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GEO no. 23 of 04.02.2020 for the modification and completion of some normative acts with an impact on the public procurement system

19 February 2020

On 12.02.2020 it entered into force and began to produce legal effects GEO no. 23 of 04.02.2020 for the modification and completion of some normative acts with an impact on the public procurement system.

The Government normative act proposes numerous amendments to some key normative acts in the field of public procurement in order to facilitate, improve and make the public procurement system easier both for facilitating the process of implementing european funds and for implementing some investment projects with a major impact on the national or local social-economical level.

Although the ordinance in question proposes a series of notable changes of different normative acts in this field, in the following we bring to your notice some changes of impact from the Law no. 98/2016 regarding the public procurement.

For example, in the content of art. 167 of the previously mentioned law, it is introduced a supplementary condition for the contracting authority regarding the exclusion of an economic operator from the procedure for awarding the public procurement contract or, as the case may be, the framework agreement.

Thus, the supplementary indication refers to the obligation of the contracting authority to give the economic operator, which can be excluded from the award procedure due to the distortion of competition as a result of his previous participation in the preparation of the award procedure, the possibility to prove the effect of his involvement on the competition, before deciding on its possible exclusion.

At the same time, by referring to the distortion of competition within the award procedure, set out above, in art. 140 of this law, it is specified the obligation of the contracting authority to justify in the report of the award procedure, for each procurement contract or framework agreement, each measure adopted to avoid the distortion of competition.

Last but not least, art. 57 of the Law no. 98/2016 establishes the responsibility of the economic operators to prove the confidentiality of the information provided with this nature to the contracting authority, including the technical or commercial secrets and the non-public elements of the tenders, in order to benefit from the lack of their publicity, done by the contracting authority in the award procedure