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Articles contributed by Bostina & Associates
Romanian Public Procurement Legislative Frame
Economic Background: Romania badly needs to improve the absorption rate of EU funds as according to public information, by June the 24th, 2011, Romania received from Brussels, for implementing EU-funded projects, approximately € 650mn, i.e. roughly 3% of the overall € 20bn allocated for the six years following accession (i.e. 2007 - 2013). Currently, the National Authority for Public Procurement Regulation and Monitoring has been working on preparing the legal requirements to govern public procurements under EU-funded projects.
In the first quarter of 2011, the complaints against public procurement procedures admitted by the National Council for Solving Complaints worth approximately LEI 10.4bn (EUR 2.49bn.); a total of 3,030 decisions were issued during the aforesaid period of time, out of which 2,102 (70%) were rejected; moreover, out of the 928 decisions that were admitted, 712 ordered remedies to the award procedures, and the remaining ones ordered award procedure cancellations.
The Government amended the legal framework governing PPPs, previously regulated by the Law on Public and Private Partnerships no. 178/2010 (as amended by Government Emergency Ordinance no. 86/2011) and by the Rules for the Application of Law no. 187/2010, passed by Government Decision no. 1239/2010 (which was also amended by Government Decision no. 1000/2011); however, no PPP projects were implemented in 2011.