The Government adopted on Monday an emergency ordinance project which modifies some laws with an impact on the public acquisitions. The bill says that SMEs cannot benefit anymore from 50 percent discount for turnover criteria, attendance guarantee and good execution guarantee that are required in the public acquisitions framework.
By eliminating this facilities considered by the European Commission as measures that create positive discrimination towards the economic operators who don’t have this statute, the SMEs will participate in the same conditions as the others economic operators to the attribution of public acquisitions contracts procedures and of services and works concession contracts, according to the Government.
The Government says that the measure was necessary considering that in the case of starting the infringement procedure by the European Commission against Romania based on the file, it’s possible that that the Commission’s audit might call for the application of financial adjustments in all the grant-based projects.
The Government adds that the legislative frameworks in the public acquisition field contains a series of previsions that promote the access of SMEs to this market.
A contract of delegation of public utilities services management can be a concession contract or public acquisition contract.