Law No. 83 Of 6 October 1994

Original Language Title:  LEGE nr. 83 din 6 octombrie 1994

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LAW No. 83 of 6 October 1994 approving ordinances of the Cabinet of Ministers, issued on the basis of law No. 58/1993 on empowering the Government to issue ordinances and authorization of commitment and guarantee foreign loans, and contracting of loans of issuing State PARLIAMENT Published in MONITORUL OFICIAL NR. 292 of 14 October 1994, the Romanian Parliament adopts this law.


The sole article is approved for the following Ordinances of the Government issued pursuant to art. and (b). b), c), and (d)) of law No. 58/1993 on empowering the Government to issue ordinances and authorization of commitment and guarantee foreign loans, and contracting of loans: 1. Ordinance No. 11 of 4 august 1993 on the amendment of law No. 58/1934 over bills and promissory and law No. 59/1934 on the cheque, as published in the Official Gazette of Romania, part I, no. 201 of 23 august 1993, with the following modifications: (a) Article I, paragraph 2) shall read as follows: "2. Article 46 shall read as follows: Art. 46.-When draft is not submitted for payment within the deadline. 40, any debtor is entitled to record the amount of savings and Home or to another institution Consemnaţiuni legally empowered to conduct such operations, at the expense and risk of the holder of the promissory note, receipt posting is at the Court of the place of payment. "

b) article I point 15 shall read as follows: "15. Paragraph 4 of article 100 shall read as follows: Assignment cannot be made in favour of puller than banking company or other credit societies, however, will use all the successive giratarilor. The term banking company or another credit company shall mean the legal persons provided for by legislation on banking activity and credit. "

c) Article III, section 17 shall read as follows: ' 17. Article 75 shall read as follows: Art. 75.-Through Bank and other expressions of society credit society, being in the presence of the law, shall mean legal entities under the law concerning banking activity and credit. "

d) Article III, section 18 shall read as follows: "18. Article 79 shall read as follows: Art. 79.-circular Cheque is a way of credit notes issued by a bank or another credit company, approved for the amount it has available to recipients of cheques payable at the time of the show, on view in any of the places indicated by the issuer.
The banking company or another company, authorized to issue cheques, must submit to the National Bank of Romania, the latest the day of issue, a bail bonds, guaranteed by the State, or lombardabile at National Bank of Romania, counted from the day of 40% of its circular issued cheques daily, bail over which such cheques owners have a special privilege.
Bail will not be able to repay the National Bank of Romania than against the presentation of the cheque in question, provided THEY HAVE BEEN PAID. "

(e) paragraph 19 of article III) shall read as follows: "19. Item 5 of paragraph 1 of article 80 shall read as follows: 5. signature Bank or society credit society. "

f) Article III, section 20 shall read as follows: "20. Article 82 shall read as follows: the banking Company or another credit company can be trusted with the issuance of a circular cheques of correspondent banking, provided however that the cheque issued to wear the company's visa bank or credit company authorized to sign, and the correspondent as a representative of that company or bank credit societies. "

g) article V shall read as follows: Art. 5.-within 30 days after the entry into force of this Ordinance, the National Bank of Romania shall issue rules framework on trade done by banking companies and other companies with bills of Exchange, promissory notes and cheques, as well as rules relating to the movement and the technical standards and content of these instruments of credit and payment, according to current international practice. "
2. Order No. 12 of 4 august 1993 concerning the procurement of goods and public investment, as published in the Official Gazette of Romania, part I, no. 202 of 23 august 1993, with the following amendments and additions: a) the title shall read as follows: "public procurement Ordinance" (b) the title of chapter I) shall read as follows: "General provisions") of article 1 (1) shall read as follows: "(1) this Ordinance shall govern all purchases carried out by legal entities referred to in article 1. 2(a) b). "

