New provisions regarding conflicts of interest in public procurement
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24 April 2013
Government Decision no. 183/2013 on the amendment of Government Decision no. 925/2006 (“GD 183/2013”) has been published.
The amendments refer to conflicts of interest in public procurement. The main are:
I. Profit tax
Introduction of an obligation for the contracting authority to request that the bidder / candidate / associate bidder / sub-contractor / supporting third party provide a declaration on own responsibility regarding the observance of art. 691 of the government emergency ordinance (“the declaration
A new provision was introduced listing the identification data to be included in the declaration for anyone holding decision prerogatives:
a) name and surname;
b) date and place of birth;
c) current domicile;
d) personal identification number;
e) the position held within the contracting authority
in relation to their involvement in the public procurement process.
A new provision was introduced stipulating that the Ministry of Public Finances, by the Unit for Coordinating and Verifying Public Procurement / the Departments for verifying public procurement procedures, has authority over situations involving conflicts of interest
and has access to the declaration.
A new provision was introduced regarding the exclusion from the public procurement process of tenders do not observe the provisions of art. 691 of the government emergency ordinance
, at the date set as deadline for submitting the tenders.
According to the completions introduced through GD 183/2006, the National Agency for Integrity must be notified if the contracting authority approves the report of the public procurement procedure disregarding the observations made by the observers from the Ministry of Public Finances, by the Unit for Coordinating and Verifying Public Procurement / the Departments for verifying public procurement procedures
for cases entailing conflicts of interest under art. 691 of the government emergency ordinance.
The provisions of GD 183/2013 entered into force on 19 April 2013.
[Source: Romanian Official Gazette, Part I, no. 227/19.04.2013]
For additional information, please contact: Sorin David, Dan Dascalu, Anda Rojanschi or Manuela Guia.