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Public procurement procedure is the acquisition of works, supplies or services by means of a public procurement agreement in Romania that is concluded between one or more contracting authorities and one or more economic operators, regardless of whether the works, supplies or services aim to achieve a public interest or not. Any economic operator has the right to participate in the public procurement procedure in Romania in order to be granted a public procurement agreement in Romania, as a bidder or candidate, in compliance with qualification and selection criteria. According to the Law no. 98/2016 regarding public procurement procedure in Romania, the non-fulfilment of this criteria leads to the exclusion of the bidder from the public tender procedure in Romania. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a specialized lawyer in procurement and public tender procedures in Romania who can guide you in the procedure of public procurement in Romania with the aim of concluding public procurement agreements in Romania, according to the applicable law in Romania.
Any public procurement procedure in Romania shall be carried out in accordance with the Law no. 98/2016, which contains provisions on the organization and operation of the procurement and public tender procedure in Romania.
Such provisions include the reasons for exclusion of a candidate from the public procurement procedure in Romania by the contracting authorities in Romania.
A reason for exclusion shall be the circumstances when the economic operator in Romania is in insolvency or liquidation proceedings or if its activity has ended.
Moreover, if the economic operator has committed a serious professional misconduct as o result of which its integrity might be questioned or it is in conflict of interest and such situation cannot be rectified, then these shall be grounds for exclusion of the candidate from the public procurement procedure in Romania by contracting authorities in Romania.
A specialized lawyer in public tender procedures in Romania can provide legal assistance in the process of public tender procedure in Romania and with the conclusion of a public procurement agreement in Romania, ensuring the fulfillment of all qualification and selection requirements imposed by Law no. 98/2016 for persons who have the capacity of bidder or candidate for public procurement procedure in Romania.
Not in the least, another reasons for the exclusion of a candidate from the public procurement procedure in Romania by the contracting authorities in Romania is the failure to comply with the obligations regarding the payment of taxes, fees or contributions to the general consolidated budget. Such situation shall be determined by a final and binding judgment or administrative decision, in accordance with the law of the state in which the economic operator in Romania is established or those of the member state of the contracting authorities in Romania.
The Romanian Law firm Pavel, Margarit and Associates recommends contacting a specialized lawyer in public tender procedures in Romania who can guide the candidate in order to execute its obligations, rescheduling its debts or obtaining other facilities for their outstanding debts in order to avoid the exclusion from the public procurement procedure in Romania.
Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro