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Law No. 98 Of 19 May 2016 Public Procurement

Original Language Title: LEGE nr. 98 din 19 mai 2016 privind achiziţiile publice

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LEGE no. 98 98 of 19 May 2016 (* updated *) on public procurement ((updated until 9 June 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Section 1 Object, purpose and principles + Article 1 This law regulates the way of public procurement, the procedures for the award of public procurement contracts and the organization of the specific solutions, tools and techniques that can be used for assigning public procurement contracts, as well as certain specific aspects relating to the execution of public procurement contracts. + Article 2 (1) The purpose of this law is to ensure the legal framework necessary to achieve the purchase of goods, services and works in conditions of economic and social efficiency. (2) The principles underlying the award of public procurement contracts and the organization of solution contests are: a) non-discrimination; b) equal treatment; c) mutual recognition; d) transparency; e) proportionality; f) assumption of responsibility. + Section 2 Definitions + Article 3 (1) For the purposes of this law, the following terms and expressions have the following meanings: a) professional misconduct-any culpable behavior affecting the professional credibility of the economic operator concerned, such as violations of intellectual property rights, committed with intent or serious fault, including violations of the rules of deontology in the strict sense of the profession to which this operator belongs; b) procurement or public procurement-acquisition of works, products or services by means of a public procurement contract by one or more contracting authorities from economic operators designated by them, regardless whether the works, products or services are intended or not for the purpose of public interest; c) framework agreement-the agreement concluded in written form between one or more contracting authorities and one or more economic operators which has as its object the establishment of the terms and conditions governing the public procurement contracts to be be awarded in a certain period, in particular as regards the price and, where applicable, the quantities envisaged; d) ancillary acquisition activities-activities consisting of the provision of assistance and support for acquisition activities, in particular technical infrastructure enabling contracting authorities to award public procurement contracts or the conclusion of framework agreements for works, products or services, or assistance and advice on the conduct or structuring of public procurement procedures, or the preparation and administration of award procedures on behalf of and in benefit of the contracting authority concerned; e) centralized procurement activities-the activities carried out by a centralised purchasing unit on a permanent basis through the acquisition in its own name of products and/or services intended for another contracting authority, or by the award of public procurement contracts or the conclusion of framework agreements for works, products or services on behalf of and for another/other contracting authority/authorities; f) continuously valid intention announcement-the notice of intent published by the contracting authority as a way of initiating an award procedure for the purchase of social services or other specific services, set out in Annex no. 2 2, the alternative of the contract notice, in which reference is made specifically to the categories of services covered by the contracts to be awarded, indicate that those contracts are awarded without publication subsequent to a contract notice and invite interested economic operators to express in writing their interest in participating in the award procedure; g) candidate-any economic operator who has submitted a request for participation in a restricted tendering procedure, competitive negotiation, competitive dialogue or innovation partnership or who has been invited to participate in a procedure negotiation without prior publication; h) labelling requirements-the requirements to be fulfilled by works, products, services, processes or procedures to obtain a particular label; i) life cycle-successive and/or interdependent stages, which include the research and development to be carried out, its production, marketing and conditions, transport, use and maintenance, for the duration of the the existence of a product or a work or the provision of a service, from the acquisition of raw materials or the generation of resources to disposal, the cleaning of the site and the conclusion of the service or use; j) solution contests-the procedures that allow the contracting authority to acquire, in particular in the field of spatial and urban planning, architecture and engineering or data processing, a plan or a project selected by a jury on a competitive basis, with or without awarding prizes; k) construction-the result of an assembly of building works of buildings or works of civil engineering, which can perform by itself an economic or technical function; l) public procurement contract-the contract for consideration, assimilated, according to the law, to the administrative act, concluded in writing between one or more economic operators and one or more contracting authorities, which has as its object the execution of works, supply of goods or services; m) public works procurement contract-the public procurement contract that has as its object: either exclusively the execution or both the design and the execution of works in connection with one of the activities provided for in Annex no. 1 1; either exclusively the execution, or both the design and the execution of a construction; or the realization, by any means, of a construction corresponding to the requirements established by the contracting authority which exert a determining influence on type or design of the construction; n) public procurement contract of products-the public procurement contract that has as object the purchase of products by purchase, including with payment in installments, rental, leasing with or without option to buy or through any other modalities contractual under which the contracting authority benefits from these products, whether or not it acquires ownership of them; the public procurement contract may include, as an accessory, works or operations of location and installation; o) public service purchase contract-the public procurement contract that has as its object the provision of services, other than those that are the subject of a public procurement contract of works according to lit. m); p) long-term contract-the public procurement contract concluded for a period of at least 5 years that includes the duration of execution of works or construction, if it has a component consisting in the execution of works or a construction, as well as the duration of provision of services, established so that the contractor makes a reasonable profit; q) contractor-any economic operator who is party to a public procurement contract; r) CPV-the reference nomenclature in the field of public procurement, adopted by Commission Implementing Regulation (EU) No 2.195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV); s) DUAE-the single European procurement document provided in electronic format by using the standard format established by the European Commission, consisting of the economic operator's self-declaration on the fulfilment of the criteria of qualification and selection; t) e-Certis-the electronic system implemented and administered by the European Commission with information on certificates and other supporting documents commonly requested by the contracting authorities in the framework of the award procedures; u) label-any document, certificate or attestation confirming that works, products, services, processes or procedures meet certain requirements; v) European technical assessment-documented assessment of the performance of a construction product with regard to its essential characteristics, in accordance with that European assessment document, as defined in art. 2 2 section 12 12 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Directive 89 /106/EEC of the Council w) supplier-the entity making available to a contractor products, including installation or location services, if applicable, or providing services to it, which does not have the quality of subcontractor; x) acquisition service provider-a person of public or private law who offers ancillary acquisition activities on the market; y) document of the acquisition-the contract notice, the award documentation, as well as any additional document issued by the contracting authority or to which it refers to describe or establish elements of the procurement or the procedure award; z) award documentation-the procurement document containing the requirements, criteria, rules and other information necessary to ensure to economic operators a complete, correct and explicit information on requirements or elements of the the procurement, the subject-matter of the contract and the manner of the award procedure, including the technical specifications or the descriptive document, the proposed contractual conditions, the formats for submitting documents by candidates/tenderers, information on the applicable general obligations; aa) innovation-the realization of a new product, service or process that is significantly improved, including production or construction processes, new marketing methods or new organizational methods in commercial activity, the organisation of the organisation's workplace or external relations, inter alia, to help address societal challenges or to support the Europe 2020 strategy for smart, green and inclusive growth; bb) electronic auction-the repetitive process carried out by electronic means after a full initial evaluation of the tenders, where tenderers have the opportunity to reduce the prices presented and/or to improve other values of certain elements of the offer, which allows the classification of tenders by automatic evaluation methods; cc) official lists-the lists administered by the competent bodies, including information on the economic operators listed on the lists and representing a means of proof of compliance with the qualification and selection requirements set out in the lists; dd) lot-each part of the object of the public procurement contract, an object which is divided to adapt the size of the object of the individual contracts resulting so as to better meet the needs of the contracting authority as well as the capacity of small and medium-sized enterprises, or on a qualitative basis, in accordance with the different trades and specialisations involved, to adapt the content of individual contracts more closely to the specialised sectors of SMEs or to compliance with the different phases of the project; ee) civil engineering works-construction works provided for in classes 45.21, 45.23, 45.24 and 45.25 of Annex no. 1 1, except those having as their object the construction of buildings; ff) electronic means-electronic processing equipment, including digital compression, and storage of data emitted, transmitted and received by cable, radio, optical means or by other electromagnetic means; gg) tenderer-any economic operator who has submitted an offer in the course of an award procedure; hh) offer-the legal act by which the economic operator manifests his will to engage legally in a public procurement contract. The offer includes the financial proposal, the technical proposal and other documents established by the award documentation; ii) the alternative offer-the offer that complies with the minimum requirements and the possible specific requirements set out in the procurement documents, but which proposes a different solution to a greater or lesser extent; jj) economic operator-any natural or legal person, public law or private law, or group or association of such persons, who offer in a lawful manner the execution of works and/or a construction, supply of products or the provision of services, including any temporary association formed between two or more of these entities; kk) partnership for innovation-the award procedure used by the contracting authority for the further development and acquisition of a product, service or innovative works, given that the solutions available on the market at a At the moment they do not satisfy the needs ll) persons with decision-making positions-the head of the contracting authority, members of the decision-making bodies of the contracting authority related to the award procedure, as well as any other persons within the contracting authority who may influence the content of the procurement documents and/or the conduct of the mm) technical reference-any specification developed by the European standardisation bodies, other than European standards or other organisations having standardisation activities in which Romania is a party, in accordance with procedures adapted to function of changing market requirements; nn) The electronic procurement system, hereinafter referred to as SEAP-designates the public utility information system accessible via the internet to a dedicated address used for the purposes of electronic means of procedures for the award and for the purpose of publication of national notices; oo) written (a) or in writing-any set of words or figures that can be read, reproduced and communicated subsequently, including information transmitted and stored by electronic means; pp) dynamic purchasing system-the procurement process organized in integrality by electronic means and open, throughout its period of validity, to any economic operator that meets the qualification and selection criteria, for procurement of current use, whose overall characteristics available on the market satisfy the needs of the contracting authority; qq) request for participation-the request submitted by the economic operator together with the necessary documents in order to meet the qualification requirements in the first stage in a restricted tender procedure, competitive negotiation, dialogue competitive or partnership for innovation; rr) technical specifications-requirements, prescriptions, characteristics of a technical nature that allow each product, service or work to be described, objectively, in a manner corresponding to the fulfilment of the necessity of the contracting authority; ss) common technical specification-a technical specification in the field of information and communication technology developed in accordance with Articles 13 and 14 of the Regulation (EU) No 1.025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Directives 89 /686/EEC and 93 93 /15/EEC of the Council and Directives 94 /9/EC , 94 94 /25/EC , 95 95 /16/EC , 97 97 /23/EC , 98 98 /34/EC , 2004 2004 /22/EC , 2007 2007 /23/EC , 2009 2009 /23/EC and 2009 2009 /105/EC of the European Parliament and of the Council and repealing the Decision 87 /95/EEC of the Council and Decision no. 1.673/2006/EC of the European Parliament and the Council; tt) standard-a technical specification adopted as an international standard, European standard or national standard by a recognised standardisation body, for repeated or continuous application, which is not compulsory; uu) European standard-a standard adopted by a European standardisation organisation, which is made available to the public; vv) international standard-a standard adopted by an international standardisation body, which is made available to the public; ww) national standard-a standard adopted by a national standardisation body which is made available to the public; xx) Member State-any Member State of the European Union or of the European Economic Area; yy) subcontractor-any economic operator that is not part of a public procurement contract and that executes and/or provides certain parts or elements of works or construction or performs activities that are part of the object public procurement contract, responding to the contractor for the organization and development of all necessary steps for this purpose; TFEU-Treaty on the Functioning of the European Union; The Treaty on European Union and the Treaty on the Functioning of the European Union; bbb) centralised purchasing unit-a contracting authority providing centralised purchasing activities and, where appropriate, ancillary procurement activities; ccc) separate operational unit-structure within the contracting authority, whether technically, geographically or organisationally from other structures of the contracting authority; ddd) days-calendar days, except in cases where it is expressly provided that there are working days. (2) The terms provided for in this Law shall be calculated according to the following rules: a) in the calculation of a term expressed in days, months or years from a given event or act or action, the date on which that event occurs, act or action shall not be taken into account; b) with the proper application of the provisions of lit. a) and d), the term expressed in days begins to run at the beginning of the first hour of the first day of the term and ends on the expiry of the last hour of the last day of c) with the proper application of the provisions of subparagraph a) and d), the term expressed in months or years begins to run at the beginning of the first hour of the first day of the term and ends on the expiry of the last hour of the day representing the day of the last month or year corresponding to the day in which it began the time limit; if, in the case of the term expressed in months or years, the time limit does not exist within the month in which the time limit has begun, the deadline shall end at the end of the last hour of the last day of that month; d) if the last day of a term expressed in days, months or years is a public holiday, Sunday or Saturday, the deadline ends at the expiration of the last hour of the next working day; e) the calculation of a term expressed in working days shall apply accordingly to the provisions of point a), b) and d), with the distinction that non-working days within the term are not taken into account. + Section 3 Contracting authorities + Article 4 (1) Have the quality of contracting authority within the meaning of this law a) central or local authorities and public institutions, as well as the structures in their composition that have delegated the quality of authorising officer and who have established competences in the field of public procurement; b) bodies governed by public law; c) the associations comprising at least one contracting authority among those referred to in lett. a) or b). (2) By bodies governed by public law within the meaning of paragraph ((1) lit. b) means any entities, other than those provided in par. ((1) lit. a) which, regardless of the form of establishment or organization, cumulatively meet the following conditions: a) are established to meet needs of general interest, non-commercial or industrial; b) have legal personality; c) are financed, in the majority, by entities among those provided in par. ((1) lit. a) or by other bodies of public law or are subordinated, under the authority or in coordination or control of an entity among those provided in par. ((1) lit. a) or of another body of public law or more than half of the members of the management board/management or supervisory body are appointed by an entity among those provided in par. ((1) lit. a) or by another body governed by public law. + Section 4 Scope of application + Paragraph 1 Thresholds + Article 5 The provisions of this law are applicable to public procurement contracts, framework agreements and solutions competitions. + Article 6 ((1) This law shall apply for the award by a legal entity without the quality of contracting authority of a works contract, where the following conditions are cumulatively met: a) the contract is directly financed/subsidized, more than 50% of its value, by a contracting authority; b) the estimated value, without VAT, of the contract is equal to or greater than the threshold provided in art. 7 7 para. ((1) lit. a); c) the contract includes one of the activities mentioned in par. ((2). ((2) The activities covered by par. ((1) lit. c) are the following: a) civil engineering works; b) construction works for hospitals, facilities for sports, recreational and recreational activities, buildings of pre-university and university educational institutions and administrative buildings. ((3) This Law shall apply for the award by a legal entity without the quality of contracting authority of a service contract, where the following conditions are cumulatively met: a) the contract is directly financed/subsidized, more than 50% of its value, by a contracting authority; b) the estimated value, without VAT, of the contract is equal to or