BUSINESS

Gov’t keeps direct procurement threshold and amends legislation

The Institute for Public Policies disapproves of the new changes, accusing the Executive of secrecy and non-prevention of conflict of interest.

The Government has amended the public procurement legislation, but decided that, for now, the threshold up to which services and public works may be purchased directly from providers should not be increased from the current level of EUR 15,000 Mediafax quotes official sources saying. Following the modifications made to the public procurement system, the notice published in the Official Journal of the European Union is now compulsory for the award of public works contracts but only if its estimated value is equal or higher than the equivalent in RON of EUR 5 M. The public procurement agreement will be an act having the same status as an administrative act and will not be classified as a commercial agreement, therefore all litigation will be settled by the courts of appeal of the administrative and fiscal courts of justice. For preventing the conflict of interest, an obligation was introduced to accompany the presentation of the award documentation in view of evaluation by an affidavit signed by the head of the awarding authority naming all persons involved one way or another in the award procedure and, within five days of opening the tenders, the awarding authority to publish the names of all bidder to the SEAP system. The President of the National Authority for the Regulation and Monitoring of Public Procurement (ANRMAP), Dan Vladescu, also noted that the emergency ordinance would be followed by a Government decision changing the secondary legislation on public procurement, making it compulsory for an awarding authority to publish to the SEAP all payment orders made out to the operator to whom a public procurement contract has been awarded, for example. ‘Romania Libera’ daily notes the European Commission is demanding more transparency on public procurement, but the Government would like to have more secrecy regarding the tenders and fails to achieve effective prevention of the conflicts of interest, the Institute for Public Policies (IPP) reacted to the Government initiative of amending legislation in the field.

Public Procurement Directorate in the Health Ministry, approved

the Government adopted a decision setting up the Directorate for Public Procurement in the Ministry of Health, to deal with national tendering procedures. The ministry already had a public procurement service, operating with a small workforce. ‘This decision means another step we are taking for holding national tendering procedures. We have transformed the procurement department into a strong entity served by 15 professionals,’ Health Minister Raed Arafat said. He also explained that the advantages of national tendering were a better price and continuity of drug supply.

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