Romanian government to amend the public acquisitions law using German best practices

The Romanian government will amend on Thursday the public acquisitions law. According to Romanian PM Viorica Dancila, the executive will take into account best practices used in Germany to cut short deadlines for solving appeals.

The amendments, Dancila said, will be made to solve appeals to tenders involving EU funds. “Best practices exchange is beneficial and we can use it. In amending the public acquisitions law “we took on the German model and will do this,” she said, adding that the amendments include a chapter on appeals.

Minister of Finance Eugen Teodorovici announced on Wednesday at Victoria Palace that two emergency ordinances will be adopted as well as amendments to the public acquisitions law. According to Teodorovici, the Court of Accounts and the National Agency for Public Acquisitions (ANAP) have prerogatives in the area of public acquisitions that overlap.

The amendments will give exclusive prerogatives to perform checks on the way a contract is attributed, the minister said. “It is normal and logical that the Court of Accounts should check the way in which a contract was attributed,” he explained.

The Minister of Finance also stated that as per the new provisions, the procurement procedure for the part of the contested contract will not be resumed. “It happens often that in the case of a contract for works, the public procurement procedure is resumed for the very small part needed to finalise a contract. By means of tomorrow’s amendment this will be eliminated.

Another proposal for modification announced by Teodorovici is to regulate in a clearer way the feasibility study for private partners, concessions, and the abolition of prior notice. He also said there was “a common practice” to make appeals for any reason, which in time saw many important investments get stuck.