greater than the threshold provided in art. 7 7 para. ((1) lit. b); c) the contract is in connection with a works contract that is subject to par. ((1). (4) The contracting authorities which finance/subsidise the contracts referred to in par. ((1) and (3) are required to pursue compliance with the provisions of this law when they do not themselves assign the funded/subsidized contract or when they assign it on behalf of and for other entities. + Article 7 (1) The award procedures covered by this law shall apply to the award of public procurement contracts/framework agreements whose estimated value, excluding VAT, is equal to or greater than the following value thresholds: a) 23.227.215 lei, for public procurement contracts/works framework agreements; b) 600.129 lei, for public procurement contracts/framework agreements for products and services; c) 3.334.050 lei, for public procurement contracts/framework agreements of services that have as object social services and other specific services, provided in Annex no. 2. (2) The contracting authority shall award the public procurement contracts/framework agreements and organize the contests of solutions concerning public procurement whose estimated value is less than the corresponding thresholds referred to in paragraph 1. ((1) by applying a simplified procedure, in compliance with the principles provided for in art. 2 2 para. ((2). (3) By the methodological norms for the application of this law, the conditions and modalities of application of the simplified procedure provided in par. ((2). (4) The conditions and modalities for the application of the simplified procedure provided in par. (2) involve at least shorter terms than those provided for in the present law and procedural formalities reduced compared to those provided for in it for the award of public procurement contracts, framework agreements and solutions of solutions whose estimated value is greater than the corresponding thresholds referred to in paragraph 1. ((1). (5) The contracting authority has the right to purchase directly products or services if the estimated value of the purchase, excluding VAT, is less than 132,519 lei, respectively works, if the estimated value of the purchase, excluding VAT, is less than 441,730 lei. + Paragraph 2 Revision of thresholds + Article 8 (1) The value thresholds provided for in art. 7 7 para. ((1), as well as any amended thresholds resulting from the application of this paragraph, shall be amended by the European Commission according to the appropriate rules and procedures provided for in art. 6 6 of Directive 2014 /24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004 /18/EC . ((2) From the date of entry into force of any valid thresholds modified by the European Commission according to the appropriate rules and procedures provided for in art. 6 6 of Directive 2014 /24/EU , the value thresholds provided in art. 7 7 para. (1) or any previously modified thresholds shall be replaced by the corresponding amended thresholds, and any reference or reference in the present law to the thresholds provided for in art. 7 7 para. ((1) is understood as reference or reference to the corresponding thresholds thus amended. (3) The National Public Procurement Agency, hereinafter referred to as ANAP, publishes on its website the value thresholds established by the European Commission according to the appropriate rules and procedures provided for in art. 6 6 of Directive 2014 /24/EU ,, on the date of their entry into force. + Paragraph 3 Calculation of the estimated value of the purchase + Article 9 (1) The contracting authority shall calculate the estimated value of a purchase in view of the total amount of payment, excluding VAT, estimated by the contracting authority, taking into account any possible forms of options and extensions of the contract explicitly mentioned in the procurement documents. (2) If the contracting authority provides, in accordance with the provisions of this law, the award of prizes/premiums for bidders or candidates, the determination of the estimated value of the acquisition must also include the value of prizes/premiums That. + Article 10 ((. Where the contracting authority has separate operational units in its structure, the estimated value shall be calculated by taking into account the total estimated value of all the operational units taken separately. (2) By exception to the provisions of par. ((1), if an operational unit is independently responsible for its purchases or for certain categories thereof, the estimated values may be calculated at the level of the unit concerned. (3) For the purposes of paragraph 1 ((2), an operational unit shall be responsible independently for its procurement or for certain categories thereof if the following conditions are met cumulatively: a) the operational unit shall carry out the award procedures independently; b) the operational unit independently takes decisions on procurement; c) the operational unit has at its disposal in the budget sources of financing distinctly identified for acquisitions; d) the operational unit shall independently conclude public contracts; e) the operational unit ensures the payment of public contracts from the budget available to it. + Article 11 (1) The contracting authority shall not have the right to use methods of calculation of the estimated value of the acquisition in order to avoid the application of the award procedures provided by this law. (2) The contracting authority has no right to divide the public procurement contract into several distinct contracts of lesser value, nor to use calculation methods leading to an undervaluation of the estimated value of the contract. public procurement, in order to avoid the application of the award procedures covered by this Law. + Article 12 The estimated value of the purchase shall be determined before the initiation of the award procedure and shall be valid at the time of initiation of the award The initiation of the award procedure is carried out by one of the following a) the submission of the contract notice for publication; b) in the case of the acquisition of social services or other specific services, provided in Annex no. 2, the transmission for publication of the notice of participation or of the notice of intent that is valid on a continuous basis; c) transmission of the invitation to participate in the negotiation procedure without prior publication of a contract notice. + Article 13 (1) In the case of the solution contest provided in art. 105 lit. a), the estimated value is calculated on the basis of the estimated value, without VAT, of the public service contract, including any possible prizes or payments to the participants. (2) In the case of the solution contest provided in art. 105 lit. b), the estimated value is calculated by reference to the total value of the prizes or payments to the participants and includes the estimated value, without VAT, of the public procurement contract of services that can be concluded pursuant to the provisions of art. 104 104 para. ((7), if the contracting authority has expressed in the notice of competition the intention to award this contract. + Article 14 In the case of the framework agreement or the dynamic purchasing system, the estimated value of the acquisition shall be deemed to be the estimated maximum value, excluding VAT, of all subsequent public procurement contracts which are anticipated to be awarded on the basis of the framework agreement or the use of the dynamic purchasing system throughout its duration. + Article 15 In the case of the innovation partnership, the estimated value of the acquisition shall be considered to be the estimated maximum value, excluding VAT, of the research and development activities to be carried out during all stages of the partnership views, as well as products, services or works to be carried out and purchased at the end of that partnership. + Article 16 In the case of public works contracts the estimated value of the purchase is calculated taking into account both the cost of the works and the total estimated value of the products and services provided to the contractor by the contracting authority, necessary for the execution of + Article 17 (1) If the contracting authority intends to purchase a construction or services, and the award of contracts may be carried out on separate lots, the estimated value of the purchase shall be determined taking into account the overall value estimated all lots. ((. Where the aggregate value of the lots is equal to or greater than the corresponding value thresholds laid down in art. 7 7 para. ((1), the award procedures covered by this law shall apply for the award of each lot, regardless of its estimated value. + Article 18 (1) If the contracting authority intends to purchase similar products and the award of contracts may be carried out on separate lots, the estimated value of the purchase shall be determined taking into account the estimated global value of all lots. ((. Where the aggregate value of the lots is equal to or greater than the corresponding value thresholds laid down in art. 7 7 para. ((1), the award procedures covered by this law shall apply for the award of each lot. (3) For the purposes of paragraph 1 (1), by similar products means those products which cumulatively meet the following conditions: a) are intended for identical or similar uses; b) are part of the normal range of products that are supplied/marketed by economic operators with constant activity in that sector. + Article 19 By exception to the provisions of art. 17 17 and 18, the award procedures covered by this Law shall not apply to the award of contracts for individual lots where the following conditions are cumulatively met: a) the estimated value, without VAT, of the respective lot is less than 355,632 lei, in case of purchase of products or services, or less than 4,445,400 lei, in case of acquisition of works; b) the aggregate value of the lots for which the condition laid down in subparagraph is fulfilled a) and which are or have been awarded under this Article without the application of the award procedures covered by this Law shall not exceed 20% of the overall value of all the lots in which the intended construction was divided, the purchase of similar products or services envisaged. + Article 20 In the case of public procurement contracts for products or services of a regular nature or intended to be renewed during a given period, the estimated value of the purchase shall be calculated on the basis of the following: a) either the global real value of all successive similar contracts awarded over the last 12 months or in the previous budget year, adjusted, where possible, to take into account the quantitative and value changes that may occur within 12 months from the date of the initial contract; b) or the overall estimated value of all successive contracts awarded within 12 months of the first delivery. + Article 21 In the case of public procurement contracts of products by purchase in installments, by rental or by leasing with or without purchase option, the estimated value of the purchase is calculated according to the duration of the contract, as follows: a) in the case of public procurement contracts concluded for a fixed term of less than or equal to 12 months, the estimated value is the total estimated value for the entire duration of that contract; b) in the case of public procurement contracts concluded for a fixed duration of more than 12 months, the estimated value shall be the total estimated value for the entire duration of that contract plus the estimated residual value of the products at the end of the period for which the contract was concluded; c) in the case of public procurement contracts concluded for an indefinite period or if their duration cannot be set at the date of the estimate, the estimated value is calculated by multiplying by 48 the monthly value of the contract. + Article 22 In the case of public service contracts for insurance services, the estimated value of the purchase shall be calculated on the basis of the insurance premiums to be paid and any other forms of remuneration related to the services That. + Article 23 In the case of public service contracts having as object banking or other financial services, the estimated value of the purchase is calculated on the basis of fees, commissions to be paid, interest and any other forms of remuneration for those services. + Article 24 In the case of public service contracts with the object of design services, the estimated value of the purchase shall be calculated on the basis of the fees, commissions to be paid and any other forms of remuneration those services. + Article 25 In the case of public service contracts that do not provide a total price, the estimated value of the purchase is calculated according to the duration of the contract, as follows: a) in the case of public procurement contracts concluded for a fixed term of less than or equal to 48 months, the estimated value shall be the total value of the contract for the entire duration thereof; b) in the case of public procurement contracts concluded for an indefinite period or for a fixed duration of more than 48 months, the estimated value shall be calculated by multiplying by 48 the monthly value of the contract. + Section 5-a Exemptions + Paragraph 1 Contracts in the water, energy, transport and postal services sectors + Article 26 ((. This Law shall not apply to: a) sectoral procurement contracts, sectoral framework agreements and sectoral solution contests awarded or organized by contracting authorities that have the obligation to apply the provisions of the law on sectoral procurement; b) sectoral procurement contracts, sectoral framework agreements and sectoral solution contests excluded from the application of the provisions of the law on sectoral procurement. (2) This law does not apply to public procurement contracts, framework agreements and solutions of solutions awarded or organized by a contracting authority providing postal services within the meaning of the provisions of the procurement law sectoral for the following activities: a) value added services in relation to electronic mail, provided in full by electronic means, including secure transmission by electronic means of encoded documents, address management services and transmission of registered electronic mail messages; b) financial services covered by the CPV codes of between 66100000-1 and 66720000-3 and of the provisions of the law on sectoral procurement, which mainly include postal orders and transfers on the basis of postal current accounts; c) philatelic services; d) logistics services, consisting of services that combine physical delivery and/or storage with functions other than postal ones. + Paragraph 2 Specific exemptions in the field of electronic communications + Article 27 (1) This law does not apply to public procurement contracts, framework agreements and solution contests which aim to enable contracting authorities to provide or exploit public electronic communications networks or to provide to the public one or more electronic communications services. (. For the purposes of paragraph 1. (1), the notions of the public electronic communications network and electronic communications service have the meanings provided for in art. 4 4 para. ((1) pt. 9 and 10 of Government Emergency Ordinance no. 111/2011 on electronic communications, approved with amendments and additions by Law no. 140/2012 , with subsequent amendments and completions. + Paragraph 3 Public procurement contracts/awarded framework agreements and solutions for solutions organised according to international rules + Article 28 (1) The present law does not apply to public procurement contracts/framework agreements and to the solutions of solutions that the contracting authority is obliged to assign or organize according to award procedures different from those provided for in this Law, established by a legal instrument creating obligations under public international law, concluded in accordance with the Treaties, between Romania and one or more third countries or their subdivisions, organizations international, aimed at works, products or services intended for its implementation or joint exploitation of a project by the signatories. (2) The contracting authorities have the obligation to inform ANAP of the agreements provided in par. ((1) existing in their field of activity, concluded in accordance with the Treaties. (3) ANAP is required to communicate to the European Commission the information received according to par. ((2). (4) This law does not apply to public procurement contracts/framework agreements and to solutions of solutions that are awarded or organized by the contracting authority in accordance with the procurement rules established by an organization international financial institution or an international financial institution, where the procurement contracts/framework agreements or the solution contests in question are fully funded by that organisation or institution. ((5) In the case of public procurement contracts/framework agreements and solution contests co-financed for the most part by an international organisation or an international financial institution, the Parties agree on the applicable award. (6) In the case of public procurement contracts/framework agreements and design contests involving defence or security aspects and which are awarded or organised according to international rules, the provisions of art. 39. + Paragraph 4 Specific exemptions for service contracts + Article 29 (1) This law does not apply for the award of public procurement contracts/framework agreements for services that have as their object: a) the purchase or rental, by any financial means, of land, existing buildings, other immovable property or rights thereon; b) the purchase, development, production or co-production of materials for programs intended for audiovisual media services, assigned by media service providers, or contracts for broadcasting space or the provision of programs that are assigned media service providers; c) arbitration, mediation and other forms of alternative dispute resolution; d) any of the legal services provided in par. ((3); e) financial services in connection with the issuance, sale, purchase or transfer of securities or other financial instruments, within the meaning of art. 4 4 para. ((1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 ,, central bank services and operations carried out with the European Financial Stability Facility and the European Stability Mechanism; f) loans, whether or not they are related to the issue, sale, purchase or transfer of securities or other financial instruments; g) employment contracts; h) civil defence, civil protection and hazard prevention services, rendered by persons without patrimonial purpose, subject to CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3, except for ambulance services for the transport of patients; i) public passenger transport services by rail or by metro. (2) For the purposes of paragraph ((1) lit. b): a) the notions of the audiovisual media service and the media service provider have the meanings set out in art. 1 1 para. ((1) pt. 1 1 and 12 of the Broadcasting Law no. 504/2002 , with subsequent amendments and completions; b) the concept of the programme includes programmes having the meaning art. 1 1 para. ((1) pt. 4 4 of Law no. 504/2002 , with subsequent amendments and completions, included in a television program service, as well as programs included in a service of broadcasting programs and program materials, and the material notion for programs has the same meaning with the concept program. (3) Legal services covered by par. ((1) lit. d) are the following: a) assistance and representation of a client by a lawyer within the meaning of the Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, as amended, within the framework of an arbitration or mediation procedure or of another form of alternative resolution of disputes held before a court or another national arbitration or mediation body or alternative dispute resolution in another form in Romania or in another state or before an international arbitration or mediation court or alternative dispute resolution in another form; b) assistance and representation of a client by a lawyer within the meaning of Law no. 51/1995 , republished, as amended, in judicial proceedings before the courts or national public authorities in Romania or from another state or before the courts or international institutions; c) legal assistance and advice granted by a lawyer, anticipated or in order to prepare any of the procedures provided in lett. a) and b) or where there are concrete indications and a high probability that the case in relation to which legal assistance and advice is provided is subject to such procedures; d) certification and