Public Acquisition Contract. Awarding Procedure

摘要

Romania’s adhesion to the European Union at the 1st of January 2007 was conditioned, among other things, by the adoption of the legislation in the area of public acquisition. This imposed drawing up a normative act which regulates the public acquisition and has materialized in the OUG No. 34/2006 in regard with the award of public acquisition contracts, public works concession and service provision contracts. In designing the legal framework of the public acquisition in Romania, the principles generally accepted in Europe, in this field, were considered. The legislation in force stipulates that at the adoption of any decision in the public acquisition process, the following principles are to be satisfied: principle of non-discrimination, principles of efficient utilization of public funds, mutual recognition, transparency, equal treatment, assuming the responsibilities, and proportionality. An analysis of the awarding procedures for the public procurement contract is performed, through the angle of the main normative act in force, i.e. OUG No. 34/2006 modified and completed by Emergency Ordinance No. 77/2012.