The order of the President of the National Authority for regulating and monitoring public procurement, regarding the clarifications on the content of tender documentation was published in the Official Gazette of Romania , part I, no. 330, on the 16th of May 2012.
According to the normative act, the authorities response to the required clarifications on documentation about public procurement and the tender documentation issued by the contracting authority, that represent administrative provisions ( that bring explanations and clarifications on the matter discussed) and through the admnistrative provisions you can’t change the content of the documentation, as mentioned in the S.E.A.P publication.
If the contracting authority modifies the content of the tender documentation, through the response to the request for clarifications, according to the terms stipulated by art. 2562 paragraph 1 from the GEO no. 34/2006 regarding the distribution of public procurement contracts, public works concession contracts and service concession contracts, this will be reported at the date when you acknowledged the response from the contracting authority.
In the above mentioned example, the National Council of Solving Contestations analyzes the legality of the modifications imposed by the contracting authority.
>> The source: JURIDICE.ro
