By means of Emergency Government Ordinance 77/2012, the following amendments to the Public Procurement Law were enacted as of 1 January 2013:
- Public procurement agreements are deemed administrative acts by law; accordingly, disputes arising in connection thereto shall be settled by administrative sections of courts of law.
- To increase transparency, any direct acquisition worth over EUR 5000 must be recorded in the electronic procurement system (“SEAP”).
The procurement process for the following contracts must be published in the EU Official Journal:
supply and/or service contracts in excess of EUR 130,000 to be awarded by:
- a public body;
- a private entity that was established to provide services of public interest and which is financed, controlled or managed by public bodies;
- any association among the above mentioned; or
- an autonomous administration or a state-owned or state-controlled company.
supply and/or service contracts in excess of EUR 400,000 to be awarded by:
- a public undertaking that carries out “relevant” activities in the water, energy, transportation or postal sector; or
- other persons who carry out activities in the water, energy, transportation or postal sector on the basis of a special right granted by a public authority.
- works contracts in excess of EUR 5,000,000.
- supply and/or service contracts in excess of EUR 130,000 to be awarded by:
- Legal entities that are not deemed contracting authorities have an obligation to comply with public procurement rules if they intend to award a services or a works contract that is financed 50% by a contracting authority and worth EUR 5 million (for a services contract) or, EUR 200,000 (for a works contract).
- Any selection and evaluation criteria which are included in the data sheet but are missing from the invitation or the announcement to participate in the public procurement procedure will be deemed non-applicable.
- All amendments to the selection and evaluation criteria are to be published in an erratum and the period in which businesses may submit their offers should be extended. It is unlawful to modify/complete any information from the invitation or the announcement to participate by giving clarifications without the issue of an erratum or otherwise the award process may be annulled.
There are certain chances in the procedure of the resolution of disputes arising out of the awarding procedure by the National Commission for Disputes Resolution (“CNSC”), including:
- The decision of CNSC is to be published on CNSC’s website and on SEAP.
- Parties may also be represented by legal advisors before CNSC.
- If CNSC admits an appeal (e.g., of one of the bidders), it may also provide a period in which the contracting authority must remedy the challenged act. The period to remedy the act cannot be shorter than the time-limit for challenging CNSC’s decision.