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Daily Archives: 08/06/2018

The major changes brought to the Romanian public procurment legislation by government emergency ordinance No. 45/2018

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On 4 June 2018, the Romanian Official Gazette published Government Emergency Ordinance, which had been approved since 24 May 2018 (“GEO 45/2018”), regarding amendments and supplements to certain laws with impact on the public procurement field. This mainly relates to the public procurement legislative package adopted in 2016, but also impacts other related procurement regulations.

6th of June, 2018, Source : LEXOLOGY, https://www.lexology.com, By : Wolf Theiss – Bryan W. Jardine, Ligia Cecilia Popescu and Andreea Zvac

Essentially, GEO 45/2018 amended and supplemented four (4) laws and two (2) government emergency ordinances as follows:

  • Law no. 98/2016 on public procurement (“Public Procurement Law”);
  • Law no. 99/2016 on sectoral procurement (“Sectoral Procurement Law”);
  • Law no. 100/2016 on concessions of works and concessions of services (“Concession Law”);
  • Law no. 101/2016 on remedies and appeals in the matter of awarding public procurement contracts, sectoral contracts and concession contracts for works and concession of services, as well as for the organization and functioning of the National Council for Solving Complaints (“Remedies Law”);
  • Government Emergency Ordinance no. 13/2015 regarding the establishment, organization and functioning of the National Agency for Public Procurement;
  • Government Emergency Ordinance no. 98/2017 on the ex-ante control function of the procurement procedure/public procurement framework agreements, sectoral framework contracts/agreements and works concession and service concession contracts.

GEO 45/2018 entered into force from the date of its publication in the Romanian Official Gazette, namely from 4 June 2018.

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