Q: Do I have to register a company in Bulgaria in order to take part in public tenders? If I have a local partner, do I have to set up a joint venture in Bulgaria in order to take part in public tenders?
A: As a matter of first principles, any individual or organization can take part in a public procurement process in Bulgaria, irrespective of whether they are Bulgarian or foreign resident or registered.
Consortia and associations of such persons enjoy this right likewise.
However, the awarding authority would typically issue tender documentation containing precise requirements regarding the legal form, legal, financial and technical capabilities expected of participants in the tender.
It is a common for organizations to form joint ventures with local partners in order to more easily meet the requirements set by the awarding authority. Local partners may have good know-how and this may be one of the reasons why you wish to work with them, but you and they do not have to form a joint venture. A joint venture can be structured as either a new organization separate from those of the two joint venture partners or as a contractual arrangement negotiated with a local partner.
The bid of one of Europe’s leading energy groups to acquire a nuclear project in Bulgaria
Members of our team advised one of Europe's leading energy groups on its bid (legal due diligence and transaction support) to acquire 49% of the shares in the company intended to construct and operate a Nuclear Power Plant in Bulgaria.
© New Balkans Law Office 2020