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June 26, 2022

Gov’t drops PPP contract contestation fee

The Government will eliminate the term under which companies that file a contestation against a public-private partnership contract were compelled to pay a guarantee, representing 2 pc of the price of the contract, but will force all bidders to pay a participation guarantee amounting to 1 pc of the value of the contract, Mediafax reports. The provision was included in a bill for an emergency ordinance, which modifies the Public-

Private Partnership (PPP) Law, after the European Commission warned the Bucharest authorities that the law in question violated EU regulations in this domain. Under the law regulating public acquisition contracts, the companies which file contestations against public contract bids, but whose complaints are rejected, have to pay the state a fixed amount out of the participation guarantee. Any contestation is to be filed in court, at the litigation, administrative and fiscal office, while sending a copy thereof to the public institution which organized the bid. The contestation has to be filed within five to ten days after a malfunction was found, a term set based on the estimated value of the contract.

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