The Emergency Ordinance on the awarding of public procurement contracts, public works contracts and service contracts governs procedures for the award of public procurement contracts. By passing this piece of legislation, Romania complied with European requirements regarding the award of public procurement contracts.
Public procurement procedures
The procedures for awarding public procurement contracts are as follows:
- Open tender is a procedure whereby any interested company has the right to submit a tender;
- Restricted tender is a procedure whereby any company may apply to become a candidate, but only the selected candidates are invited to submit tenders;
- Competitive dialogue is a procedure whereby any company has the right to apply to become a candidate, and the contracting authority then conducts a dialogue with the selected candidates in order to identify the solutions that are suitable for its needs. Based on the solutions found, the successful candidates will draw up and submit their final tenders;
- Negotiation is a procedure by which the contracting authority engages in consultations with the selected candidates and negotiates the contractual clauses with one or more of them;
- Call for tenders is a procedure by which the contracting authority requests tenders from several economic operators;
- Contest of solutions is a special procedure used for the procurement of a plan or project, where the selection process is allocated to a panel of judges.
Types of public procurement contracts
Public procurement contracts are:
- works contracts, which focus on the execution/design/carrying out of construction works;
- supply contracts, which focus on the supply of one or more products by means of purchase, rental or leasing;
- service contracts, which focus on the provision of one or more services.
National public procurement authorities
The Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice, ANRAP (National Authority for the Regulation and Monitoring of Public Procurement) is the institution responsible for managing the public procurement system in Romania.
Consiliul Național de Soluționare a Contestațiilor, CNSC (National Council for Resolving Complaints) is the administrative-jurisdictional body competent to resolve complaints relating to the procedure for awarding public procurement contracts.
The Ministry of Public Finance is responsible for verifying all procedural aspects relating to the process for awarding public procurement contracts.
Any economic operator that wishes to participate in public procurement procedures via electronic means, must register with the Electronic Public Procurement System (SEAP). Otherwise, any tenders submitted will not be considered.
Details regarding SEAP registration and participation in procedures for the award of public procurement contracts are available on the SEAP website.