Changes in public procurement

The Official Gazette of Romania, Part I, no. 827 of 10 December 2012 has published the Government Emergency Ordinance no. 77/2012 amending and supplementing Government Emergency Ordinance no. 34/2006 regarding the award of public acquisitions contracts, public works concession contracts and services concession.

The Emergency Ordinance transposes the Public Procurement Act no. 34/2006 the Regulation EC no. 1251/2011 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and the Council, in terms of their application thresholds for the procedures for awarding public contracts.

The Emergency Ordinance will keep the threshold for direct procurement, which is still the RON equivalent of EUR 15,000, but adjusts the thresholds above shall be made wherever there is an obligation to perform a Europe-wide publicity, meaning correlate with new European legislation.

Thus, the publication in the Official Journal of the European Union is required for public works concession contract in all cases the estimated value thereof is equal to or greater than the RON equivalent of EUR 5 million.

For flexibility in the awarding of public procurement contracts it is only required to notify  ESPP by the contracting authorities, when the direct procurement sum is exceeding the equivalent in RON of EUR 5,000 VAT.

Other provisions relate to the reduction from 14 days to 10 days the period for examining the tender documentation by NARMPP.

It regulates a period of three days to evaluate award documentation, which is a return to a documentation NARMPP rejected, and a period of two days to verify the invitations Erratum lists.

The legal document also brings a series of additions and clarifications for appealing procedures.

Thus, we introduce the provision that the Council reasoned a decision on how to resolve the complaint by the contracting authority will be published in SEAP within 5 days of receipt, without regard to the identification decision and the parties, the data staff, as well as the information that the economic operator will specify in its bid as confidential, classified or protected by intellectual property rights.

Processes and the applications for compensation for damages caused in the award procedure and those on execution, nullity, cancellation, resolution, termination or withdrawal of public procurement contracts shall be settled in the first instance by the administrative department and the tax court in whose district the contracting authority is situated.
In the old regulation the commercial department of the court in whose district the contracting authority is situated was competenent to solve such issues.

Emergency ordinance provisions come into force on 1 January 2013.

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