The decision concerns the norms for the application of Emergency Ordinance 30/2006, regarding the verification of the procedural elements of the attribution of public procurement contracts, public work concession contracts and service concession contracts. The Government adopted an emergency ordinance amending Ordinance 30/2006 on June 10, 2011.
The act points out that the changes to the verification function are needed, given its preventive role, which allows contracting authorities to remedy any irregularities in real time.
The draft eliminates intermediary notes and advisory opinions, but observers will provide their comments “in writing for each stage under inspection, included along with the contracting authority’s documents in the evaluation process.”
The changes also make it mandatory to check every negotiation procedure carried out without a notice of participation, meaning the procedures used by contracting authorities to purchase additional work or services, which were not included in the initial contract, but because of unforeseen circumstances have become necessary to the contract’s implementation.
The amendments were put forward following the European Commission’s recommendations in meetings held in the first half of 2011, to consolidate Romania’s capacity for absorption of structural and cohesion funds.