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Amendments to the public procurement law

Government Emergency Ordinance no. 34/2006 (“GEO 34/2006”) regarding the award of public procurement contracts, public works concession contracts and services concession contracts was amended by Law no. 279/2011 published in the Official Gazette no. 872 of December 9, 2011 [in Romanian, Legea nr. 279 din 7 decembrie 2011 pentru modificarea si completarea Ordonantei de urgenta a Guvernului nr. 34/2006 privind atribuirea contractelor de achizitie publica, a contractelor de concesiune de lucrari publice si a contractelor de concesiune de servicii].

The main amendments refer to:

  • the regulation of the public-public partnership;
  • the exemptions from the procedure regulated by GEO 34/2006;
  • the direct acquisition procedure;
  • the revision of the tender documentation by the national Authority for Regulating and Monitoring of Public Procurement (ANRMAP) prior to its publication on SEAP;
  • the rules of participation to the tender procedure;
  • the assignment of the public procurement agreement;
  • the annulment of the tender procedure;
  • the nullity of the public procurement agreement;

Important amendments refer to the mandatory inclusion of the qualification criteria within the invitations for participation to the tender procedure (besides being included in the participation notifications).

Also, any amendment and/or supplementation of the qualification and selection criteria shall lead to the annulment of the award procedure, except for the case when the modifications are approved by decision of the National Council for Solving the Complaints.