authentication services of documents that are provided by public notaries according to the legal provisions; e) legal services provided by fiduciaries or seizure managers or other legal services provided by entities designated by a national court or which are designated according to the legal provisions to perform tasks specific under the supervision and control of courts; f) services provided by bailiffs. + Paragraph 5 Service contracts awarded on the basis of an exclusive right + Article 30 This law does not apply for the award of public procurement contracts/service framework agreements by a contracting authority to another contracting authority/contracting entities defined by the law on sectoral procurement or an association of contracting authorities/contracting entities, on the basis of an exclusive right to which they benefit for the provision of those services under laws, regulations or administrative provisions of a regulatory nature, to the extent in which they are compatible with the TFEU. + Paragraph 6 Public procurement contracts/framework agreements between public sector entities + Article 31 ((1) This Law shall not apply to public procurement contracts/framework agreements awarded by a contracting authority to a legal person governed by private law or public law where the following conditions are cumulatively met: a) the contracting authority shall exercise over the legal person concerned a control similar to that which it exercises over its own departments or services; b) more than 80% of the activities of the controlled legal person are carried out in order to carry out the tasks entrusted to it by the contracting authority controlling it or by other legal persons controlled by that contracting authority; c) there is no direct private participation in the capital of the controlled legal entity, except for forms of participation of private capital that do not provide control or veto, but whose existence is necessary according to the legal provisions, in accordance with the Treaties, and which does not exert a determining influence on the controlled legal person. (2) For the purposes of paragraph ((1) lit. a), it is considered that a contracting authority exercises over a legal person a control similar to that which it exercises over its own departments or services when exercising a determining influence on both the objectives strategic, as well as on the important decisions of the controlled legal person; such control can also be exercised by another legal person, itself controlled in the same way by the contracting authority. (3) The exception to the application of the present law provided in par. ((1) shall also apply where a controlled legal person who has the status of contracting authority awards a contract to the contracting authority which controls it or another legal person controlled by the same contracting authority, with the condition that there is no direct private participation in the capital of the legal person to whom the contract is awarded, with the exception of forms of participation of private capital that do not provide control or veto, but whose existence is necessary according to the legal provisions, according to the Treaties, and which does not exercise a determining influence on the controlled legal person. (4) This law does not apply to public procurement contracts/framework agreements awarded to a legal person governed by private law or public law by a contracting authority that does not exercise over that legal person a control in meaning of paragraph ((1) where the following conditions are met cumulatively: a) the contracting authority shall exercise jointly with other contracting authorities on the legal person concerned a control similar to that which it exercises over its own departments or services; b) more than 80% of the activities of that legal person are carried out in order to carry out the tasks entrusted to it by the contracting authorities who control it or by other legal persons controlled by the same contracting authorities; c) there is no direct private participation in the capital of the controlled legal entity, except for forms of participation of private capital that do not provide control or veto, but whose existence is necessary according to the legal provisions, in accordance with the Treaties, and which does not exert a determining influence on the controlled legal person. (5) For the purposes of paragraph ((4) lit. a) the contracting authorities shall exercise control over a legal person if the following conditions are met: a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities, the same person having the right to represent several or all participating contracting authorities; b) the contracting authorities are in a position to exercise a decisive influence on the strategic objectives and important decisions of the controlled legal person; c) the controlled legal person does not pursue interests contrary to those of the controlling contracting authorities. ((. This Law shall not apply to contracts concluded exclusively between two or more contracting authorities where the following conditions are met: a) the contract establishes or implements cooperation between the participating contracting authorities, with the aim of ensuring that public services whose achievement must be ensured are provided for the fulfilment of common objectives; b) the implementation of the cooperation is based solely on considerations of public interest; c) the participating contracting authorities shall carry out on the free market less than 20% of the activities concerned. (7) The percentages provided in par. ((1) lit. b), para. ((4) lit. b) and in par. ((6) lit. c) are established on the basis of the average total turnover or an appropriate alternative indicator based on the work carried out, such as the costs incurred by the legal person or the contracting authority, as the case may be, in relation to the services, products and works from the last 3 years prior to the contract award. (8) If, in the situation referred to in par. ((7), because of the date on which the legal person or contracting authority, as the case may be, was established or started its activity or as a result of the reorganization of its activities, the turnover or another corresponding alternative indicator based on the work carried out, such as costs, is not available for the last 3 years or is no longer relevant, the percentages referred to in par. ((1) lit. b), para. ((4) lit. b) and in par. ((6) lit. c) can be established by using estimative methods, in particular by using business forecasts. + Paragraph 7 Other exceptions + Article 32 (1) This law does not apply to legal acts, other than public procurement contracts/framework agreements, concluded by a person who has the status of contracting authority according to this law, such as granting reimbursable financing or non-refundable to natural or legal persons under the conditions of special legislation or constitution together with natural or legal persons of companies or associations without legal personality in accordance with the provisions Law no. 287/2009 on the Civil Code, republished, as amended. ((2) If, regardless of the name or form used, the legal acts concluded by persons who have the status of contracting authority according to this law represent public procurement contracts/framework agreements, the provisions this law. + Article 33 (1) This law does not apply for the award of public procurement contracts for the structures of contracting authorities operating in the territory of other states when the value of the contract is less than the value thresholds provided for to art. 7. (2) For the award of public procurement contracts that fall under the provisions of par. ((1) and whose estimated value is higher than that provided for in art. 7 7 para. ((5), the contracting authority shall develop its own rules ensuring the application of the principles laid down in 2 2 para. ((2) of this Law. + Section 6 Mixed purchases + Article 34 (1) In the case of mixed contracts which have as their object both acquisitions for which the provisions of the present law apply, and purchases for which the provisions of other normative acts apply, and the different parts of a particular mixed contract are in way separable objective, the contracting authority has the right to choose between awarding separate contracts for the separate parts and to assign a single contract. ((. Where, pursuant to paragraph 1, ((1), the contracting authority chooses to award separate contracts for the separate parts, the legal regime and the normative act that apply to the attribution of each of these distinct contracts are those determined according to the characteristics of each party contemplated. ((3) Where, pursuant to paragraph 1, ((1), the contracting authority shall choose to award a single contract, unless the provisions of art. 38, the award of the mixed contract is carried out according to the provisions of this law, regardless of the value of the parties that, if contained in separate contracts, would be subject to another normative act and regardless of the normative act that would apply The Parties (4) In the case of mixed contracts which have as object both elements of acquisition of products, works or services, and of concessions, the provisions of this law shall apply to the award of the contract exclusively in situations where the estimated value of parties/parties in the contract representing public procurement, calculated according to the provisions of art. 9-25 9-25, shall be equal to or exceed the corresponding value thresholds provided for in art. 7 7 para. ((1). (5) By exception to the provisions of par. (3), the award of mixed contracts that have as object both acquisitions for which the provisions of this law apply, and purchases made for the purpose of carrying out an activity subject to the provisions of the law on sectoral procurement shall be carried out according to the provisions of the (6) In the case of mixed contracts which have as their object both acquisitions for which the provisions of the present law apply, and purchases for which the provisions of other normative acts apply, and the different parts of a particular contract are not separable objective, the contract is awarded according to the normative act applicable according to its main object. + Article 35 ((1) Contracts having as object at least two types of public procurement, consisting of works, services or products, for which the award applies the provisions of this law shall be awarded in accordance with the provisions of this applicable law for the type of purchase constituting the main object of the contract in question (2) In the case of mixed contracts which have as their object both social services and other specific services, set out in Annex no. 2, as well as other services, as well as in the case of mixed contracts that have as their object both services and products, the main object is determined according to the highest of the estimated values of the respective services or products. + Section 7 Special situations + Paragraph 1 Research and development services + Article 36 This law applies to public service contracts which have as their object the provision of research and development services covered by CPV codes between 73000000-2 and 73120000-9, 73300000-5, 73420000-2 or 73430000-5, only if the following conditions are met cumulatively: a) the results are intended exclusively for the contracting authority for its own use in the exercise of its own activity; and b) the service provided is paid in full by the contracting authority. + Paragraph 2 Defence and security + Article 37 (1) This law applies to public procurement contracts/framework agreements awarded and to the contests of solutions organized in the fields of defence and national security, except those for which the provisions apply Government Emergency Ordinance no. 114/2011 on the award of certain public contracts in the fields of defence and security, approved with amendments and additions by Law no. 195/2012 ,, and those for which the provisions do not apply Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , according to art. 21 21, 22 or art. 56 of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . (2) The present law does not apply to public procurement contracts/framework agreements awarded and to the competitions of solutions organized in the fields of national defence and security that are not exempted under par. (1), insofar as the protection of the essential security interests of the State cannot be guaranteed only by less invasive measures, such as the imposition of requirements in order to protect the confidential nature of the information that the contracting authority provides them in the framework of an award procedure according to the provisions of this Law. (3) This law does not apply to public procurement contracts/framework agreements awarded and to the contests of solutions organized in the fields of national defence and security that are not exempted under par. (1), in so far as the application of this law would oblige the contracting authority to provide information whose disclosure is contrary to the essential interests of national security according to art. 346 346 para. ((1) lit. a) of the TFEU. ((4) The present law shall not apply to public procurement contracts/framework agreements or to the solutions of solutions in relation to which at least one of the following conditions is fulfilled: a) the award and execution of the public procurement contract/framework agreement or the contest of solutions represent state secret information, in accordance with the legal provisions on the protection of classified information; b) the award and execution of the public procurement contract/framework agreement or the contest of solutions requires the imposition, according to the legal provisions, of special security measures to protect some essential security interests of the state, provided that they cannot be guaranteed by less invasive measures, such as the requirements laid down in par. ((2). + Paragraph 3 Mixed procurement involving defence or security aspects + Article 38 (1) In the case of mixed contracts which have as their object both purchases for which the provisions of this law apply, and purchases for which the provisions apply Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, or other normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , in connection with the situations provided in art. 346 of the TFEU, and the different parts of a given mixed contract are objectively separable, the contracting authority has the right to choose between awarding separate contracts for the separate parts and to assign a single contract. ((. Where, pursuant to paragraph 1, ((1), the contracting authority chooses to award separate contracts for the separate parts, the legal regime applicable to the award of each of these separate contracts is the one determined according to the characteristics of each party held in the Sight. ((3) Where, pursuant to paragraph 1, ((1), the contracting authority chooses to award a single contract, in order to establish the legal regime applicable to the award of that contract, the following criteria a) when a part of the contract is subject to normative acts issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , in connection with the situations provided in art. 346 of the TFEU, the contract may be awarded without application of the provisions of this Law, provided that the award of a single contract is justified by objective reasons; b) where part of the contract is subject to the provisions of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , the contract may be awarded in accordance with the provisions Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, provided that the award of a single contract is justified by objective reasons. (4) Provisions of para. ((3) lit. b) are without prejudice to the thresholds and exceptions provided for in Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . ((5) Where, in connection with a given contract, the provisions of paragraph 1 are applicable. ((3) lit. a), as well as par. ((3) lit. b), the provisions of par. ((3) lit. a). (6) The decision to award a single contract cannot be taken by the contracting authority under par. ((1) for the purpose of exempting contracts from the application of the provisions of this Law or of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . (7) In the case of mixed contracts which have as their object both purchases for which the provisions of the present law apply, and purchases for which the provisions apply Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, or other normative acts issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , in connection with the situations provided in art. 346 of the TFEU, and the various parts of a particular mixed contract are not objectively separable, the contract may be awarded in accordance with the provisions of the normative acts issued under art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, if it includes elements in relation to the situations provided in art. 346 346 of the TFEU, or in accordance with the provisions Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , otherwise. + Paragraph 4 Public procurement contracts/framework agreements and design contests involving defence or security aspects, awarded or organised according to international rules + Article 39 (1) This law does not apply to public procurement contracts/framework agreements and solutions for solutions involving defence or national security aspects and which the contracting authority is obliged to assign or organise. according to award procedures different from those provided for in this law, set out in one of the following ways: a) through an international agreement or agreement, concluded in accordance with the Treaties, between Romania and one or more third countries or their subdivisions, aimed at works, products or services intended for the implementation or exploitation in the joint of a project by the signatories; b) by agreement or international arrangement relating to the stationing of troops and targeting economic operators of a Member State or of a third country; c) by an international organization. (2) The contracting authorities have the obligation to inform ANAP of the agreements provided in par. ((1) lit. a) existing in their field of activity. (3) ANAP is required to communicate to the European Commission the information received according to par. ((2). (4) This law does not apply to public procurement contracts/framework agreements and solutions for solutions involving defence or national security aspects and which are assigned or organised by the contracting authority in accordance with the the procurement rules established by an international organisation or an international financial institution, where the procurement contracts/framework agreements or the solution contests in question are fully funded by the the organisation or institution concerned. ((5) In the case of public procurement contracts/framework agreements and solution contests involving defence or security aspects co-financed mostly by an international organisation or an international financial institution, the parties agree on the applicable award procedures. + Section 8 Centralised purchasing activities and occasional joint procurement + Paragraph 1 Centralised purchasing activities + Article 40 Establishment of centralised purchasing units and situations and conditions under which contracting authorities acquire products or services from centralised purchasing units which provide the centralised purchasing activities as well as in which centralised purchasing units which provide the centralised purchasing activities award public procurement contracts/conclude framework agreements for works, products or services intended for other contracting authorities, shall be established by Government decision. + Article 41 (. The contracting authority shall not apply the provisions of this law for purchases which meet one of the following conditions: a) have as their object products or services purchased from a centralized purchasing unit that provides the centralized acquisition activities; b) have as their object works, products or services purchased under contracts awarded by a centralized purchasing unit that provides the centralized acquisition activities; c) have as their object works, products or services whose acquisition is carried out through the use of a dynamic purchasing system managed by a centralized purchasing unit that provides the centralized acquisition activities; d) have as their object works, products or services acquired through a framework agreement concluded by a centralised purchasing unit which provides the centralised purchasing activities, insofar as the identity of the