The legislative package for public procurement was published in the Official Gazette on May 23, 2016 and it repeals the Government Emergency Ordinnance no. 34/2006:
Also, recent, the first implementing rules were published:
1. The introduction of the unique European procurement document provided electronically and using the standard format established by the European Commission (D.E.A.U.), consisting of the affidavit of the economic operator with respect to the qualifying criteria and selection.
2. New four award criteria, namely "lowest price", "lowest cost", "best-value" or "best value for cost", depending on the particulars of each contract.
3. Expressly regulating where it is allowed to change the public contract without a new award procedure.
4. Establishment of centralized purchasing units.
5. The direct procurement thresholds are set in LEI, the contracting authority has the right to directly purchase products or services where the estimated value of the acquisition, net of VAT, is less than LEI 132 519 or constructions, where the estimated value acquisition, net of VAT, is less than LEI 441 730.
6. The provision of the possibility of the contracting authority to perform market consultations for the acquisition, and to inform operators about acquisition plans and requirements contemplated in connection therewith.
7. Introduction of the innovation partnership, applicable for the development and subsequent acquisition of products, services or works which are not existing on the market
8. Changing the thresholds award procedure:
9. A new definition of the conflict of interest - defined as any situation where staff members of the contracting authority or of a service provider purchasing or acting on behalf of the contracting authority, involved in conducting the tender procedure or which may influence or have directly or indirectly, a financial interest, economic or other personal interest that could be perceived to compromise their impartiality or independence in the context of the award procedure.
10. Introducing the possibility of classifying some information - the contracting authority has the obligation not to disclose information submitted by the operators indicated by them as confidential, including technical or trade secrets and confidential elements of tenders.
11. Introducing the prior notification as a mandatory pre-procedure, that under, the penalty of rejection of the appeal as inadmissible, which can be invoked by default, before addressing the Council or the competent court, the person who is aggrieved shall notify the contracting authority of its request of remediation, in whole or in part, to the alleged violation of legislation on public procurement or concessions within: 5/10 days, depending on the estimated value of the procurement/concession.
12. Regulating the appeal procedures in a separate law.
Amongst the changes, we mention:
For a more detailed discussion of the impact that these provisions can play in your specific case, you can contact the following persons: