Latest amendments to public procurements legislation
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2 July 2013
Law no. 193/2013 approving Government Emergency Ordinance no. 77/2012 regarding the amendment and completion of Government Emergency Ordinance no. 34/2006 on the awarding of public procurement contracts, public works concession contracts and services concession contracts (“GEO 34/2006”) has been published. The main amendments brought to GEO 34/2006 are as follows:
- The thresholds for direct awarding have been changed to a maximum of EUR 30,000, excluding VAT, for the awarding of products and services, and to a maximum of EUR 100,000, excluding VAT, for the awarding of works.
- Government business enterprises (in Romanian “regii autonome”) and public companies / companies wholly-owned or majority-owned by a contracting authority or any other national entity (which do not meet the criteria set under articles 8 and 9 of GEO 34/2006) are not under the obligation to apply the provisions of GEO 34/2006. Such entities internally organise their own procurement procedures (in accordance with non-discrimination, equality of treatment, transparency and proportionality principles).
- The procurement of research and discharge of archaeological duties services, in respect of archaeological patrimony and archaeological sites, falls under the provisions of GEO 34/2006.
- Awarding of each contract to the tenderer presenting the best offer is based on the awarding criterion established within the awarding documentation.
- The threshold for abnormally low tenders has been changed from 70% of the estimated value of the contract to 80% of the estimated value of the contract.
- A provision has been introduced regarding the possibility of solving by way of arbitration any litigation deriving from the execution of public procurement contracts.
- The amounts of the fines set by GEO 34/2006 for certain misdemeanours have been changed.
[Source: Romanian Official Gazette, Part I, no. 387/28.06.2013]
For more information please contact Sorin David, Dan Dascalu, Anda Rojanschi or Manuela Guia.