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Changes in the regulations regarding the adjudication of public acquisition contracts

The Official Gazette of Romania, part I, no. 197 dated the 26th of March 2012 published the Governmental Ordinance no.  219/2012 regarding the amending of article 93 from the Governmental Ordinance no. 925/2006 regarding the approval of the stipulations referring to the adjudgment of the public acquisitions contracts, concession contracts for public interest constructions and concession contract for services.

According to this law, the contracting authority does not have the right to delay, by reasons imputable to it, the signing of the public acquisition contract/frame-agreement with more than 7 days according to the calendar from the end of the deadlines mentioned by the law, after the announcement of the result of the adjudgment procedure.

The contracting authority has the above mentioned allowed time only for carrying out the conditions for the signing of the public acquisition contract/ frame-agreement, upholding the provision mentioned in the law.

The law also stipulates that the contracting authority does not have the right to adopt any measures with the purpose of creating artificial circumstances for the annulment of the procedure.

The bidder that considers itself wronged by such a behavior has the right to inform the National Authority for the Regulation and Monitoring of Public Acquisitions.

The contacting authority is required to send to the National Authority for the Regulation and Monitoring of Public Acquisitions, by electronic means, in maximum 48 hours from the date of the singing of the public acquisition contract/ frame-agreement, a notification regarding the public acquisition contract/ frame-agreement. The format of the notification is set through an order by the president of the National Authority for the Regulation and Monitoring of Public Acquisitions.

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Vlad VRINCEANU

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