, 2023, the enterprise was informed that, by Decision No. 50 dated October 18, 2023, the banking license of “Muganbank” OJSC was revoked, and the bank was in insolvency proceedings declared by Decision No. 2-3 (103)-54/2023 of the Administrative Cases College of the Baku Court of Appeal on October 24, 2023. It was also communicated that, according to the decision of the Court of Appeal and the provisions of the Banking Law of Azerbaijan, the Deposit Insurance Fund was appointed as the liquidator of the bank. In this regard, acting as the liquidator, they requested a series of confirmatory documents for the bank guarantees that are to be collected by the enterprise.
On December 7, 2023, the requested documents were submitted to the liquidator of the bank.
Subsequently, on January 18, 2024, the enterprise was informed that claims against the bank “Muganbank” OJSC amounting to 1 828 439.88 EUR, 312 201.27E UR, and 914 219.94 EUR had been registered under no. 1078, no. 1079, and no. 1080.
In this regard, on March 29, 2024, through letter No. 11-15/1417, the enterprise requested information regarding the insolvency proceedings, mentioning that the performance guarantee for the contract, as a certain, valid, and real claim of 1 828 439.88 EUR, had been omitted. This request did not receive a response.
Later, on September 5, 2024, the State Road Administration received a summons dated August 23, 2024, issued by Judge Perviz Huseynov of the Baku Court of Appeal, informing that on September 10, 2024, at 14:10, a hearing would take place to examine the request for approval of the lists of admitted and contested claims of the creditors of OJSC “Muganbank,” which is in the process of liquidation, as presented by the liquidator “Muganbank” OJSC, the Deposit Insurance Fund.
On September 6, 2024, a request for postponement of the court proceedings was submitted, citing the need to conclude a legal assistance contract to guarantee the right to defense. The request was granted, and the examination of the case was postponed to November 6, 2024.
I. Date, timeand location of the tender:
The selection will take place with the opening of the bids at the Ministry of Justice of the Republic of Moldova: MD - 2012, Chisinau, 31 August 1989 Street, No. 82, Office 104, on November 19, 2024, at 10:00 AM. Participants in the tender or their representatives have the right to attend the bid opening.
II. 1). Requirements for candidates from the Republic of Moldova:
- Any individual holding a lawyer's license may participate in the selection, including law firms/associates of law firms in partnership with foreign law companies/offices, who possess the necessary qualifications and professional skills and are authorized to practice law, plead, and act on behalf of their clients, representing them in the courts of Azerbaijan,
- A minimum of 3 years of experience as a lawyer.
- Proficiency in English and in one of the working languages accepted in the courts of Azerbaijan (Russian);
- Legal experience in the bank insolvency process.
2). Requirements for the partner company:
- Has a minimum of 3 years of experience as a lawyer;
- Has experience representing clients in Azerbaijan courts;
- Proficiency in English and in one of the working languages accepted in the courts of
Azerbaijan (Russian);
- Legal experience in the bank insolvency process.
III. Evaluation of bids:
Bids will be evaluated confidentially, and the winning bid will be the one that meets the established evaluation criteria and is the most advantageous in terms of the quality of the submitted materials and the financial proposal.
The following advantages will be considered during the evaluation of bids:
- Success as a representative in similar litigation before the courts of Azerbaijan;
- Submission of a reasonable price proposal.
IV. General requirements regarding the provision of services:
- Providing legal assistance to the State Road Administration (Î.S. „Administrația de Stat a Drumurilor”) in the litigation being examined before the Baku Court of Appeal, Azerbaijan;
- Analyzing case materials, relevant legislation, and pertinent jurisprudence, as well as identifying legal solutions for effective representation before the Baku Court of Appeal, Azerbaijan;
- Participating as a representative of the State Road Administration in the aforementioned case at the Baku Court of Appeal, Azerbaijan;
- Drafting, preparing, and presenting all necessary procedural documents to exercise the representation duties with maximum diligence;
- Consulting with the State Road Administration on objections and actions to be taken in the respective case;
- Informing the represented party about the progress of the case after each hearing or procedural action;
- Exercising maximum diligence and prudence to ensure the representation of the interests of the State Road Administration under the best possible conditions.
V. List of documents for the participation in the tender:
The set of documents for participation in the tender, addressed to the Selection Committee, must include the following documents, either in original or certified as required by law, prepared in Romanian or translated as stipulated by law:
a) A signed application for participation in the tender, addressed to the Selection Committee;
b) Documents proving the capacity to exercise professional activity:
- For law firms/associates in the Republic of Moldova:
- Copies of the identity card, lawyer's license, and/or those of the members of the associated law firm, as well as the tax code assignment certificate issued by the tax authority where the office is declared;
- For foreign lawyers/foreign law firms:
- Incorporation and registration documents, and professional affiliation or certification, in accordance with the legislation of the country of origin.
c)Curriculum vitae (CV) of the foreign lawyer/members of the law firm who will be involved in providing representation services, detailing relevant experience;
d)A declaration of self-responsibility regarding the absence of affiliation and conflict of interest with the parties involved in the litigation;
e)Presentation of the history and professional experience of the law firm/associated law office, local and foreign law firms;
f)Documents proving that the foreign lawyer/associated office/foreign law firm has valid professional liability insurance;
g)Price proposal for the services provided, indicating in euros (EUR) the maximum amount that can be requested for the completion of all necessary and useful actions for the representation of the interests of the State Road Administration (Î.S. „Administrația de Stat a Drumurilor”), separately for each level of jurisdiction, until the final and irrevocable resolution of the case before the courts of Azerbaijan;
h)Proof of partnership with a law firm/associated office in the Republic of Moldova;
i)Proposals and accompanying documents translated into Romanian (authorized translation/self-declaration)
j)All presented documents certified simply (self-declaration).
The total proposed price will include both the amount of fees and the value of judicial expenses (such as fees, transport costs, accommodation, and any other potential expenses).
The fee structure will be presented in a table indicating the fixed maximum amount for each category of personnel within the working team.
The structure of the price for additional expenses (if any), which will be included in the total offer, will be presented separately in another table.
VI. Candidates who will not be admitted to participate in the tender are those who:
- Have less than 3 years of experience in the legal profession;
- Have not submitted the complete set of required documents or their submission does not comply with the established requirements;
- Have not submitted the set of documents for participation in the tender within the deadline specified in point VII.
VII. Deadline for receiving and registering documents related to the tender:
November 19, 2024, at 09:00 AM, at the following address: Ministry of Justice of the Republic of Moldova: MD – 2012, Chisinau, 31 August 1989 Street, No. 82, 1st floor, Office 128 (Chancellery), Tel. + (373 22) 201-431.
Contact person 1: Livia IONAȘCU, Head of the Legal Department, State Road Administration (Î.S. „Administrația de Stat a Drumurilor”), Tel. (022) 74-85-94, Email: ionascu@asd.md
Contact person 2: Alina GHEȚIU, Secretary of the Selection Committee, Tel. (022) 20-14-14, Email: alina.ghetiu@justice.gov.md.
Bids and documents must be submitted in a sealed envelope either by mail or by courier, to the address and within the specified timeframe. The envelope should be marked as follows:
Participant name “________________________”
Participation in the tender for the representation of the interests of the State Road Administration (Î.S. „Administrația de Stat a Drumurilor”).
Do not open until 10:00 AM, Chisinau time, November 19, 2024. To be opened only by the Selection Committee.
VIII. The validity period of the offer will be 60 (sixty) days from the deadline for submission of the offer.