Public Procurement Newsletter No. 3/2011

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I. Legislative News in Domestic Law

1. The interpretation of certain legal provisions in the field of public procurement and concessions

Order no. 313 of the National Authority for Regulating and Monitoring of Public Procurement on the interpretation of certain provisions regarding the award procedures for public procurement contracts, public works concession contracts and service concession contracts (hereinafter “ANRMAP Order no. 313/2011”) was published in the Official Gazette Part I, no. 464, providing that the documents issued by entities or authorities, other than the National Authority for Regulating and Monitoring of Public Procurement, mandating the application of the provisions of GEO no. 34/2006 on legal entities that do not have the capacity of contracting authorities that award service or work contracts lack legal effects.

2. The standardization of certain award documents for public procurement contracts, public works concession contracts and service concession contracts.

Order no. 302 issued by the National Authority for Regulating and Monitoring of Public Procurement on the approval of the standard forms of the Minutes of the meeting for opening the offers and of the Report of the procedure relevant to the award procedures for public procurement contracts, public works concession contracts and service concession contracts (“ANRMAP Order no. 302/2011”) was published in the Official Gazette Part I, no. 415 of June 14, 2011.

3. The amendment of Government Emergency Ordinance no. 30/2006 regarding the verification role with respect to the procedural aspects related to the award procedure of public procurement contracts, public works concession contracts and service concession contracts (“GEO no. 30/2006”) by means of the Government Emergency Ordinance no. 52/2011 (“GEO no. 52/2011”) 

The main amendments made to GEO no. 30/2006 refer to:

(a) the duties of the Unit for the Coordination and Verification of Public Procurements (“UCVAP”), as well as those of the Compartments for the Verification of Public Procurements (“CVAP”);

(b) extension of the verification of the procedural aspects to cover all public procurement procedures, regardless the estimated value of the contract;

(c) abrogation of the legal provisions regarding the issuance of advisory endorsements by the Ministry of Public Finance in case of inconsistencies found with respect to the enforcement of the legal regulations in the field of public procurement;

(d) modification of the amount of certain fines applicable to the contracting authorities in case of failure to fulfill the legal obligations in the field of public procurement.

4. Sanctions applied in the field of labor law enforceable in the public procurement sector

As per Law 40/2011 for the amendment and supplementation of Law 53/2003 – Labor Code, published in the Official Gazette Part I, no. 225 of March 31, 2011, the court may order as additional sanction the prohibition of the employer’s right to participate in the award of a public procurement contract for a period up to 5 years in case one of the following offences is ascertained to have been committed:

(a) employment of a person who resides illegally in Romania while being aware that such person is a victim of human trafficking;

(b) employment of more than 5 persons regardless of his/her citizenship without concluding an individual employment contract.

5. Order no. 2306/ July 14, 2011 on the abrogation of public finance minister Order no. 2181/2007 on the approval of the Operational Manual for the surveillance and monitoring of the award procedures for public procurement contracts, public works concession contracts and service concession contracts, was published in the Official Gazette no. 522 of July 25, 2011.

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