contracting authority has been provided for in the notice of participation published in the framework of the procedure for the award of the framework agreement organized by the centralised purchasing unit. (2) In the case provided in par. ((1), the contracting authority has the obligation to apply the provisions of this law only in respect of the activities it carries out itself, such as: a) the award of a contract within a dynamic purchasing system which is managed by a centralised purchasing unit; b) the conclusion of a subsequent contract by resuming the competition in the execution of a framework agreement concluded by a centralized procurement unit; c) establishment, in accordance with the provisions of art. 118 118 para. ((1) lit. a) and c), of the economic operators part of the framework agreement fulfilling a certain activity in the execution of a framework agreement concluded by a centralised purchasing unit. + Article 42 All award procedures organized by a centralized procurement unit shall be carried out by electronic means of communication, in accordance with the provisions of art. 64 64-66 and the methodological norms for the application of this law. + Article 43 (1) The contracting authority is not required to apply the award procedures regulated by this law when, under the conditions established by the Government's decision provided for in art. 40 40, assigns to a centralized procurement unit a public service procurement contract having as its object the provision of centralized procurement activities. (2) Public procurement contracts provided in par. ((1) may also include the provision of ancillary acquisition activities. (3) The award of public service contracts on the provision of ancillary acquisition activities other than by a centralised purchasing unit according to par. (2) is carried out by the application of the award procedures regulated by this law in the case of public service procurement contracts. (4) The provisions of this Law are not applicable where a centralised purchasing unit provides centralised purchasing activities or a procurement service provider provides ancillary acquisition activities for a contracting authority other than under a public procurement contract. + Paragraph 2 Occasional joint procurement + Article 44 (. Two or more contracting authorities may agree to jointly carry out certain specific acquisitions. ((. Where a public procurement procedure is organised entirely jointly, on behalf of and on behalf of all the contracting authorities referred to in paragraph 1. ((1), they are jointly responsible for fulfilling their obligations under this law. ((3) Provisions of para. ((2) shall apply accordingly where a single contracting authority organises the award procedure, acting both on its own behalf and on behalf of and on behalf of the other contracting authorities referred to in paragraph 1. ((1). ((. Where a public procurement procedure is not wholly organised on behalf of and on behalf of the contracting authorities referred to in paragraph 1. (1), they are jointly and severally responsible for the activities carried out jointly. (5) In the case provided in par. ((4), each contracting authority is individually responsible for fulfilling its obligations under this law in respect of the activities it performs in its own name. + Section 9 Procurement involving contracting authorities from other Member States + Article 45 ((. Without prejudice to the provisions of art. 31 31, national contracting authorities may act jointly with contracting authorities of other Member States for the award of public procurement contracts in accordance with the provisions of art. 46-48. (. National contracting authorities shall not use the means and instruments covered by the provisions of art. 46 46-48 in order to avoid the application of national mandatory rules of public law which, in accordance with the law of the European Union, apply to their status or activities. + Article 46 (. National contracting authorities shall have the right to use centralised purchasing activities provided by a centralised purchasing unit from another Member State. ((. The provision of centralised purchasing activities by a centralised purchasing unit from another Member State shall be carried out in accordance with the provisions of the national law of the Member State in which the procurement unit is situated. centralized. ((. The provisions of the national law of the Member State in which the centralised purchasing unit is situated shall also apply to: a) the award of a contract within a dynamic purchasing system; b) the conclusion of a subsequent contract by resuming the competition in the execution of a framework agreement; c) establishment, in accordance with the provisions of art. 118 118 para. ((1) lit. a) and c), of economic operators part of the framework agreement fulfilling a certain activity. (. The national contracting authorities may, together with contracting authorities from other Member States, jointly award a public procurement contract, conclude a framework agreement or manage a dynamic purchasing system, as well as, the extent to which the identity of the contracting authorities was provided for in the contract notice published in the framework of the framework agreement procedure, to conclude contracts in the execution of the framework agreement or within the dynamic system of acquisitions. (5) In the case provided in par. ((4) and unless the necessary elements are established by an international agreement concluded between Romania and the Member State concerned, the participating contracting authorities shall conclude an agreement establishing: a) the responsibilities of the parties and the applicable national provisions; b) aspects of internal organization of the award procedure, including the organization of the procedure, the distribution of works, products or services to be purchased and the conclusion of contracts. + Article 47 (1) The contracting authority participating in a purchase made in accordance with the provisions of art. 46 46 para. (4) is not required to apply the provisions of this law when purchasing works, products or services that are the subject of the procurement from the contracting authority responsible for the organization of the award procedure. (. The contracting authorities participating in a purchase made in accordance with the provisions of art. 46 46 para. (4) may, according to the provisions of art. 46 46 para. ((5) lit. a) the distribution of specific responsibilities between them and may agree on the application of national domestic law to any of the Member States where the participating contracting authorities are situated. ((. The way of distribution of responsibilities and the applicable national law shall be indicated in the award documentation for public procurement contracts awarded jointly in accordance with the provisions of art. 46 46 para. ((4). + Article 48 ((1) Where several contracting authorities in Romania and other Member States have established a common entity, including a European grouping of territorial cooperation under Regulation (EC) No 1.082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) or another entity under European Union law, the participating contracting authorities agree, by decision of the body competent of the common entity, on the application of the provisions of national law on public procurement of one of the following Member States: a) the Member State where the joint entity is established; b) the Member State in which the Joint Entity operates (2) The agreement provided in par. ((1) may produce effects for an indefinite period, when incorporated into the constituent act of the common entity, or may be limited to a fixed period, certain types of contracts or one or more contract awards individual. + Chapter II General rules for the participation and conduct of award procedures + Section 1 Economic operators + Article 49 Contracting authorities are required to give economic operators equal and non-discriminatory treatment and to act in a transparent and proportionate manner. + Article 50 (1) The contracting authorities shall not design or structure their purchases or elements with the purpose of exempting them from the application of the provisions of this law or of the artificial restriction of competition. (2) For the purposes of paragraph ((1), it is considered that there is an artificial restriction of competition where the acquisition or elements of it are designed or structured in order to favour or unduly disadvantage certain economic operators. + Article 51 (1) The contracting authority specifies in the award documentation the mandatory regulations in the fields of environment, social and labor relations, established by the legislation adopted at the level of the European Union, national legislation, through agreements collective or through international agreements, conventions and agreements in these areas, which must be respected during the execution of the public procurement contract or indicate the competent institutions from which economic operators may obtain detailed information on the respective regulations. (2) In the case provided in par. (1), the contracting authority also has the obligation to require economic operators to indicate in the tender that it has taken into account the relevant obligations in the fields of the environment, social and labour relations. + Article 52 (1) Economic operators who, according to the law of the State in which they are established, have the right to perform a certain activity included in the object of the acquisition cannot be rejected only on the grounds that, under the law of the Member State in which they award the contract, are required to be individuals or legal entities. ((2) In the case of public service contracts, public works contracts and public procurement contracts of products which also include services or works or installation and installation operations, the authority contracting may oblige legal persons or other entities constituted in another form of organization provided by the legal provisions to indicate, within the tenders or requests for participation, the relevant professional names and qualifications of the the natural persons responsible for the performance of the contract + Article 53 Any economic operator shall have the right to participate in the award procedure as tenderer or candidate, individually or jointly with other economic operators, including in forms of temporary association constituted for the purpose of participating in the procedure award, proposed subcontractor or third party supporter, under the conditions provided by this law. + Article 54 (1) The contracting authority shall not have the right to require economic operators who participate jointly in the award procedure to adopt or constitute a certain legal form for the submission of an offer or a request for participation. (. The contracting authority shall have the right to require the participating economic operators to participate in the award procedure whose tender has been designated as a winner to adopt or to constitute a certain legal form, provided that this have been provided for in the contract notice and the award documentation and in so far as such modification is necessary for the proper execution of the public procurement contract. (3) The contracting authority has the right to determine by award documentation, where necessary and justified for objective reasons, how economic operators are to meet the requirements relating to economic capacity and financial and technical and professional capacity in the event of joint participation in the award procedure, in compliance with the principle of proportionality. (4) The contracting authority has the right to establish by the award documentation certain specific conditions for the performance of the public procurement contract/framework agreement where economic operators participate jointly in the award, different from those applicable to individual tenderers, justified by objective reasons and in compliance with the principle of proportionality. (5) By the methodological norms for the application of this law, standard provisions or requirements shall be established in relation to the modalities of fulfilment by economic operators participating jointly in the procedure for the award of the requirements relating to economic and financial capacity and technical and professional capacity. + Article 55 (1) The contracting authority shall require the tenderer/candidate to specify in the tender or request to participate the part/parts of the contract that he is to subcontract and the identification data of the proposed subcontractors. (2) The proposed subcontractors must comply with the same obligations as tenderers, in the field of environment, social and labour relations, established by the legislation adopted at European Union level, national law, by collective agreements or through international treaties and agreements in these areas, provided for in the award documentation according to art. 51 51 para. ((1). + Section 2 Reserved contracts + Article 56 (. The contracting authority may reserve the right to participate in the award procedure only to protected units authorised under the Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and completions, and to the social insertion undertakings provided by Law no. 219/2015 on social economy. (2) In the notice/invitation to participate the contracting authority explicitly states this article as the legal basis of the award procedure. + Section 3 Privacy + Article 57 (1) Without prejudice to the other provisions of this law or to the legal provisions on free access to information of public interest or other normative acts governing the activity of the contracting authority, the authority the contracting authority has the obligation not to disclose the information transmitted by the economic operators indicated by them as confidential, including technical or commercial secrets and the confidential elements of the tenders. (2) Provisions of para. ((. shall not affect the obligations of the contracting authority referred to in 145 and 215 in connection with the transmission for publication of the award notice and, respectively, the communication of the outcome of the award procedure to candidates/bidders. (. The contracting authority may impose certain requirements on economic operators in order to protect the confidentiality of the information which it provides during the entire award procedure. + Section 4 Rules for avoiding conflict of interest + Article 58 During the application of the award procedure, the contracting authority is required to take all necessary measures to prevent, identify and remedy situations of conflict of interest, in order to avoid distortion of competition and insurance equal treatment for all economic operators. + Article 59 For the purposes of this law, conflict of interest shall mean any situation in which the staff members of the contracting authority or of a procurement service provider acting on behalf of the contracting authority, which are involved in the the conduct of the award procedure or which may influence the outcome thereof have, directly or indirectly, a financial, economic or other personal interest, which could be perceived as an element which compromises impartiality or independence in the context of the award procedure. + Article 60 (1) Represents situations potentially generating conflict of interest any situations that could lead to the emergence of a conflict of interest within the meaning of art. 59, such as the following, as exemplifying: a) participation in the verification/evaluation process of requests for participation/offers of persons holding social parts, parts of interest, shares of the subscribed capital of one of the bidders/candidates, third parties supporters or subcontractors proposed or of persons belonging to the board of directors/body of management or supervision of one of the bidders/candidates, third party supporters or subcontractors proposed; b) participation in the verification/evaluation process of requests for participation/offers of a person who is a spouse, relative or afin, up to the second degree inclusive, with persons belonging to the board of directors/body of management or supervision of one of the bidders/candidates, third party supporters or proposed subcontractors; c) participation in the process of verification/evaluation of requests for participation/offers of a person found or on which there are reasonable indications/concrete information that he may have, directly or indirectly, an interest personal, financial, economic or other, or is in another situation likely to affect its independence and impartiality during the assessment process; d) the situation in which the individual bidder/bidder/candidate/proposed subcontractor/third party supporter has as members within the management board/management or supervisory body and/or has shareholders or associates significant persons who are spouse, relative or affin up to and including the second degree who are in commercial relations with persons with decision-making functions within the contracting authority or the procurement service provider concerned in the award procedure; e) the situation in which the bidder/candidate has nominated among the main persons designated for the performance of the contract persons who are spouse, relative or affin up to the second degree inclusive or who are in commercial relations with persons with decision-making functions within the contracting authority or the procurement service provider involved in the award procedure. (. For the purposes of paragraph 1. ((1) lit. d), by shareholder or significant associate means the person exercising rights related to shares that, cumulated, represent at least 10% of the share capital or give the holder at least 10% of the total voting rights in general assembly. + Article 61 The successful bidder with whom the contracting authority has concluded the public procurement contract shall not have the right to engage or conclude any other arrangements regarding the provision of services, directly or indirectly, for the purpose of fulfilling the contract public procurement, with natural or legal persons who have been involved in the process of verification/evaluation of requests for participation/tenders submitted in the framework of an award procedure or employees/former employees of the contracting authority or of the procurement service provider involved in the award procedure with which the contracting authority/procurement service provider involved in the award procedure has ceased the contractual relations after the award of the public procurement contract, during a period of at least 12 months after the conclusion the contract, under penalty of termination or termination of law of that contract. + Article 62 (1) If the contracting authority identifies a situation potentially generating conflict of interest within the meaning of art. 59 59, it has the obligation to take any necessary steps to determine whether that situation represents a situation of conflict of interest and to present to the candidate/bidder in that situation an exposure of the reasons which, in the opinion of the contracting authority, are likely to lead to a conflict of interest. (2) In the case provided in par. ((1), the contracting authority shall require the candidate/tenderer to submit his point of view on that situation. ((. Where, following the application of the provisions of paragraph 1, ((1) and (2), the contracting authority determines that there is a conflict of interest, the contracting authority shall adopt the measures necessary to eliminate the circumstances that have generated the conflict of interest, having measures such as replacement persons responsible for the evaluation of tenders, where their impartiality is affected, where possible, or the removal of the tenderer/candidate in relation to persons with decision-making positions within the contracting authority. + Article 63 (1) The contracting authority shall specify in the procurement documents the names of persons with decision-making functions within the contracting authority or the procurement service provider involved in the award procedure. (2) The contracting authority shall publish by electronic means the name and identification data of the bidder/candidate/proposed subcontractor/third party supporter, within a maximum of 5 days from the expiry of the deadline for submission of requests for participation/tenders, with the exception of natural persons, where only the name is published. + Section 5-a Rules applicable to communications + Article 64 (1) Any communication, request, information, notification and the like, provided for by this law, shall be transmitted in writing, by electronic means of communication or, as an exception, by means