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The Methodological Norms for application of the new laws on the award of public procurement and sectorial procurement agreements were enacted

The Methodological Norms, which are part of the new legal framework on public procurement and sectorial procurement, were published in the Official Gazette no. 422 and 423 on 6 June 2016, being approved through:

– Government Decision no. 394/2016 for the approval of the Methodological norms of application of the legal provisions regarding the attribution of the sectorial agreement/ framework agreement of Law no. 99/2016 on sectorial agreement;

– Government Decision no. 395/2016 for the approval of the Methodological norms of application of the legal provisions regarding the attribution of the public procurement agreements/ framework agreement of Law no. 98/2016 on public procurement.

Through the approval of the Methodological Norms, the laws on public procurement and sectorial procurement become fully applicable, as the norms establish the necessary details regarding the organization and performance of the awarding procedures, as well as for the performance of the contracts.

Briefly, the Methodological Norms:

– Provide details on the organisation and performance of the procedures applicable for the award of public procurement and sectorial procurement agreements, including the simplified procedures, completing thus the legal provisions of the main laws;

– Provide details for the application of the awarding criteria, establishing clearly the differences between “the lowest price” and “the lowest cost”, “the best quality-price ratio” and “the best quality-cost ratio” criteria;

– Offer information on the modality of performing the preliminary market consultations, prior to the start of an awarding procedure;

– Complete the framework laws by providing supplementary information on the verification and evaluation process, as well as on the candidates’ qualification and selection criteria;

– Present the notification procedure of the regulatory authority, EU Commission or Competition Council, in particular cases in which the contracting entity has an exclusive or special right or when the activity is directly exposed to competition on a market that does not have restricted access:

– Establish the subcontracting conditions within the agreements/ framework agreements.

Georgiana Singurel
Associate Partner REFF & ASSOCIATES 

Alexandru Lascu
Senior Associate REFF & ASSOCIATES

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