Trend 2018

A new institution established with rights, obligations, and liabilities in the public procurement field

The Government adopted the Emergency Ordinance no. 46/2018 (“GEO no. 46/2018”) that establishes the National Office for Centralized Public Procurement” (“NOCPP”). NOCPP is a public institution with legal standing that constitutes a centralized public authority for public procurement. It is under the Ministry of Finance and is financed entirely from the state budget.

NOCPP will perform the following on behalf of various levels of government:

(i)   enter into public procurement agreements;

(ii)  administer the dynamic public procurement system for awarding public procurement agreements and represent the authorities before public procurement bodies and courts;

To administer the public procurement system, NOCPP will keep a record of all contracting authorities organized as central public institutions or authorities. The contracting authorities will have the obligation to register with the registry.

Under the new enactment, the contracting authorities must purchase goods and services through the centralized system under NOCPP either by using the centralized framework agreements concluded by NOCPP in accordance with the public procurement legislation or by using the dynamic public procurement system administrated by NOCPP.

In concluded agreements, NOCPP acts as a public procurement contracting authority, so its decision can be challenged by the tender participants in front of the public procurement bodies and courts under the applicable laws.

GEO no. 46/2018 was adopted on May 31, 2018 and became effective June 8, 2018.

Within 60 days after GEO no. 46/2018 becomes effective, the Government will adopt implementing norms specifying:

(i) a list of goods and services purchased in the public procurement centralized system;

(ii) the situations in which the goods and services are purchased in the public procurement centralized system as well as the terms and conditions of such purchases;

(iii) the rights, obligations, and liabilities of NOCPP and of the contracting authorities represented by NOCPP;

(iv) any other necessary measures for the proper performance of activity by NOCPP.

Stratulat Albulescu - Attorneys at law