other than electronic ones. ((2) The instruments and devices used for communication by electronic means and their technical characteristics must be non-discriminatory, generally available, must ensure interoperability with products of general use in the field of information and communication technology and do not limit the access of economic operators to the award procedure. (3) By exception to the provisions of par. ((1), verbal communication may be used for communications other than those concerning the essential elements of an award procedure, provided that the main elements of the content of the verbal communication are recorded in writing, provided that compliance with the award procedures, informing all participants. (. For the purposes of paragraph 1. ((3), the essential elements of the award procedure include the procurement documents, requests for participation and tenders. (5) The content of verbal communications with bidders that could have a significant impact on the content and evaluation of the offers shall be recorded by appropriate means, such as minutes, audio recordings or summaries of the main elements of communication. + Article 65 (1) The contracting authority has the obligation to ensure the protection of the integrity of the data, the confidentiality of tenders and requests for participation in all communication, transmission and storage of information operations. (2) The content of the offers and requests for participation, as well as that of the plans/projects in the case of solutions for solutions is confidential until the date set for their opening. (3) The contracting authority shall take note of the content of the tenders, requests for participation or plans/projects in the case of solutions for solutions only from the date set for their opening. + Article 66 (. The contracting authority shall be entitled, if necessary, to require the use of instruments and devices which are not generally available, provided that they provide alternative means of access. (. The contracting authority shall provide alternative means of adequate access if it is in one of the following situations: a) provides direct, free, complete and free access, by electronic means, to the instruments and devices provided in par. ((1) from the date of publication of the contract notice; in the contract notice, the internet address to which these instruments and devices are accessible shall be specified; b) ensure that economic operators who do not have access to the instruments and devices referred to in par. ((1) and the possibility of obtaining them within the time limits laid down, provided that the lack of access cannot be attributed to the economic operator concerned, may have access to the award procedure by using provisional devices put in place at the free online provision; c) ensure the availability of an alternative method for electronic submission of tenders. + Article 67 The methodological norms for the application of this law shall be established, with the consideration of technological progress, the following: a) the situations and conditions under which the use of communication means other than electronic means is permitted; b) the rules and requirements to be fulfilled by the devices and instruments used in connection with the transmission and receipt of tenders, requests for participation or plans/projects in the case of solution contests, including the circumstances and conditions under which the extended electronic signature may be requested or required, and the modalities for its implementation; c) the use of specific technical standards to ensure the interoperability of the instruments and devices used for electronic communication. + Chapter III Ways of awarding + Section 1 Award procedures + Paragraph 1 Application of award procedures + Article 68 The award procedures regulated by this law, applicable for the award of public procurement contracts/framework agreements or the organization of solutions of solutions with an estimated value equal to or greater than the thresholds provided in art. 7 7 para. (5), are as follows: a) the open tender; b) the restricted tender; c) competitive negotiation; d) Competitive dialogue; e) the innovation partnership; f) negotiation without prior publication; g) contest of solutions; h) the award procedure applicable to social services and other specific services; i) simplified procedure. + Article 69 (1) The contracting authority shall award the public procurement contracts/framework agreements, where the estimated value is equal to or greater than the value thresholds laid down in art. 7 7 para. (1), by applying the tendering procedures opened or tendering restricted. (2) By exception to the provisions of par. (1), the contracting authority has the right to apply the innovation partnership under the conditions laid down in art. 95-103. (3) By exception to the provisions of par. (1), the contracting authority has the right to apply competitive negotiation procedures and competitive dialogue only in the cases and conditions provided in art. 70. (4) By exception to the provisions of par. (1), the contracting authority has the right to apply the negotiated procedure without the prior publication of a contract notice exclusively in the cases and conditions provided for in art. 104. (5) By exception to the provisions of par. (1), the contracting authority has the right to organize a contest of solutions under the conditions provided in art. 3 3 para. ((1) lit. j) and art. 105-110. (6) By exception to the provisions of par. (1), the contracting authority assigns the public procurement contracts/framework agreements with the object of social services and other specific services under the conditions provided in art. 111 111 and 112. + Article 70 (. The contracting authority shall have the right to apply the competitive negotiating procedure or the competitive dialogue procedure in the case of the purchase of works, products or services, if at least one of the following criteria is met: a) the needs of the contracting authority cannot be ensured without adapting readily available solutions to the market; b) works, products or services include design solutions or innovative solutions; c) the contract cannot be awarded without prior negotiations due to specific circumstances related to nature or its complexity or to the legal and financial structure or due to the risks related to them; d) the technical specifications cannot be defined with sufficient precision by the contracting authority by reference to a standard, a European technical assessment, a common technical specification or a technical reference. (. The contracting authority shall have the right to apply the competitive negotiating procedure or the competitive dialogue procedure for the procurement of works, products or services where, following an open tender or tendering procedure restricted, only non-compliant or unacceptable offers were submitted. (3) In the case provided in par. (2), the contracting authority has the right not to publish a contract notice if it invites to the award procedure exclusively those tenderers who, under the previous open tender or restricted tendering procedure, have met the criteria qualifying and have submitted tenders in accordance with the formal requirements of the award procedure. + Paragraph 2 Open tender + Article 71 Within the framework of the open tender procedure, any economic operator shall have the right to submit the tender following the publication of a contract notice. + Article 72 The open tender shall be initiated by sending for publication a contract notice, in accordance with the provisions of art. 144 144 para. ((2) and (3), whereby the contracting authority requests economic operators to submit tenders. + Article 73 (. The open tender procedure shall be carried out in a single binding stage. (2) The contracting authority has the right to decide to organize an electronic auction final stage, in which case it has the obligation to specify this decision in the contract notice and in the award documentation. + Article 74 ((. The period between the date of transmission of the contract notice for publication in the Official Journal of the European Union and the closing date for the submission of tenders shall be at least 35 days. (2) If the contracting authority has published an announcement of intent regarding the public procurement contract to be awarded, it has the right to reduce the period provided in par. ((1) at least 15 days if the following conditions are cumulatively met: a) the notice of intent included all the information required for the contract notice, in so far as the information was available at the time of publication of the notice of intent; b) the notice of intent has been submitted for publication with a period of between 35 days and 12 months before the date of transmission of the contract notice. (3) If an emergency situation, duly demonstrated by the contracting authority, makes it impossible to comply with the period provided for in par. ((1), the contracting authority may set a reduced period for the submission of tenders, which may not be less than 15 days from the date of transmission for publication of the contract notice. (4) The contracting authority has the right to reduce by 5 days the period for the submission of tenders provided in par. (1) if it accepts the submission of tenders by electronic means, under the conditions of this law. + Article 75 The tenderer shall submit the tender drawn up in accordance with the information and requirements set out in the procurement documents, together with the documents or the single European procurement document, in accordance with the 193-197, where appropriate, demonstrating the fulfilment of the qualification criteria established by the contracting authority. + Paragraph 3 Restricted auction + Article 76 Under the restricted tendering procedure any economic operator has the right to submit a request for participation following the publication of a contract notice, following that only candidates who meet the qualification and selection criteria determined by the contracting authority to have the right to submit the tender at the later stage. + Article 77 The restricted tender shall be initiated by the transmission for publication of a contract notice, in accordance with the provisions of art. 144 144 para. ((2) and (3), by which the contracting authority requests economic operators to submit requests for participation in order to provide the information and documents for qualification and selection established by the contracting authority. + Article 78 (. The restricted tendering procedure shall be carried out in two compulsory stages: a) the stage of submission of requests for participation and selection of candidates, by applying the qualification and selection criteria; b) the stage of submission of tenders by the selected candidates during the first stage and their evaluation, by applying the award criterion and the evaluation factors. (2) At the stage provided in par. ((1) lit. a), the contracting authority has the right to limit the number of candidates who meet the qualification and selection criteria and who will be invited to submit bids in the second stage, provided that a certain minimum number of candidates are provided. (3) The contracting authority is required to indicate in the contract notice the objective and non-discriminatory criteria or rules it intends to apply, the minimum number of candidates it intends to invite to submit tenders in the second stage of the procedure and, if applicable, the maximum number. (4) The minimum number of candidates indicated in the contract notice according to the provisions of para. ((3) must be sufficient to ensure real competition and, in any event, may not be less than 5. (. When selecting candidates, the contracting authority shall only apply the selection criteria set out in the contract notice. (6) Following the completion of the stage provided in par. ((1) lit. a), the contracting authority shall simultaneously submit to all candidates selected an invitation to participate in the second stage. (7) The contracting authority has the obligation to invite in the second stage a number of candidates at least equal to the minimum number of candidates indicated in the contract notice according to the provisions of par. ((4). (8) If the number of candidates meeting the qualification and selection criteria is lower than the minimum number indicated in the contract notice according to the provisions of par. (4), the contracting authority has the right to opt between continuing the award procedure only with that candidate/those candidates who meet/meet the requested requirements and cancel the procedure, under the conditions provided in art. 213. (9) The contracting authority does not have the right to invite to stage two an economic operator who did not submit a request for participation in the first stage or did not meet the qualification and selection criteria. (10) The contracting authority has the right to decide to organize an electronic auction final stage, in which case it has the obligation to specify this decision in the contract notice and in the award documentation. + Article 79 ((1) The period between the date of transmission of the contract notice for publication in the Official Journal of the European Union and the closing date for the submission of requests for participation shall be at least 30 days. ((. The period between the date of transmission of the invitation to participate in the second stage of the award procedure and the closing date for the submission of tenders shall be at least 30 days. (3) If the contracting authority has published an announcement of intent regarding the public procurement contract/framework agreement to be awarded, it has the right to reduce the period provided for in par. ((2) at least 10 days if the following conditions are cumulatively met: a) the notice of intent included all the information required for the contract notice, in so far as the information was available at the time of publication of the notice of intent; b) the notice of intent has been submitted for publication with a period of between 35 days and 12 months before the date of transmission of the contract notice. (4) The contracting authority has the right to reduce by 5 days the period for the submission of tenders provided in par. (2) if they accept the submission of tenders by electronic means, under the conditions of this law. (5) If an emergency situation, duly demonstrated by the contracting authority, makes it impossible to comply with the periods provided in par. ((1) or (2) or that resulting from the application of paragraph 1. ((3), the contracting authority may determine: a) a reduced period for the submission of requests for participation, which may not be less than 15 days from the date of transmission for publication of the contract notice; b) a reduced period for the submission of tenders, which may not be less than 10 days from the date of transmission of the invitation to participate in the second stage of the award procedure. + Paragraph 4 Competitive negotiation + Article 80 Within the competitive negotiation procedure any economic operator has the right to submit a request for participation following the publication of a contract notice, following that only candidates who meet the qualification and selection criteria determined by the contracting authority to have the right to submit initial tenders at the later stage, on the basis of which the contracting authority will conduct negotiations in order to improve them. + Article 81 The competitive negotiation is initiated by the transmission for publication of a contract notice, in accordance with the provisions of art. 144 144 para. ((2) and (3), by which the contracting authority requests economic operators to submit requests for participation in order to provide the information and documents for qualification and selection established by the contracting authority. + Article 82 (1) The competitive negotiating procedure shall, as a rule, be carried out in two binding stages: a) the stage of submission of requests for participation and selection of candidates, by applying the qualification and selection criteria; b) the stage of submission of initial tenders by the selected candidates during the first stage and the assessment of their compliance with the minimum requirements established by the contracting authority according to 83 83 para. ((2) and the negotiations to improve the initial tenders, the submission of final tenders and their evaluation, by applying the award criterion and the assessment factors. (2) At the stage provided in par. ((1) lit. a), the contracting authority has the right to limit the number of candidates who meet the qualification and selection criteria and who will be invited to submit initial offers, provided that a minimum of 3 candidates are provided. (3) The contracting authority is required to indicate in the contract notice the objective and non-discriminatory criteria or rules it intends to apply, the minimum number of candidates it intends to invite to submit tenders the initial stage two of the procedure and, where applicable, the maximum number. (4) The minimum number of candidates indicated in the contract notice according to the provisions of para. ((3) must be sufficient to ensure a genuine competition provided that a minimum of 3 candidates are insured. (. When selecting candidates, the contracting authority shall only apply the selection criteria set out in the contract notice. (6) Following the completion of the stage provided in par. ((1) lit. a), the contracting authority shall simultaneously submit to all candidates selected an invitation to participate in the second stage. (7) The contracting authority has the obligation to invite in the second stage a number of candidates at least equal to the minimum number of candidates indicated in the contract notice according to the provisions of par. ((4). (8) If the number of candidates meeting the qualification and selection criteria is lower than the minimum number indicated in the contract notice, according to the provisions of par. (4), the contracting authority has the right to opt between continuing the award procedure only with that candidate/those candidates who meet/meet the requested requirements and cancel the procedure, under the conditions provided in art. 213. (9) The contracting authority does not have the right to invite to stage two an economic operator who did not submit a request for participation in the first stage or did not meet the qualification and selection criteria. (10) The contracting authority may award the public procurement contract/framework agreement on the basis of initial tenders, without negotiation, if it has reserved this possibility by the contract notice. (11) The contracting authority has the right to decide to organize an electronic auction final stage, in which case it has the obligation to specify this decision in the contract notice and in the award documentation. + Article 83 (. Within the award documentation the contracting authority shall define the object of the procurement by describing the needs of the contracting authority and of the characteristics required for the products, works or services to be purchased and establishes the award criterion and the evaluation factors of the tenders. (2) In the framework of the description of the elements provided in ((1), the contracting authority shall determine the minimum requirements in relation to which tenders must meet. (3) The information provided by the award documentation must be sufficiently precise to enable economic operators to determine the nature and general purpose of the procurement and, on their basis, to decide to submit a request for participation or non-participation in the award procedure. + Article 84 ((1) The period between the date of transmission of the contract notice for publication in the Official Journal of the European Union and the closing date for the submission of requests for participation shall be at least 30 days. ((. The period between the date of submission of the invitation to participate in the second stage of the award procedure and the closing date for the submission of the initial tenders shall be at least 30 days. (3) If the contracting authority has published an announcement of intent regarding the public procurement contract/framework agreement to be awarded, it has the right to reduce the period provided for in par. ((2) at least 10 days if the following conditions are cumulatively met: a) the notice of intent included all the information required for the contract notice, in so far as the information was available at the time of publication of the notice of intent; b) the notice of intent has been submitted for publication with a period of between 35 days and 12 months before