d) article 2 a) will be as follows: (a)) public procurement means getting by acquiring a legal person, the definitive or temporary dobindirea of the goods under the contract of purchase, lease or rental, including services related to the supply of those goods or public investment, provided that the value of such services not to exceed the value of the property or public investment to which they correspond to; "
  

e) article 2 (b)) shall read as follows: "(b)) legal persons may make public procurement are: i. Parliament and institutions under its control;
II. The Presidency;
III. Government and administrative authorities under article. 115, 120-122 of the Constitution of Romania and budgetary institutions subordinated to them;
IV. judicial authorities;
V. The Public Ministry;
Vi. public institutions of higher education;
VII. the Romanian Academy and its subordinate institutions; "

f) article 1 c) shall read as follows: "(c)) refers to goods, products, equipment and other physical objects of any kind and with any kind of description, including real estate;"

g) article 2 letter e) shall read as follows: "(e)) means any person contracting physical or legal person, real or potential partner of acquiring legal entity into a public procurement contract;"

h) article 2 f) shall read as follows: "f) tendering contract means a contract concluded between the acquiring legal person and the contractor whose bid is winning;"

I) article 2 g) shall read as follows: "(g)) guarantee for guarantee deposit offer represents a legal person acquiring goods supplied by the contractor submitting a tender in which the latter undertakes to sign purchase agreement in the event that its bid is the winner. Warranty offer filed may consist of bank guarantees and treated as such; "

j) article 3 (1) the phrase I will read as follows: "(1) any person acquiring legal may wax attending contractors purchase procedure, without prejudice to the right of the parties to protect their intellectual property or trade secrets, the provision of documentary evidence or information deemed to be useful and which allows him to appreciate that those contractors: ' k) article 3 (2) shall read as follows : "(2) any condition established pursuant to paragraph 4. (1) (a). He will be entered in) documents for pre-selection and, where appropriate, in the specification and will apply equally to all contractors. Legal person acquiring goods will not impose any criterion, requirement or procedure relating to the qualification of contractors, other than those referred to in paragraph 1. (1)."

l) article 3 (3) shall read as follows: "(3) the acquiring legal entity will evaluate the qualification of contractors in accordance with criteria and procedures set out in the pre-selection documents or in the contract documents."

m) in article 3 (4) shall read as follows: "(4) In accordance with article 5. 5 para. (1) and (3), a legal entity acquiring goods will not determine, in relation to the qualification of contractors, no criterion, condition or procedure that would produce discrimination between Romanian and foreign contractors.

b) also acquiring legal entity will not determine, in relation to the qualification of contractors, no criterion, condition or procedure that would produce discrimination between contractors, which represent companies and private contractors, which represent companies with state capital. "
  

n) article 3 (5) shall read as follows: "(5) the legal person acquiring may disqualify a contractor at any time if it finds that the information provided concerning the qualification of that contractor was false or inaccurate."

an) article 4 shall read as follows: Art. 4.-procedure for pre-selection (1) acquiring legal person may engage in pre-selection proceedings with a view to identify, prior to dispatch of tenders, contractors who are able to engage in a purchase agreement, in compliance with the provisions of art. 11. the provisions of article 4. 3 will be applied and the procedure of pre-selection.
  

(2) where the person purchasing engages in legal procedure of pre-selection will provide a set of preselection documents each Contracting State you request, in accordance with the specified procedure and, where applicable, a fee for sending such documents.
  

(3) the documents shall include at least the preliminary selection information laid down in article 21. 11.
  


(4) the legal person acquiring will make known to each contractor who has submitted an application for pre-selection, regardless if the contractor has been selected or not, the names of contractors who have been selected; These names shall be made known upon request, and public opinion. The tendering procedure have the right to participate only contractors who have been selected.
  

(5) a person acquiring legal will, upon request, communicate to contractors who have not been selected, the reasons for rejection, but is not obligated to provide proof or evidence concerning the facts that underlie rejection.
  

