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A new modification of limits of GEO. 34/2006 regarding the award of public procurement contracts

In the Official Journal of the European Union no. L 335 of 14 December 2013 has been published Regulation (EU) no. 1.336/2013 of the European Commission amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council concerning the application limits for the procedures for the award of procurement contracts.

The Regulation entered into force on January 1, 2014, shall be binding in its entirety and directly applicable in all Member States.

Being directly applicable in Romania, Regulation modify the limits established by GEO. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services concession contracts on:
– Submission for publication in the Official Journal of the European Union (hereinafter referred to as “OJEU”) notices of intent to participate and award;
– Implementation of public procurement legislation contracts financed/subsidized by more than 50% by a contracting authority.

The limits for the publication of notices in the OJEU

A. Notices of intent. EUR 750,000 limit established by art. 51 para. (1) of the Emergency Ordinance no. 34/2006 for the publication of notices of intent relating to contracts/framework agreements for the supply and service does not change. Instead, the limit in the same article for contracts/framework agreements for works grow from 5.000.000-5.186.000 euro.

B. Participation and award notices. The limits for the publication of participation and award notices governed by art. 55 para. (2) and art. 57 para. (2) GEO. 34/2006, are amended as follows:
– Limit of 130,000 euro provided for awarding non-sectorial contracts of supply or services increases to 134,000 euro;
– Limit of  400,000 euro provided for awarding sectorial contracts of supply or services increases to 414,000 euro;
– Limit of 5,000,000 euro provided for award of works contracts increases to 5.186 million euros.

Therefore, publication in OJEU of participation and award notices is mandatory for:
– Contract/non-sectorial framework agreement for the supply or services with an estimated value equal to or greater than the RON equivalent of  134,000 euro;
– Contract/framework agreement for the supply or services with an estimated value equal to or greater than the RON equivalent of 414,000 euro;
– Contract/framework agreement for works with an estimated value equal to or greater than the equivalent in RON of 5.186 million euro.

The terms of formulating complaints or actions to the court, 10 days and 5 days, shall be reported to the new estimated values of contracts/framework agreements.

C. Work concession contracts. Limit of 5,000,000 euro, provided by art. 223 para. (2) GEO. 34/2006 for the publication of the participation notice in the OJEU on the award of public works concession contracts has also increased to 5.186 million euros.

Similarly, the limit of 5 million euros imposed by art. 227 para. (1) of the Emergency Ordinance no. 34/2006 for publishing the participation notice related to the award of public procurement contracts by public works concessionaires who are not contracting authorities, rose to 5.186 million euros.

Contracts financed/subsidized by more than 50% by contracting authorities

The new regulations have changed limits established by art. 9 letter. c) and c1) of GEO. 34/2006 for the implementation of public procurement legislation contracts awarded by legal entities without being contracting authority, but are financed/subsidized directly, at a rate of more than 50% by a contracting authority. These limits were increased as follows:
– For works contracts from 5,000,000 euros to 5.186 million euros;
– For service contracts from 200,000 euros to 207,000 euros.

Limits expressed in national currency

According to the Commission Communication of 14 December 2013, the corresponding values ​​of the limits of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC are expressed in national currency, as follows:

Limit in EUR       Limit in RON

134.000 EUR       591.918 RON
207.000 EUR       914.381 RON
414.000 EUR       1,828,762 RON
5.186.000 EUR     22,908,118 RON

:: The source: JURIDICE.ro

Robert BĂLAȘA

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