The notion of public procurement in Romania encompasses the acquisition of works, goods, or services through public procurement contracts in Romania by contracting authorities in Romania from designated economic operators, regardless of whether the works, goods, or services are intended for public interest or not. The legislative framework is represented by the Romanian Law No. 98/2016 on Public Procurement, regulating the contract award procedure in Romania and organizing design contests, as well as specific aspects related to the execution of public procurement contracts in Romania. The Romanian law firm Pavel, Mărgărit and Associates is recognized for its extensive experience in the field of public procurement in Romania, and it is essential to consult a public procurement lawyer in Romania or a commercial lawyer in Romania who can offer services such as interpreting relevant legislation, preparing necessary documentation, filing public procurement appeal in Romania, negotiating public procurement contracts in Romania, and providing any other service related to the procedure in question.

Public procurement lawyer in Romania: Stages of the public procurement procedure in Romania

According to the provisions of the Romanian Law No. 98/2016 on Public Procurement the contract award procedure in Romania is the result of a process that unfolds in several stages, with contracting authorities in Romania being required to document and go through three distinct stages for each public procurement procedure in Romania:

1. A) Planning/Preparation Stage;
2. B) Procedure Organization and Contract/Framework Agreement Award Stage;
3. C) Post-Award Stage, namely the execution and monitoring of the contract/framework agreement implementation.

The planning/preparation stage involves identifying needs, drafting necessity reports, and developing a contracting strategy for the respective procedure. Regarding the organization stage, the public procurement contract in Romania/framework agreement award procedure begins with the submission of the award documentation in SEAP (the electronic public procurement system) and concludes once the public procurement contract in Romania/framework agreement is signed. SEAP is defined in the Romanian Law No. 98/2016 on Public Procurement as the public utility information system, accessible via the internet at a dedicated address, used for electronically conducting award procedures and publishing national-level announcements. A commercial lawyer in Romania can offer specialized assistance throughout the public procurement procedure in Romania, ensuring compliance with the norms stipulated by the Romanian Law No. 98/2016 on Public Procurement.

Public tender lawyer in Romania. Conducting the contract award procedure in Romania through public tenders in Romania

Contracting authorities in Romania award public procurement contracts in Romania through open or restricted public tenders. In open public tenders in Romania, any economic operator has the right to submit an offer following the publication of a participation announcement, initiated by submitting a participation announcement for publication in which the contracting authorities in Romania requests economic operators to submit offers. This procedure has a single mandatory stage. In restricted public tender procedures in Romania, any economic operator has the right to submit a participation request following the publication of a participation announcement, with only candidates meeting the qualification and selection criteria set by the contracting authorities being allowed to submit an offer in the subsequent stage. This procedure involves two mandatory stages: the submission of participation requests and the selection of candidates by applying the qualification and selection criteria, followed by the submission of offers by the selected candidates and their evaluation by applying the award criterion and evaluation factors. A public tender lawyer in Romania plays an important role in the public tenders in Romania, contributing with their legal expertise to ensure a favorable outcome.