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Law No. 314 Of 12 October 2009

Original Language Title:  LEGE nr. 314 din 12 octombrie 2009

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LEGE no. 314 314 of 12 October 2009 to amend and supplement Government Emergency Ordinance no. 30/2006 on the function of verifying the procedural aspects related to the award of public procurement contracts, public works concession contracts and service concession contracts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 694 694 of 15 October 2009



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 30/2006 on the function of verifying the procedural aspects related to the award of public procurement contracts, public works concession contracts and service concession contracts, published in the Official Gazette of the Romania, Part I, no. 365 of 26 April 2006, approved with amendments and additions by Law no. 228/2007 , as amended, amend and supplement as follows: 1. In Article 1, paragraph 2 shall be amended and shall read as follows: " (2) For the purposes of paragraph ((1), shall be subject to verification of the procedural aspects relating to the award of contracts with an estimated value, excluding VAT, equal to or greater than the value thresholds laid down in art. 124 of Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, approved with amendments and additions by Law no. 337/2006 ,, as amended and supplemented. " 2. In Article 1, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) By exception to the provisions of par. (2), in the case of requests from public bodies and entities, may be subject to the verification and procedural aspects related to the process of awarding works contracts/services with the estimated value, excluding VAT, less than the values referred to in paragraph ((2). ' 3. Article 2 is amended and shall read as follows: "" Art. 2. -The Ministry of Public Finance, through its specialized structures at central and territorial level, carries out the verification of the contract award process, selectively, based on selection criteria. The selection methodology will be established by the implementing rules of this law. " 4. In Article 4, the introductory part and letters a), b) and c) shall be amended and shall read as follows: "" Art. 4. -In carrying out the verification function, the tasks of the Ministry of Public Finance are a) the pursuit of the main stages of the procedures for the award of contracts provided in art. 1 1 para. ((2) and (2 ^ 1); b) analysis of the award documentation drawn up by the contracting authority, in order to award the contracts provided in art. 1 1 para. ((2) and (2 ^ 1); c) elaboration of activity reports for each procedure for the award of public procurement contracts, public works concession contracts and service concession contracts, which has been subject to verification by designated observers, within 10 working days of the completion of the verification activity; '. 5. After Article 4, a new article is inserted, Article 4 ^ 1, with the following contents: "" Art. 4 4 ^ 1. -The contracting authorities initiating the award procedures, selected for verification, are required to meet within the time limit set by the provisions of secondary legislation, the following: a) to provide the award documentation, if it is not available in the electronic procurement system, as well as all the documents related to the award procedure; b) to inform on the schedule of the evaluation process of the applications/offers and on any changes to the schedule of the evaluation process; c) to make available the report of the award procedure, before being approved by the head of the contracting authority, in order to ensure the preventive purpose of the verification function; d) to notify the signing of the contract/framework agreement, within 3 days from its signature by both parties, stating the date of signature, the winning bidder and the price. " 6. In Article 5, paragraph 1 shall be amended and shall read as follows: "" Art. 5. -(1) For the award procedures that do not require the publication of a contract notice in the electronic procurement system, the contracting authorities have the obligation to notify the Ministry of Public Finance of the procedure to be conducted, at least 5 working days before the deadline set for the submission of the tender. " 7. In Article 10, paragraph 1 shall be amended and shall read as follows: "" Art. 10. -(1) It constitutes contraventions and the following shall be sanctioned: a) non-compliance with the obligation provided 4 ^ 1, with a fine of 10,000 lei to 15,000 lei; b) violation of art. 5 5 para. (1), with a fine of 5,000 lei to 7,000 lei; c) not sending within 3 working days the documents and information requested by the designated observers, with a fine of 15,000 lei to 20,000 lei. " 8. in Article 10, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. (1), the finding agent making mention of this possibility in the minutes. " 9. Article 13 shall be repealed. + Article II Article II of Law no. 228/2007 for approval Government Emergency Ordinance no. 30/2006 on the function of verifying the procedural aspects related to the process of awarding public procurement contracts, published in the Official Gazette of Romania, Part I, no. 471 of 12 July 2007, shall be repealed. + Article III This law shall enter into force 10 days from the date of publication in the Official Gazette of Romania, Part I. + Article IV Government Emergency Ordinance no. 30/2006 on the function of verifying the procedural aspects related to the award of public procurement contracts, public works concession contracts and service concession contracts, published in the Official Gazette of the Romania, Part I, no. 365 of 26 April 2006, approved with amendments and additions by Law no. 228/2006 , as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . p. PRESIDENT CHAMBER OF DEPUTIES, DANIELA POPA SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, October 12, 2009. No. 314. ------------