(6) a legal Person may ask a contractor purchasing to reconfirm their qualifications in accordance with the same criteria used for pre-selection of that Contracting Party. Legal person acquiring goods will disqualify any contractor who fails to reconfirm their qualification and can disqualify a contractor at any time if it finds that the information provided for the preselection or reconfirmation was false or inaccurate. Acquiring legal entity will make known promptly to each contractor, whom he asked to reconfirm the qualification, if the contractor has failed or not to reconfirm their qualification. "
  

p) Article 5 shall read as follows: Art. 5.-the participation of contractors (1) in the case of purchase whose value exceeds an amount fixed by the Decree of the Cabinet of Ministers, on a proposal from the Ministry of finance and the Ministry of town and country planning and Public Works, contractors may participate in the procurement proceedings regardless of nationality, as the Romanian contractors enjoy similar treatment under the procedures of getting organized by legal persons purchasing from countries whose nationality the foreign contractor.
  

(2) where the amount of purchase is less than the amount referred to in paragraph 1. (1) the acquisition procedure is restricted to contractors, except in the cases referred to in paragraph 1. 3. (3) where Romanian contractors may not meet the requirements listed in the specification, a legal entity is empowered to invite purchasing procedure of purchase and foreign contractors regardless of nationality, even if the value of the contract of purchase is less than the amount referred to in paragraph 1. (1) a legal Person acquiring. will include the acquisition of a justification of the reasons and circumstances on which the decision was taken for the acceptance of the participation of foreign contractors.
  

(4) the legal person will say, even acquiring from the moment that calls for the participation of contractors to purchase, they can participate in that procedure, irrespective of nationality, in accordance with paragraph 1. (1) or (3) or as participation is permitted only to contractors, according to para. (2) as appropriate. This specification cannot be changed later. "
  

r) Article 6 shall read as follows: Art. 6.-communication (1) documents, notifications, decisions and other communications, to which reference is made in this Ordinance and which must be sent by the entity acquiring the contractor or legal person purchasing, will be carried out in written form or in any other form which provides the Registration Act, with the exception of the tender form will be as prescribed by the rules of the art. 11. (2) As an exception to paragraphs 1 and 2. (1) communications between contractors and acquiring legal entity may be made by telephone or by any other means of communication that does not assure registration, the content of the communication provided that immediately thereafter the sender to send a communication to this disclosure in a manner that ensures its registration.
  

(3) a person acquiring legal won't make no discrimination between contractors from the point of view of the form in which they transmit or receive documents, notifications, decisions or other communications. "
  

s) article 7 shall read as follows: Art. 7.-rules for documents supplied by contractors when required the legalization of documents provided by contractors to demonstrate the ability to purchase, acquiring legal person may not impose any condition concerning the legalization of documents, other than those required by the law in force at that time. "

t) article 8 shall read as follows: Art. 8. purchase procedure-Dossier (1) acquiring legal person will prepare a dossier of acquisition procedure, which shall contain the information set out in art. 11. (2) Contracting Parties may claim for expenses that they have incurred in relation to participation in the procedure of purchase where the acquiring legal person failed to prepare a dossier of the purchase procedure in accordance with this article. "
  

u) article 9 shall read as follows: Art. 9.-rejection of contractors who bribed acquiring legal person will reject the offer, proposal or bid, where the Contracting Party which has made a committed the crime of bribery reported traffic of influence and receiving undue benefits against any servant of the acquiring legal person. "

v) Article 10 shall read as follows: Art. 10.-use of the tender Circumstances legal person acquiring will work only on the basis of tendering proceedings, except as provided by this Ordinance. The amounts at which it is necessary to organize a tender procedures shall be established and updated by decisions of the Government on the proposal of the Ministry of finance and the Ministry of public works and town and country planning. It is forbidden to contract acquisition Division into several smaller value contracts in order to avoid an auction procedure. "

x) article 12 (1) shall read as follows: "(1) For the proper conduct of business of the person acquiring legal tender called by the decision, for each purchase of goods and public investment in hand, a Commission for the auction."