the date of transmission of the contract notice. (4) The contracting authority shall have the right to reduce by 5 days the period for the submission of the initial tenders provided in (2) if they accept the submission of tenders by electronic means, under the conditions of this law. (5) If an emergency situation, duly demonstrated by the contracting authority, makes it impossible to comply with the periods provided in par. ((1) or (2) or that resulting from the application of paragraph 1. ((. the contracting authority may determine: a) a reduced period for the submission of requests for participation, which may not be less than 15 days from the date of transmission for publication of the contract notice; b) a reduced period for the submission of initial tenders, which may not be less than 10 days from the date of transmission of the invitation to participate in the second stage of the award procedure. + Article 85 (1) Except for the situation provided in art. 82 82 para. ((10), the contracting authority shall negotiate with tenderers the initial offers and all subsequent tenders submitted by them, with the exception of final tenders, in order to improve their content. (2) Minimum requirements established by the contracting authority according to art. 83 83 para. ((2), the award criterion and the assessment factors cannot be the object of the negotiations. (3) During the negotiations, the contracting authority is required to ensure compliance with the principle of equal treatment to all bidders and not to provide information in a discriminatory manner that could create one/some of the bidders an advantage in relation to others. (4) The contracting authority informs in writing all bidders whose tenders have not been eliminated from the competition according to par. ((8) and (9) in connection with any changes to the technical specifications or other documents of the procurement, except for the provisions on the minimum requirements established by the contracting authority according to art. 83 83 para. ((2), which cannot be modified. (5) Following the amendments provided in par. ((4), the contracting authority shall grant a sufficient period to tenderers for the modification of tenders and the retransmission of the amended tenders, (6) The contracting authority has the obligation not to disclose to the other participants confidential information communicated by a candidate or tenderer who participates in the negotiations, without his written consent. (7) The agreement referred to in paragraph ((6) may not be expressed in a general nature, but shall be expressed with regard to each intention to communicate certain specific information. (8) The contracting authority has the right to conduct negotiations in successive rounds in order to reduce the number of tenders to be negotiated. (9) Reducing the number of tenders according to the provisions ((8) is carried out only on the basis of the evaluation factors established by the contract notice or other document of the acquisition. (10) Application of the option provided in par. (8) must be indicated by the contracting authority in the framework of the contract notice or other document of the procurement. (11) If the contracting authority intends to conclude the negotiations, it shall inform the remaining tenderers in the competition and set a deadline for the submission of new or revised tenders which represent the final offers. (12) The contracting authority shall verify whether the final offers referred to in (11) comply with the minimum requirements established by the contracting authority according to 83 83 para. ((2) and the other requirements laid down in the award documentation, shall evaluate the final offers and award the contract on the basis of the award criterion and the assessment factors. + Paragraph 5 Competitive dialogue + Article 86 Within the competitive dialogue procedure any economic operator has the right to submit a request for participation following the publication of a contract notice, following that only candidates who meet the qualification and selection criteria established by the contracting authority have the right to participate in the dialogue stage, and the candidates remaining at the end of the dialogue stage have the right to submit final offers. + Article 87 The competitive dialogue procedure shall be initiated by the transmission for publication of a contract notice, in accordance with the provisions of art. 144 144 para. ((2) and (3), by which the contracting authority requests economic operators to submit requests for participation in order to provide the information and documents for qualification and selection established by the contracting authority. + Article 88 (1) The competitive dialogue procedure is carried out in three stages: a) the stage of submission of requests for participation and selection of candidates, by applying the qualification and selection criteria; b) the stage of dialogue with the selected candidates, in order to identify the solution/solutions able to meet the needs of the contracting authority and on the basis of which the final offers will be c) the stage of submission of final bids by the remaining candidates following the dialogue stage and their evaluation, by applying the award criterion and the evaluation factors. (2) At the stage provided in par. ((1) lit. a), the contracting authority has the right to limit the number of candidates who meet the qualification and selection criteria and who will be invited to participate in the dialogue stage, provided that a certain minimum number of candidates are provided. (3) The contracting authority is required to indicate in the contract notice the objective and non-discriminatory criteria or rules it intends to apply, the minimum number of candidates it intends to invite in the second stage of the the procedure and, if applicable, the maximum number. (4) The minimum number of candidates indicated in the contract notice according to the provisions of para. ((3) must be sufficient to ensure real competition and, in any event, may not be less than 3. (. When selecting candidates, the contracting authority shall only apply the selection criteria set out in the contract notice. (6) Following the completion of the stage provided in par. ((1) lit. a), the contracting authority shall simultaneously submit to all candidates selected an invitation to participate in the second stage. (7) The contracting authority has the obligation to invite in the second stage a number of candidates at least equal to the minimum number of candidates indicated in the contract notice according to the provisions of par. ((4). (8) If the number of candidates meeting the qualification and selection criteria is lower than the minimum number indicated in the contract notice according to the provisions of par. (4), the contracting authority has the right to opt between continuing the award procedure only with that candidate/those candidates who meet/meet the requested requirements and cancel the procedure, under the conditions provided in art. 213. (9) The contracting authority does not have the right to invite to stage two an economic operator who did not submit a request for participation in the first stage or did not meet the qualification and selection criteria. (10) Following the completion of the stage provided in par. ((1) lit. b), the contracting authority shall simultaneously transmit to all candidates remaining in competition an invitation to submit final tenders. + Article 89 The period between the date of transmission of the notice of participation for publication in the Official Journal of the European Union and the deadline for the submission of requests for participation shall be at least 30 days. + Article 90 (. The contracting authority shall determine its needs and requirements by the contract notice and shall define them in the framework of the contract notice and/or a descriptive document. (2) The contracting authority shall establish and define in the framework of the contract notice and/or the descriptive document referred to in par. ((1) the award criterion and the chosen assessment factors, as well as an indicative deadline for the conduct of the award procedure. (3) The award criteria used in the case of the competitive dialogue procedure are the best value for money or the best value for money, provided in art. 187 187 para. ((3) lit. c) and d). + Article 91 (1) The contracting authority shall carry out the dialogue stage with each candidate selected in part, in order to identify and define the best means to meet its needs. (2) Only candidates selected by the contracting authority following the completion of the stage provided in art. 88 88 para. ((1) lit. a) may participate in the dialogue stage. (3) In the framework of the dialogue the contracting authority and the selected candidates may discuss all aspects of the procurement (4) During the course of the dialogue, the contracting authority has the obligation to ensure compliance with the principle of equal treatment of all candidates and not to provide information in a discriminatory manner, which could create one/some of the candidates an advantage in relation to others. (5) The contracting authority has the obligation not to disclose to the other candidates the proposed solutions or other confidential information communicated by a candidate participating in the dialogue, without his written consent. (6) The agreement referred to in paragraph ((5) may not be expressed in a general nature, but shall be expressed with regard to each intention to communicate certain specific information. + Article 92 (1) The contracting authority has the right to conduct the dialogue in successive rounds in order to reduce the number of solutions to be discussed at the stage of the dialogue. (2) Reducing the number of solutions according to paragraph ((1) is carried out only on the basis of the evaluation factors established by the contract notice and/or the descriptive document provided for in art. 90 90 para. ((1). (3) Application of the option provided in par. (1) must be indicated by the contracting authority in the framework of the contract notice and/or the descriptive document provided for in art. 90 90 para. ((1). (. The contracting authority shall continue the dialogue until it is able to identify the solution/solutions capable of meeting its needs. (5) Having declared completed the stage of the dialogue and informed the remaining candidates in the competition, the contracting authority shall invite each of them to submit their final bids on the basis of the solution or solutions presented and specified. during the dialogue. (6) Final offers provided in par. (5) include all the elements required and necessary for the project. (7) The contracting authority has the right to request clarifications, clarifications and improvements of final tenders. (8) Clarifications, clarifications and improvements provided in par. ((7), and any additional information submitted by the tenderer may not lead to the modification of the essential elements of the award procedure, including the needs and requirements set out in the contract notice and/or the document descriptive provided in art. 90 90 para. (1), where the modification of such elements, needs and requirements is liable to distort competition or have a discriminatory effect. + Article 93 (1) The contracting authority shall evaluate the tenders received on the basis of the award criterion and the evaluation factors established by the contract notice and/or in the descriptive document provided for in art. 90 90 para. ((1). ((. At the request of the contracting authority, negotiations may be conducted with the tenderer whose final offer has been designated as presenting the best value for money following the application of the assessment factors established by the contracting authority, having as its object the confirmation of financial commitments or other terms or conditions included in the offer in order to establish the terms of the contract, provided that these negotiations do not lead to substantial changes to the essential aspects of the supply or procurement, including the needs and requirements set out in the by the contract notice or the descriptive document provided for in art. 90 90 para. ((1), and not risk distorting competition or leading to discrimination. + Article 94 The contracting authority may provide premiums or payments for participants in the dialogue under the conditions established by the procurement documents + Paragraph 6 Innovation Partnership + Article 95 Within the innovation partnership any economic operator has the right to submit a request for participation following the publication of a contract notice, following that only candidates who meet the qualification and selection criteria established by the contracting authority have the right to submit initial tenders at the later stage, on the basis of which the contracting authority will conduct negotiations in order to improve them. + Article 96 The Innovation Partnership shall be initiated by submitting a contract notice for publication, in accordance with the provisions of art. 144 144 para. ((2) and (3), by which the contracting authority requests economic operators to submit requests for participation in order to provide the information and documents for qualification and selection established by the contracting authority. + Article 97 (. The innovation partnership shall be carried out in three stages: a) the stage of submission of requests for participation and selection of candidates, by applying the qualification and selection criteria; b) the stage of submission of initial tenders by the selected candidates during the first stage and the assessment of their compliance with the requirements established by the contracting authority according to 98 98 para. ((3); c) the stage of negotiations in order to improve the initial offers, the submission of final tenders and their evaluation, by applying the award criterion and the evaluation factors. (2) At the stage provided in par. ((1) lit. a), the contracting authority has the right to limit the number of candidates who meet the qualification and selection criteria and who will be invited to submit initial offers, provided that a certain minimum number of candidates are provided. (3) The contracting authority is required to indicate in the contract notice the selection criteria and the objective and non-discriminatory rules it intends to apply for the selection of candidates, the minimum number of candidates that intends to invite them to the second stage of the procedure and, where appropriate, the maximum number. (4) The minimum number of candidates indicated in the contract notice according to the provisions of para. ((3) must be sufficient to ensure real competition and, in any event, may not be less than three. (5) When selecting candidates, the contracting authority shall only apply the qualification and selection criteria set out in the contract notice. (6) Following the completion of the stage provided in par. ((1) lit. a), the contracting authority shall simultaneously submit to all candidates selected an invitation to participate in the second stage. (7) The contracting authority has the obligation to invite in the second stage at least a number of candidates equal to the minimum number of candidates indicated in the contract notice according to the provisions of par. ((4). (8) If the number of candidates meeting the qualification and selection criteria is lower than the minimum number indicated in the contract notice according to the provisions of par. (4), the contracting authority has the right to opt between continuing the award procedure only with that candidate/those candidates who meet/meet the requested requirements and cancel the procedure, under the conditions provided in art. 213. (9) Following the completion of the stage provided in par. ((1) lit. b), the contracting authority shall simultaneously transmit to all candidates an invitation to participate in the third stage of the award procedure. + Article 98 (1) The contracting authority shall apply the innovation partnership when it identifies the need for further development and acquisition of a product, service or innovative works, which cannot be satisfied by the solutions available on the market at a certain time. (2) In the award of the award documentation the contracting authority describes the needs with regard to the innovative product, service or works which cannot be satisfied by the purchase of the products, services or works available on the market at that moment. (3) In the framework of the description of the elements provided in (. the contracting authority shall determine the minimum requirements in relation to which tenders must meet. (4) The information provided by the procurement documents must be sufficiently precise to enable economic operators to determine the nature and object of the solution requested and, on their basis, to decide to submit a request for participation or non-participation in the award procedure. (5) The contracting authority may decide to implement the innovation partnership with a single partner or with several partners carrying out separate research and development activities. (6) The award criteria used in the case of the innovation partnership are the best value for money or the best value for money, provided for in art. 187 187 para. ((3) lit. c) and d). + Article 99 The period between the date of transmission of the notice of participation for publication in the Official Journal of the European Union and the deadline for the submission of requests for participation shall be at least 30 days. + Article 100 The Innovation Partnership aims to develop a product, an innovative service or innovative works and the subsequent acquisition of the resulting products, services or works, provided that they correspond to the levels of maximum agreed performance and costs between the contracting authority and the participants. + Article 101 (1) The innovation partnership shall be carried out in successive phases, following the sequence of stages in the research and innovation process, which may include the manufacture of products, the provision of services or the completion of works. (. Within the framework of the innovation partnership, intermediate targets to be achieved by the partners and the payment of the price in the corresponding instalments shall be set. (3) Based on the objectives set according to par. ((2), the contracting authority may decide after each phase to cease its innovation partnership or, in the case of a partnership for innovation concluded with several partners, to reduce the number of partners by terminating certain contracts individual, provided that the contracting authority has mentioned in the award documentation these possibilities, as well as the conditions of their application. + Article 102 (1) In connection with the qualification and selection of candidates, the contracting authority shall establish in particular criteria related to the capacity of candidates in the field of research and development, to develop innovative solutions and to implement (2) Only candidates selected by the contracting authority following the completion of the stage provided in art. 97 97 para. ((1) lit. a) may present research and innovation projects that meet the needs identified by the contracting authority which cannot be met by existing solutions. (. In the framework of the award documentation, the contracting authority shall define the rules applicable to intellectual property rights. ((4) In the case of the innovation partnership concluded with several partners, the contracting authority has the obligation not to disclose to the other partners the proposed solutions or other confidential information communicated by a partner within the partnership, without its consent. (5) The Agreement provided in par. ((4) may not be expressed in a general nature, but shall be expressed with regard to each intention to communicate certain specific information. (6) The contracting authority shall ensure that the structure of the partnership and, in particular, the duration and value of its various phases reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for developing an innovative solution that is not available on the market. (7) The estimated value of products, services or works should not be disproportionate to the investments required for their development. + Article 103 (. The contracting authority shall negotiate with tenderers the initial offers and all subsequent tenders submitted by them, with the exception of final tenders, in order to improve their content. (2) Minimum requirements established by the contracting authority according to art. 98 98 para. ((3), the award criterion and the assessment factors cannot be the object of the negotiations. (3) During the negotiations, the