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September 29, 2020

EC checks tenders in Romania

The European Commission officials are checking thru the General Directorate for Internal Market and Services (DG Markt), a potential case of infringement by an institution in Romania of the confidentiality rule of the public tender offer after offer data were disclosed to competitors, according to Mediafax. The information in the offer  were disclosed after the contracting authority asked the lowest bidder to explain how it calculated  the price, given it deemed the cost as oddly low, according to a  confidential document on the conclusions of public procurement talks held in mid September between DG Markt officials and Romanian authorities.EC officials drew attention to the case after the Romanian side’s proposal that the legislation should be amended so that the public procurement file has “the feature of a public document in the form had at the moment that access is requested to information in its content”. Therefore, the public procurement file will no longer become a public document only at its conclusion, but even in its form at the time access is requested, the government giving the “clarity of the text” as grounds for the change.”The current legislation on public procurements stipulates that the contracting authority must ask for details reckoned significant in case of an “apparently unusually low bid” considering the subject of the offer, when the bid, not including VAT, is less than 85 pc of the estimated contract value, if there are a minimum of five offers held as unacceptable and/or non-compliant account for less 85 pc of the arithmetic mean calculated without taking the lowest and the highest bid into account. The government wants to reduce the cap from 85 pc to 70 pc from the estimated contract value, with the actual threshold being maintained only if a minimum of five offers are submitted.

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