z) article 12 (3) shall read as follows: "(3) tender Committee is composed of at least five members and shall include:-the President of the Commission is, as a rule, a person acquiring legal specialist;
-representative of the Ministry of finance;
-representative of the Ministry of public works and town and country planning, only in cases of acquisition of public investment;
-other representatives as members of the Commission for the auction, which will be specialists with experience in the field of acquisition and public moral probity. "

to article 12) (4) shall read as follows: "(4) the fees of the participants in the Commission for the auction, which are not permanent employees, purchasing, legal person shall incur by acquiring legal person."

b) article 14 shall read as follows: Art. 14.-request for Acquisition through offers of legal Person acquiring price may hire through a procedure of acquisition through bidding, according to art. 15, for the procurement of readily available goods that are not produced according to the specifications of the legal person acquiring goods for which there is an established market, provided that the estimated value of the purchase contract to be less than the amount prescribed in the regulations for the organisation of auctions. "

c) article 15 shall read as follows: Art. 15.-the call for tenders Procedure price (1) acquiring legal entity will be required to price offers as many contractors, but at least three, as far as possible. Each contractor will be required detailing parts prices, taking as from the structure that best suits the needs assessment of acquiring legal entity.
  

(2) Each Contracting State is allowed to submit only one bid and cannot change your bid proposal. Will not take place any kind of negotiations between the legal person acquiring goods and a contractor concerning the bid proposed by the contractor.
  

(3) the purchase contract will be concluded with the contractor that offered the lowest price relative to the acquiring legal entity needs. "
  

d) article 16 shall read as follows: Art. 16.-use of Circumstances from a single source.
Legal entity acquiring goods or can purchase public investments by way of a proposal or price offers to one contractor in the following circumstances: (a) public goods or investments) can only be provided by a single contractor who has exclusive rights in respect of goods purchased or public investments, such as artistic works and works under copyright protection;
  

b) due to the force majeure (natural disasters, war, etc.) which make impossible the application of the tendering procedure;
  


(c) legal person acquiring who) has purchased goods, equipment or technology from a particular contractor acting as a host of additional items must be purchased from the same contractor for reasons of standardization or because it requires compatibility with goods, equipment or technology already purchased, taking into account the initial acquisition efficiency in terms of acquiring legal entity needs the size of this, limited in capacity procurement in relation to the initial purchase price, reasonable and non-existent for an alternative for the purchase of the goods in question; also public investments that cannot be achieved by the contractor or supplier of the work;
  

(d) the acquiring legal entity) seeking to enter into a contract with a contractor for the purpose of undertaking research, studies or experiments, technological developments aimed at the acquisition of a prototype, except where the contract includes the production of goods in quantities to establish a commercial profit or to cover the costs of research and development. "
  

e) article 17 shall read as follows: Art. 17.-rationale for selection of methods for acquiring legal person purchase using one of the methods of acquisition. 16 will include the acquisition of a supporting note approved by the leader of the legal person acquiring about the reasons and circumstances on which they relied in order to choose that method of purchase, together with the opinion of the Ministry of finance in the case of purchase of goods, and with the joint opinion of the Ministry of finance and Ministry of public works and town and country planning, procurement of public investments. "

f) article 18 (b)) shall read as follows: "(b)) of profits by investors or acquiring entity through sale documents for the tenders at prices higher than the cost of the multiplication;"

g) article 20 shall read as follows: Art. 20.-the right to opposition (1) Any Contracting State which wishes to participate in or attend a purchase procedure in accordance with this Ordinance and who believe that suffering, that is likely to suffer or that it suffered injury due to an act or a decision of the acquiring legal person or procedure used by this, in contravention of a provision of this Ordinance, may submit to the opposition against the Act the procedure in question.
  

