July 17, 2020

Amendments and additions of some normative acts with impact in the field of public procurement!

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This week,the Emergency Ordinance no. 114/2020, regarding amendments and additions of some normative acts with impact in the field of public procurement, was adopted.

Due to the need of making the public system more flexible, in order to increase the absorption of allocated funds, including European funds, the Romanian Government has adopted an Emergency Ordinance that simplifies the procedures for awarding public procurement contracts.

Thus, the contracting authority has the obligation to publish a notice of participation and/or award in the Official Journal of the European Union, in case of procurement’s whose estimated value, excluding VAT, is equal to or greater than the following values thresholds:

  1. 23,227,215 lei, for the public procurement contracts/framework work agreements
  2. 600,129 lei, for the public procurement contracts/framework agreements for products and services
  3. 3,334,050 lei, for the public procurement contracts/framework agreements which have asobject social services and other specific services, provided in annex no. 2.

The award criteria used for public procurement contracts/framework agreements for social services and other specific services are “best value for money” and “best value for cost”.

Before the contracting entity excludes a candidate/tenderer from the procedure, the contratcting entity must give him the opportunity to demonstrate that its involvment in the preparation of the procurement procedure cannot distort competition.

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