Prevention Mechanism in respect of Conflicts of Interest in Public Procurement Procedures

The Romanian Parliament has recently issued a new law regarding the setup of a prevention mechanism in respect of conflicts of interest in public procurement procedures. The new provisions regulate the prevention of conflicts of interest by means of a prior verification mechanism, namely the Prevention System. The law will enter into force on June 20th, 2017.

The Prevention System will use data submitted in the Integrity Form registered with SEAP (the Electronic System of Public Procurement) during public procurement proceedings, and processed by the Integrity Inspectors.

Contracting authorities will be responsible for the submission and update of the Integrity form, starting from the publication of the tender documentation in SEAP, and then throughout the proceedings until the announcement regarding the granting of the public procurement contract.

After receiving a so called integrity warning, namely a warning in respect of a possible conflict of interest the manager of the respective contracting authority is obliged to take the necessary measures to avoid a conflict of interest, by replacing the member of the assessment commission or by excluding the candidate, on a case by case basis.

The lack of an integrity warning or the failure to take specific measures following the issuance of an integrity warning does not negate the civil, disciplinary, administrative or criminal liability of those who breach the applicable laws in the public procurement sector.

Stratulat Albulescu - Attorneys at law