(2) will not be able to make the opposition on the basis of paragraph 1. (1) a) acts against, decisions or procedures followed by the acquiring legal person on the selection of a method of acquisition;
  

b) under article acceptance. 5 para. (2) the procedure for acquisition of Romanian contractors;
  

(c) limitation of the call for tenders) for auction grounds of economy and efficiency;
  

d) legal entity choice by purchasing the tender form;
  

e) a decision to reject all tenders taken by acquiring legal person prior to acceptance of an offer. "
  

h) Article 21 shall read as follows: Art. 21.-Opposition filed legal entity acquiring driver (1) Any Contracting State which participate in the purchasing procedure may submit a written objection to the driver of a legal person acquiring goods within 7 days of the date on which the contractor who shall submit it took notice of the decision of award.
  

(2) where the appeal is not resolved amicably by the contractor who submitted it and acquiring legal person, the legal entity acquiring goods which he has given the opposition will take a written decision within 10 days from the date of registration of the said appeal, the opinion of the Ministry of finance and the Ministry of public works and town and country planning for the procurement of public investments. The decision will be notified as soon as the contractor has submitted the appeal. The notification will also mention the reasons for the adoption of the decision and indicate the corrective measures to be taken where the opposition is accepted partially or in full. The decision may be appealed in court under art. 24. (3) where the person purchasing legal ruler to whom it has given notice of opposition shall not take a decision within the period specified in paragraph 1. (2) the contractor who has submitted that the opposition has the right to bring a legal action in accordance with art. 24. "i) Article 22 shall read as follows: Art. 22.-rules applicable to appeal submitted pursuant to article 5. 21 (1) Immediately after it has been lodged a notice of opposition pursuant to article 42. 21, the head of the legal person will notify the contractor purchasing outright opposition and its content.
  

(2) a copy of the decision of the driver of a legal person acquiring goods will be sent as soon as the contractor has submitted both legal person acquiring such opposition and contractor whose bid has been winning. After the issuance of the decision, the opposition and the corresponding decision will be immediately made available to any interested person, provided that no information not be disclosed if its disclosure would be contrary to law, would impede law enforcement, would affect the public interest, would prejudice the legitimate commercial interests of the parties or would affect free competition. "
  

j) Article 23 shall read as follows: Art. 23.-the suspension of the procedure of purchase (1) acquiring legal person may include in the purchase agreement a standstill clause, by virtue of which the legal entity acquiring ruler may suspend for a period not exceeding 30 days carrying out the purchase contract in order to protect the rights of the contractor shall submit the notice of opposition.
  

(2) Any decision taken by the legal person acquiring goods according to the provisions of this article, as well as the reasons and circumstances that led to the taking of the decision will be included in the acquisition. "
  

k) article 24 shall read as follows: Art. 24.-the deadline for introducing legal action legal Action will be inserted within 10 days of notification of the decision taken by the head of the legal person acquiring goods or the date of expiry of the period of 10 days in which the acquiring legal entity leader must take that decision. "

I) article 25 (1) shall read as follows: "(1) the contractor who will commit, he or his prepuşii any infringement upon this Ordinance times will be included on a list of special Ministry of finance outfit and the Ministry of public works and town and country planning for public investments, given the prohibition to enter into a procurement contract within a period of 5 years from the date of final judgment of whether conviction or of sanctioning. The Ministry of finance and Ministry of public works and town and country planning will decide on inclusion on list referral, to ban the legal person acquiring or supervisory body that has ex officio obligation referral. "

m) article 27 shall read as follows: Art. 27.-In so far as this Ordinance enters in contradiction with the obligations assumed by Romania through treaties or international agreements, ratified by law, their provisions will prevail. "

n) article 28(2) shall read as follows: Art. 28. admission to finance purchases of goods and public investments will be made on the basis of public procurement contract concluded by the acquiring legal entity with the winner of the auction contractor. "