contracting authority is required to ensure compliance with the principle of equal treatment to all bidders and not to provide information in a discriminatory manner that could create one/some of the bidders an advantage in relation to others. (4) The contracting authority informs in writing all bidders whose tenders have not been eliminated from the competition according to par. ((8) and (9) in connection with any changes to the technical specifications or other documents of the procurement, except for the provisions on the minimum requirements established by the contracting authority according to art. 98 98 para. ((3), which cannot be modified. (5) Following the amendments provided in par. ((4), the contracting authority shall grant a sufficient period to tenderers for the modification of tenders and the retransmission of the amended tenders, (6) The contracting authority has the obligation not to disclose to the other participants confidential information communicated by a candidate or tenderer who participates in the negotiations, without his written consent. (7) The agreement referred to in paragraph ((6) may not be expressed in a general nature, but shall be expressed with regard to each intention to communicate certain specific information. (8) The contracting authority has the right to conduct negotiations in successive rounds in order to reduce the number of tenders to be negotiated. (9) Reducing the number of tenders according to the provisions ((8) is carried out only on the basis of the evaluation factors established by the contract notice or other document of the acquisition. (10) Application of the option provided in par. (8) must be indicated by the contracting authority in the framework of the contract notice or other document of the procurement. + Paragraph 7 Negotiation without prior publication + Article 104 (1) The contracting authority has the right to apply the negotiated procedure without prior publication of a contract notice for the award of public procurement contracts/framework agreements of works, products or services in one of the the following: a) if in the framework of an open tender procedure or restricted auction organized for the purchase of the products, services or works concerned no offer/request for participation was submitted or only offers/requests were submitted non-compliant participation, provided that the initial conditions of the procurement do not substantially change and, at the request of the European Commission, a report is submitted; b) if the works, products or services can be supplied only by a certain economic operator for one of the reasons provided in par. ((2); c) as a strictly necessary measure, when the periods of application of open tender procedures, restricted tendering or competitive negotiation cannot be observed for reasons of extreme urgency, determined by unforeseeable events and which do not is due in no way to an action or inaction by the contracting authority. (2) The reasons provided in par. ((1) lit. b) are the following: a) the purpose of the acquisition is the creation or acquisition of a unique artwork or artistic performance; b) competition is lacking for technical reasons; c) protection of exclusive rights, including intellectual property rights. (3) The contracting authority may apply the negotiated procedure without prior publication of a contract notice in the case referred to in par. ((1) lit. b) only if, in connection with the reasons provided in par. ((2) lit. b) and c), there is no reasonable alternative or substitute solution, such as the use of alternative distribution channels on the territory of Romania or outside it or the acquisition of comparable works, products or services functional view, and the absence of competition or the protection of exclusive rights are not the result of an artificial restriction by the contracting authority of the parameters of the acquisition in view of the future award procedure. The technical reasons may also be generated by specific interoperability requirements which must be met to ensure the operation of the works, products or services to be purchased. (4) In the case provided in par. ((1) lit. c), the contracting authority has no right to determine the duration of the contract for a period longer than that necessary to deal with the emergency situation that determined the application of the negotiation procedure without the prior publication of a notice of participation. (. The contracting authority shall have the right to apply the negotiated procedure without prior publication of a contract notice for the award of public procurement contracts in one of the following cases: a) when the products covered by the procurement are manufactured exclusively for scientific, experimental, study or development research purposes, and the public procurement contract does not provide for the serial production of quantities of the product in to establish its commercial viability or to recover research and development costs; b) when it is necessary to purchase from the initial contractor some additional quantities of products intended for partial replacement or expansion of existing products or facilities and only if the change of the original contractor would put the contracting authority in the event of purchasing products with technical characteristics different from those already in place which would lead to incompatibility or disproportionate technical difficulties in use and maintenance; c) for products listed and purchased on a commodity market, such as agricultural products, raw materials and energy exchanges, where the regulated and supervised multilateral trading structure naturally guarantees market prices; d) for the purchase of products or services under special conditions advantageous from an economic operator who permanently ceases commercial activities or who are in a bankruptcy procedure, of preventive concordat or in a similar procedure. (6) Duration of contracts/additional documents concluded according to the provisions of par. ((5) lit. b), and the duration of the initial contracts may not exceed, as a rule, three years. (7) The contracting authority has the right to apply the negotiated procedure without prior publication of a contract notice for the award of public service contracts when, as a result of a contest of solutions, the contract public service procurement is to be awarded, in accordance with the rules set out in the respective solutions contest, to the winning competitor or to one of the winning competitors of that contest; in the latter case, the contracting authority has the obligation to submit an invitation to the negotiations the winners. (8) The contracting authority has the right to apply the negotiated procedure without prior publication of a contract notice when, after the award of a public works or service contract, the contracting authority intends to purchase new works or services and only if the following conditions are cumulatively met: a) the assignment is made to the original contractor, and the new works, namely the new services consist in the repetition of similar works or services provided for in the contract originally awarded and comply with the requirements set out in the procurement elaborated on the occasion of the initial contract b) the estimated value of the initial contract of works or services was determined by taking into account including new works or services that can be purchased later; c) in the notice of participation in the procedure applied for the award of the initial contract it was noted that the contracting authority has the right to opt for the subsequent purchase of new works, namely new services, from the operator the economic operator whose bid will be declared as the winner in that procedure; d) the negotiated procedure without prior publication of a contract notice shall be applied within a period which may not exceed 3 years after the conclusion of the initial contract. + Paragraph 8 Contest of solutions + Article 105 The solution contest can be organized in one of the following ways: a) in the framework of a procedure for the award of a public service contract; b) as a separate award procedure, with prizes or payments granted to participants. + Article 106 (1) The contest of solutions shall be initiated by the publication by the contracting authority of a competition notice requesting interested economic operators to submit projects. (2) If the contracting authority intends to award a subsequent contract of public procurement of services as a result of a negotiated procedure without prior publication according to the provisions of art. 104 104 para. ((7), the contracting authority shall indicate this in the notice of competition. (3) The contracting authority that organized a contest of solutions shall submit an announcement for publication on the results of the contest and must be able to provide proof of the date of transmission of the notice. (4) By exception to the provisions of par. ((3), should the disclosure of information on the outcome of the contest prevent the application of legal provisions, be contrary to the public interest, would prejudice the legitimate commercial interests of a public or private undertaking or could prejudice fair competition between service providers, the publication of such information is not mandatory. + Article 107 If the contracting authority intends to limit the number of participants in a solution contest, the contracting authority shall establish clear, objective and non-discriminatory qualification and selection criteria, which must shall be explicitly specified in the procurement documents. + Article 108 (1) In order to evaluate the projects presented in a solution contest, the contracting authority shall appoint a jury composed exclusively of independent individuals to the participants in the competition. ((2) If a certain professional qualification is required of the participants in the competition, at least one third of the members of the jury must hold that qualification or equivalent qualification. + Article 109 (1) The jury is autonomous in the decisions and opinions it issues. ((2) The jury has the obligation to assess, anonymously and exclusively on the basis of the criteria indicated in the competition notice, the plans and projects submitted by the candidates. ((. The anonymity shall be maintained until such time as the jury adopts a decision or makes an opinion. (4) Based on the qualitative evaluation of each project, the jury determines the ranking of the projects, as well as the observations and aspects that should be clarified, in a report signed by all the jury members. ((5) Candidates may be invited, if necessary, to answer the questions recorded in the report drawn up by the jury, in order to clarify any aspect concerning the projects. (6) The jury has the obligation to draft a full minutes of the dialogue between the members of the jury and the candidates. + Article 110 The detailed rules on the organization of the contest of solutions are established by the methodological norms for the application of the + Paragraph 9 Social services and other specific services + Article 111 (1) In case of award of a public procurement contract/framework agreement which has as its object social services and other specific services, set out in Annex no. 2, with an estimated value equal to or greater than the threshold provided for in art. 7 7 para. ((1) lit. c) the contracting authority shall: a) to make known its intention to acquire those services either by publishing a contract notice or by means of a continuously valid notice of intent; b) to publish a contract award notice. (2) Alternatively to the publication of individual award notices, the contracting authority has the right to group quarterly the award notices provided in par. ((1) lit. b), in which case the contracting authority has the obligation to submit for publication the award notices thus grouped within 30 days from the end of each quarter. ((3) Provisions of para. ((1) lit. a) does not apply if the public procurement contract/framework agreement on social services and other specific services, set out in Annex no. 2, is awarded by the negotiated procedure without prior publication, in accordance with the provisions of art. 104. (4) The award criteria used for the award of public procurement contracts/framework agreements on social services and other specific services as set out in Annex no. 2, are the best value for money or the best value for money, provided in art. 187 187 para. ((3) lit. c) and d), taking into account the quality and sustainability criteria of social services. + Article 112 (1) The contracting authority has the right to establish that the participation in the procedures for the award of public contracts having as its exclusive object the health, social and cultural services provided in art. 111 subject to CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, ranging from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8 be reserved for economic operators, such as non-profit legal entities, social enterprises and protected units, accredited as social service providers, public social service providers. (2) Economic operators to whom participation in the award procedures provided in par. ((1) must cumulatively meet the following conditions: a) the purpose for which the economic operator was established is to meet objectives in the field of public services, in connection with the provision of services provided in par. ((1); b) the profit obtained by the economic operator is reinvested in order to fulfill the purpose for which it was established; if the profit is distributed or redistributed, this is based on considerations related to the participation employees to the benefits of the economic operator c) the organization of management structures or structures that hold the economic operator performing the contract are based on the principle of employee participation within the structures that hold the economic operator or require the active participation of employees, users or other interested entities; d) the economic operator has not been awarded a contract for the services concerned by that contracting authority pursuant to this Article in the last 3 years. (3) The maximum duration of the public procurement contracts provided in par. ((1) is 3 years old. (4) In the content of the notices provided in art. 111 111 para. ((1) lit. a) published in order to award the public procurement contracts provided in par. ((1) reference is made to this Article. + Paragraph 10 Simplified procedure + Article 113 (1) The contracting authority has the right to apply the simplified procedure under the conditions provided in art. 7 7 para. ((2). (. The simplified procedure shall be initiated by the publication in the SEAP of a simplified contract notice accompanied by the related award documentation. (3) The contracting authority has the obligation to determine the period of submission of tenders according to the complexity of the public procurement contract/framework agreement and the specific requirements, so that the economic operators concerned benefit an adequate and sufficient time frame for the preparation of tenders and for the preparation of the qualification and selection documents, if requested by the procurement documents. (. The contracting authority may decide to conduct the simplified procedure: a) either at a stage; b) either in several stages involving both the selection of candidates and the negotiation and evaluation of tenders. (5) According to par. ((4) lit. a) and without prejudice to the provisions of par. ((3), the minimum period between the date of transmission of the notice of participation in the simplified procedure and the closing date for the submission of tenders shall be at least: a) 10 days, if the award of a public service contract of services or products is envisaged; b) 6 days, if the award of a public procurement contract of low complexity products is envisaged; c) 15 days, if the award of a public works contract is envisaged. (6) In the case provided in par. ((4) lit. b), if the contracting authority decides to organize a stage of negotiation of tenders, this aspect shall specify it in the simplified contract notice. (7) In the case provided in par. ((4) lit. b), the contracting authority has the obligation to submit the simplified contract notice, for publication in SEAP, at least 10 days before the deadline for submitting requests for participation. (8) In the case provided in par. ((4) lit. b), the contracting authority has the obligation to transmit simultaneously, to all selected candidates, an invitation to participate in the second stage. (9) In the second stage of the case provided in par. ((4) lit. b), the minimum period between the date of transmission of the invitation to participate and the closing date for the submission of tenders shall be at least 10 days. Where the award of a public procurement contract of low complexity products is envisaged, the minimum period shall be at least 6 days. (10) If an emergency situation, duly demonstrated by the contracting authority, makes it impossible to comply with the periods provided for in par. ((5) or para. (9), the contracting authority may establish a reduced period for the submission of requests for participation/tenders, which may not be less than 6 days from the date of transmission for publication of the contract notice, namely the transmission the invitation to participate, in case of award of a public service contract of services or products, respectively of 9 days, in the case of a public works contract. (11) If the contracting authority decides to apply for qualification and selection criteria, it may request only requirements concerning: a) reasons for exclusion, in accordance with Chapter IV, Section 6, paragraph 2; b) the ability to exercise professional activity, in accordance with art. 173 173; c) similar experience, in accordance with art. 179 lit. a) and b). ((12) In the case of application of the simplified procedure, the economic operator may invoke the support of a third party/third party for a maximum of 50% of the requirement that has been established in accordance with paragraph 1. ((11) lit. c). (13) If there are official lists of approved economic operators or ways of certifying or including them in such lists, approved by government decision for certain areas, the contracting authority has the right to use when applying the simplified procedure. + Section 2 Specific instruments and techniques for the award of public procurement contracts + Paragraph 1 Framework Agreement + Article 114 The contracting authority shall award the framework agreements by application of the appropriate procedures provided for in Article 68-112. + Article 115 (. The duration of a framework agreement may not exceed 4 years, except in exceptional cases which the contracting authority justifies thoroughly, in particular by the subject-matter of that framework agreement. ((. In the framework of the procedure for the award of the framework agreement, the contracting authority shall determine by the procurement documents that the framework agreement is concluded in one of the following ways a) with a single economic operator; b) with several economic operators. (3) The contracting authority has the obligation to establish the economic operator or, as the case may be, the economic operators who are part of that framework agreement by applying the qualification and selection criteria, the award criterion and the factors of assessment provided for in the procurement documents. + Article 116 ((. Contracts to be awarded in the execution of a framework agreement may be concluded only between the contracting authority/contracting authorities referred to in the contract notice by which the procedure for the award of the framework agreement has been initiated; and the economic operator/economic operators that are part of that agreement. ((. The terms of a contract awarded in the execution of a framework agreement may in no case make any substantial changes to the terms and conditions initially laid down in that framework agreement. + Article 117 ((. Where the framework agreement is concluded with a single economic operator, the framework agreement shall provide at least: a) the main obligations that the economic operator has assumed through the offer; b) the unit price that the economic operator has provided for in the offer and on the basis of which the price of each contract awarded subsequently will be determined. (2) The contracting authority has the obligation to award public procurement contracts to the framework agreement only in compliance with the technical and financial conditions set out in that framework agreement. ((. Each time he intends to award a public procurement contract subsequent to a framework agreement, the contracting authority may