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New rules on public acquisitions. Emergency Ordinance no. 34/2006. Performance bond

Emergency Government Ordinance no. 51/28.06.2014 for modifying and completing Emergency Ordinance no. 34/2006 for allocating public acquisitions contracts, public works contracts and service agreements was published in part I of the Official Journal of Romania.

With the purpose of accelerating the assignment process of public acquisitions contracts and of protecting the contractually bound authorities against abusive contesting, the legislator deemed necessary to institute an obligatory performance bond.

Therefore, in accordance with art. 271¹ of the Emergency Ordinance no. 34/2006, the plaintiff is obliged to constitute a performance bond for the period from the date of the official complaint to the date when the rendered decision becomes definitive.

The complaint shall be rejected should the plaintiff fail to present the evidence of constituting the performance bond.

The performance bond is created either by bank transfer or a guarantee instrument issued on legal basis by a bank or an insurance company and shall be deposited at the other party’s headquarters and a copy shall be deposited at the Council’s headquarters or at the courthouse, along with the complaint.

The calculation method of the performance bond is regulated by alin. (4) of the newly introduced art. 271¹ of the Emergency Ordinance no. 51/2014, i.e., by adding 1% to the estimated value in art. 55 of the Emergency Ordinance no. 34/2006.

The performance bond must be irrevocable, valid for at least 90 days and shall comprise the unconditional payment to the interested party, that is the contract signing authority, should the complaint be rejected as inadmissible.

At the same time, the authorized economic operators who make complaints are impelled to justify the legitimate cause for such an action. Moreover, the new regulations also diminish the period for entering the documents from 5 to 3 days.

:: The source: JURIDICE.ro

Andreea BANU

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