a) article 31 shall read as follows: Art. 31.-on entry into force of this Ordinance, any provisions to the contrary are hereby repealed. "
3. Ordinance No. 17 of 20 august 1993 relating to the establishment and sanctioning of violations at the financial management regulations and tax, published in the Official Gazette of Romania, part I, no. 205 of 25 august 1993.
4. Order No. 18 of 20 august 1993 on the regulation of nebursiere transactions in securities and organization of intermediary institutions, published in the Official Gazette of Romania, part I, no. 206 of 26 august 1993.
5. Order No. 23 of 25 august 1993 on measures to redress and resolution of cases of default of economic agents, as published in the Official Gazette of Romania, part I, no. 209 of 30 august 1993.
6. Order No. 24 of 25 august 1993 on the regulation of the establishment and officials of investments and investment companies as financial intermediation institutions and published in the Official Gazette of Romania, part I, no. 210 of 30 august 1993.
7. Order No. 25 of 25 august 1993 on stimulating small and medium sized enterprises, as published in the Official Gazette of Romania, part I, no. 210 of 30 august 1993, with the following modifications: a) Article 1 shall read as follows: Art. 1.-the State supports the establishment and development of small and medium enterprises in their favor, thanks a system of perks and amenities, in order to promote productive activities in the fields of industry, construction, tourism and services with added value, research-development and design. "

b) article 3 1 a) shall read as follows: ") up to 25 employees for small enterprise."

c) article 4 shall read as follows:
  


"Art. 4.-small and medium enterprises benefit from information services, support, and consulting services, provided free of charge or with discounts rates, for the purpose of carrying out their activity and development. "

d) article 13 shall read as follows: Art. 13.-it is prohibited discrimination against small and medium enterprises in terms of access to the resources of raw materials, fuels, energy and materials, as well as for the supply of machinery, equipment, spare parts and services provided by the autonomous administrations and companies. "

e) article 14 shall read as follows: Art. 14.-ensure non-discriminatory access of small and medium enterprises purchases goods and public investments, according to the law. "

f) article 15 shall read as follows: Art. 15.-Government supports subcontracting by small and medium enterprises to manufacture components of goods and supplies of services, through the development of a specific methodology regarding subcontracting activities. "

g) article 16(1) shall read as follows: "small and medium enterprises are encouraged to develop export business."

h) article 16 2 of) will be as follows: (a) access to the facility) information on foreign markets and international trade. "
  

I) article 18 (b)) shall read as follows: "(b)) application of a system for dobindirea and use the unused assets, or made available through the restructuring, belonging to companies owned by the State;"

the title of chapter IX) shall read as follows: "to support small and medium enterprises") Article 20 shall read as follows: Art. 20.-Supporting and developing small and medium enterprises may be carried out by specialized bodies of central public administration, foundations, associations and other non-governmental organizations. "

l) article 21 2 phrase I shall read as follows: "in carrying out its function, the Romanian Development Agency has the following main tasks."

m) article 2 c) shall read as follows: "c) collaborates with ministries, other specialized bodies of central public administration bodies and local public administration authorities, as well as with non-governmental organizations and economic agents in order to create a favourable framework for the development of small and medium enterprises;"

n) article 21 paragraph 2) shall read as follows: "f) organize selections of small and medium enterprises liable to benefit from special programmes, based on performance criteria;"

o) Article 23 1 shall read as follows: "small and medium enterprises constitute the representative associations in accordance with the law."
The Ordinance will be republished in the Official Gazette of Romania, part I.
8. Government Order No. 5 of 23 July 1993 concerning the settlement of cases of inability to pay some economic agents, through the application of the deduction provided for in Ordinance No. 3/1992 which was approved by law No. 130/1992 on some products exempt from value added tax, as published in the Official Gazette of Romania, part I, no. 183 of 30 July 1993.
This law was adopted by the Chamber of deputies at its meeting on 19 September 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 19 September 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — — — — — — — — — — — — —