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News from Members The Governement Procurement Review – Romania

The Governement Procurement Review – Romania

by Tuca Zbarcea & Asociatii July 1, 2014

Oana Gavrilă, Mariana Sturza, Ţuca Zbârcea & Asociaţii

“Reproduced with permission from Law Business Research Ltd. This article was first published in the Government Procurement Review, 2nd edition (published in May 2014; contributing editors: Jonathan Davey and James Falle). For further information please visit www.lbresearch.com"

The second edition of The Government Procurement Review brings even wider geographic coverage than the first edition, now covering six continents and 24 national chapters (including the EU chapter).
In Romania, public procurement contracts are essentially regulated by Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts (‘GEO No. 34/2006’).

Specific sector regulation and clarifications of GEO No. 34/2006 can be found in the secondary legislation, consisting of government decisions and National Authority for the Regulation and Monitoring of Public Procurement (‘ANRMAP’) orders.
GEO No. 34/2006 transposes EC directives on public procurement and creates the legal framework to secure compliance with the principles of contract awarding in public procurement: non-discrimination, equal treatment, mutual recognition, transparency, proportionality, optimum use of funds and undertaking of liability.

According to a press release of the Authority for Regulating and Monitoring Public Procurement (the regulatory authority in the field of public procurement), Romania intends to implement the New Directives9 through separate enactments corresponding to each of the recently adopted Directives. However, a deadline for the transposition of the New Directives into national law has not been yet established by the Romanian authorities.

To read the entire article, please download the .pdf attached.

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