consult, in writing, the economic operator, asking it, if necessary, to complete the tender. + Article 118 ((. Where the framework agreement is concluded with several economic operators, the framework agreement shall be executed in one of the following ways: a) without resuming the competition, in accordance with the terms and conditions set out in its contents, if the framework agreement establishes all the terms and conditions governing the execution of the works, the provision of services and the provision the products constituting its object, as well as the objective conditions according to which it is established which of the economic operators party to the framework agreement will execute the works, will provide the services or supply the products; b) with the resumption of competition between economic operators who are party to the framework agreement, where the framework agreement does not establish all the terms and conditions governing the execution of works, the provision of services and the provision of products which constitutes its object; c) partially without the resumption of competition between economic operators, in accordance with lit. a), and partially with the resumption of competition, in accordance with lit. b) only if that possibility has been provided for in the award documentation drawn up in the framework of the procedure for the award of the framework agreement, where the framework agreement lays down all the terms and conditions governing the execution of the works, the provision of services and the provision of products constituting its (2) Provisions of para. ((1) lit. a) are applicable if the contracting authority has expressly stated in the award documentation drawn up in the framework of the award procedure the objective criteria according to which it is established which of the operators economic party to the framework agreement will execute the works, provide the services or provide the products that constitute its object. ((3) Provisions of para. ((1) lit. c) are applicable where the contracting authority has expressly stated in the award documentation drawn up in the framework of the procedure for the award of the framework agreement the objective criteria according to which it is established whether certain works, products or services subject to the framework agreement shall be acquired with the resumption of competition or directly, without the resumption of competition, in accordance with the terms and conditions laid down in the framework agreement, and the terms and conditions set out in the framework agreement for which the competition can be resumed. (4) Provisions of para. ((1) lit. c) apply accordingly to any lot of a framework agreement for which all the terms and conditions governing the execution of works, the provision of services and the supply of the products constituting the object of the lot have been established respectively, whether or not all the terms and conditions governing the execution of works, the provision of services and the supply of the products constituting the object of the other lots + Article 119 In the cases provided in art. 118 118 para. ((1) lit. b) and c), the contracting authority shall resume the competition on the basis of the same terms and conditions applied for the award of the framework agreement, detailed where necessary and completed if necessary with other terms and conditions set out in the documentation of the award drawn up in the framework of the procedure for the award of the framework agreement, and in compliance with a) for each contract to be awarded, the contracting authority shall consult in writing the economic operators party to the respective framework agreement which are able to execute the contract; b) the contracting authority shall establish a sufficient period for the submission of tenders for the award of the contract, taking into account specific elements such as the complexity of the object of the contract and c) the tenders shall be submitted in writing and they shall not be opened until the period laid down by the contracting authority has expired; d) the contracting authority shall award each contract to the tenderer presenting the most advantageous tender, designated by application of the award criterion and the assessment factors referred to in the award documentation drawn up in the framework the award procedure of the framework agreement. + Paragraph 2 Dynamic purchasing system + Article 120 (. The contracting authority shall have the right to use a dynamic purchasing system for purchases of current use, the characteristics of which generally available on the market satisfy the needs of the contracting authority. (2) The dynamic purchasing system is organized and operates in full as an electronic process and is open, throughout its period of validity, to any economic operator that meets the qualification and selection criteria. (3) The dynamic purchasing system may be divided into categories of products, works or services which are objectively defined, on the basis of the characteristics of the purchases to be made within the category concerned, characteristics which may be include references to the maximum allowable size of specific subsequent contracts or to a specific geographical area where specific subsequent contracts will be executed. + Article 121 (. In order to make a purchase within a dynamic purchasing system, the contracting authority shall apply the rules of the restricted tender and the specific rules set out in this paragraph. (2) All candidates who meet the qualification and selection criteria are admitted to the system, with the contracting authority not having the right to limit the number of candidates who will be admitted to the system. (3) If the contracting authority has divided the system by categories of products, works or services in accordance with the provisions of art. 120 120 para. ((3), the contracting authority shall specify the applicable qualification and selection criteria for each category. + Article 122 (. The contracting authority shall comply with the following deadlines: a) the minimum period for submitting requests for participation is 30 days from the date of transmission for publication of the contract notice; b) the minimum period for the submission of tenders is 10 days from the date of submission of the invitation to submit tenders. ((2) From the moment of transmission of the invitation to participate in the second stage of the procedure for the first specific purchase within a dynamic purchasing system no further deadlines are applied for the submission of requests for participation. (3) Provisions art. 79 79 para. ((3) and (4) on the reduction of the periods for the submission of tenders are not applicable to the dynamic purchasing system. + Article 123 All communications within a dynamic purchasing system shall be carried out exclusively by electronic means, in accordance with the provisions of art. 64 64 para. ((1) and (2), art. 65 65, art. 66 66 and the methodological norms for the application of this law. + Article 124 When awarding contracts under a dynamic purchasing system, the contracting authority shall have the following obligations: a) to publish a contract notice stating clearly that a dynamic purchasing system is used for the award of the contract/public procurement contracts; b) to indicate in the procurement documents at least the nature and estimated quantity of the purchases envisaged, as well as all the necessary information on the dynamic purchasing system, including on its operation, electronic equipment used and the modalities and technical specifications for connection; c) to indicate any division by categories of products, works or services and the characteristics that define them; d) to allow, in accordance with the provisions of art. 150, throughout the period of validity of the dynamic purchasing system, starting with the publication of the contract notice until the closure of the system, unrestricted access, directly and completely to the content of the procurement documents. + Article 125 (1) After the launch of the dynamic purchasing system and throughout its period of validity, under the conditions provided in art. 121 and 122, the contracting authority has the obligation to allow any economic operator interested in submitting a request for participation in order to be admitted to the system. (2) After receiving a request for participation, the contracting authority shall assess the candidate's fulfilment of the established qualification and selection criteria. (3) The contracting authority has the obligation to complete the assessment provided in par. (2) within 10 working days from the date of receipt of the request for participation. (4) The term provided in par. ((3) may be extended up to 15 working days in specific situations where it is justified in particular by the need to examine additional documents or otherwise verify the fulfilment of the qualification and selection criteria. (5) By exception to the provisions of par. ((3) and (4), as long as the notice of participation for the first specific acquisition within the dynamic purchasing system has not been submitted for publication, the contracting authority may extend the assessment period, provided that no invitation to tender participation in the second stage of the procedure should not be submitted during the period of evaluation thus extended. (6) The contracting authority shall indicate in the procurement documents the duration of the extension which it intends to apply. (7) The contracting authority informs economic operators of the admission to the dynamic purchasing system or, as the case may be, the rejection of the request for participation immediately after the completion of the evaluation provided in ((2), in accordance with the provisions of art. 214 214 and 215. + Article 126 (. The contracting authority shall, in accordance with the provisions of art. 151, an invitation to participate to all participants admitted within the dynamic purchasing system, in order to submit tenders for each specific purchase within the system. ((2) If the dynamic purchasing system has been divided into categories of works, products or services, the contracting authority shall transmit, in accordance with the provisions of art. 151, one invitation to participate to all participants who have been admitted under the dynamic purchasing system in the category corresponding to the specific procurement in question, in order to submit tenders for each specific purchase in the respective category. + Article 127 (1) The contracting authority shall award the public procurement contract to the tenderer presenting the most advantageous tender, designated by application of the award criterion and the assessment factors established by the contract notice published with the the launch of the dynamic purchasing system. (2) If applicable, the award criterion and the assessment factors referred to in par. ((1) may be detailed within the invitation to participate provided in art. 126. + Article 128 (1) The contracting authority shall have the right, at any time during the period of validity of the dynamic purchasing system, to request the admitted participants to submit, in accordance with the provisions of art. 193 and 194, a self-declaration renewed and updated, within 5 working days from the date of transmission of the request. (2) Provisions art. 196-198 shall apply throughout the period of validity of the dynamic purchasing system. + Article 129 (. The contracting authority shall indicate the period of validity of the dynamic purchasing system in the contract notice. (. The contracting authority shall inform the European Commission of any change in the period of validity of the dynamic purchasing system using the following standard forms: a) the form used for the contract notice to the dynamic purchasing system, if the period of validity is modified without the closure of the system; b) the form used for the award notice, if the dynamic purchasing system is closed. + Article 130 It is forbidden to charge economic operators interested or participants in the dynamic purchasing system. + Paragraph 3 Electronic auction + Article 131 (. The contracting authority may use the electronic auction in the following situations and only if the content of the procurement documents, in particular the technical specifications, can be determined precisely: a) as a final stage of the open tender procedure, restricted tendering or competitive negotiation; b) when the competition between economic operators with a framework agreement is resumed, according to the provisions of art. 118 118 para. ((1) lit. b) and c); c) to the submission of tenders in order to award a public procurement contract within the framework of a dynamic purchasing system. (2) The contracting authority has the obligation to announce the decision to hold an electronic auction in the contract notice and in the award documentation. (3) The methodological norms for the application of this law shall be established the minimum information to be included in the procurement documents in connection with the organization of an electronic auction. + Article 132 (1) The electronic auction cannot be used for the award of public procurement contracts/framework agreements for services and works which have been included in the subject of intellectual benefits, such as the design of works, as these cannot be classified by automatic evaluation methods. (2) By the methodological norms for the application of this law, the categories of contracts covered by par. ((1), for whose award the electronic auction cannot be used. + Article 133 The electronic auction shall be based on one of the following elements of tenders a) exclusively on prices, if the contract is awarded on the basis of the lowest price award criterion; b) on prices and/or on the new values of the elements of the offers indicated in the procurement documents, if the contract is awarded on the basis of the award criterion the best value for money or the lowest cost. + Article 134 (1) Before the start of the electronic auction, the contracting authority has the obligation to carry out an initial full evaluation of the tenders, in accordance with the award criterion and the evaluation factors established by the procurement documents. (2) The contracting authority has the obligation to transmit, simultaneously, by electronic means, the invitation to the electronic auction to all bidders who submitted admissible tenders. ((3) The invitation to the electronic auction must specify the date and the starting time of the electronic auction, as well as the instructions necessary for the realization of the individual connection to the electronic equipment used for participation in electronic auction. (4) The contracting authority shall not have the right to start the electronic auction earlier than two working days from the date on which the invitations to the electronic auction were submitted. (5) The electronic auction shall be conducted in one or more successive rounds. + Article 135 ((1) The invitation to the electronic auction shall be accompanied by: a) the result of the full evaluation of the offer submitted by the qualified bidder and to whom the invitation is sent, made by application of the award criterion and the evaluation factors established by the procurement documents; b) the mathematical formula to be used in the electronic auction for the automatic establishment of the new ranking, based on the new prices and/or new values presented by the bidders. ((2) Unless the most economically advantageous offer is designated by applying the criterion of the lowest price, the mathematical formula provided in par. ((1) lit. b) incorporates the weights of all evaluation factors to be applied for determining the most economically advantageous tender according to the terms of the contract notice or from the other documents of the purchase. (3) In the situation referred to in par. ((2), any value ranges shall be reduced in advance to determined values. (. Where alternative offers are permitted, a separate formula shall be provided for each alternative offer. + Article 136 (. During each round of the electronic auction, the contracting authority shall be required to communicate instantly to all tenderers at least the information that is sufficient for them to determine, at any time, the position he occupies in the ranking. (. The contracting authority shall have the right to communicate and other information on: a) number of participants in the respective round of electronic auction; b) the new prices or values presented in the respective round by other bidders, only if this was provided in the procurement documents. (3) During the course of the rounds of the electronic auction, the contracting authority cannot disclose, in any situation, the identity of the bidders. + Article 137 (. The contracting authority shall complete the electronic auction by one of the following ways or by a combination thereof: a) on the date and time indicated above; b) if no new prices and/or new values are received that meet the minimum differences requirements, provided that a deadline has been specified that will be allowed to run from the receipt of the last offer until the electronic auction is completed; c) when the number of bidding rounds indicated in advance has been exhausted. (2) If the contracting authority intends to complete the electronic auction in the manner provided in par. ((1) lit. a), lit. c) or in the manner provided in par. ((1) lit. c) in combination with the modality provided in par. ((1) lit. b), in the invitation to participate in the electronic auction, the calendar of each bidding round is indicated. + Article 138 The contracting authority shall award the public procurement contract by applying the award criterion and the assessment factors established by the procurement documents, based on the result obtained from the completion of the electronic auction. + Chapter IV Organisation and conduct of the award procedure + Section 1 Market consultation + Article 139 (1) Prior to the initiation of the award procedure, the contracting authority shall have the right to hold market consultations in order to prepare the procurement, by reference to the subject matter of the public procurement contract, and to inform the operators economic means of the acquisition plans and the requirements contemplated in relation to them, making this known by means of SEAP, as well as by any other means. (2) During the consultations provided in par. (1), the contracting authority shall have the right to invite independent experts, public authorities or economic operators, including their representative organisations. (3) The contracting authority has the right to use or implement the opinions, suggestions or recommendations received during the consultations provided in par. ((1) for the preparation of the acquisition and for the organization and conduct of the award procedure, provided that the use or implementation of these opinions, suggestions or recommendations does not have the effect of distortion of competition and/or violation principles of nondiscrimination and transparency. (4) The modalities, conditions and procedure of organization and conduct of consultations provided in par. (1) shall be established by the methodological norms for the application of this law. + Article 140 (1) Where a candidate/tenderer or an entity with links to a candidate/tenderer has offered opinions, suggestions or recommendations to the contracting authority in connection with the preparation of the award procedure, within the framework of the consultations provided for to art. 139 139 or in any other way, including as part of consulting services, or otherwise participated in the preparation of the award procedure, the contracting authority shall take all necessary measures to ensure that the participation of that the candidate/tenderer of the award procedure is not liable to distort competition. (2) The measures provided in par. (1) may include, among other things, the communication to the other candidates/tenderers of the relevant information that have been transmitted in the context of the candidate/tenderer's participation in the preparation of the award procedure or participation and establishment of appropriate deadlines for the submission of tenders. (3) Before any such exclusion, candidates or tenderers must have the opportunity to demonstrate that their involvement in the preparation of the procurement procedure cannot distort competition. + Section 2 Division by lots + Article 141 (1) The contracting authority has the right to resort to the award of public procurement contracts and framework agreements and, in this case, to determine the size and object of the lots, provided that such information is included in the procurement documents. (2) For the purposes of paragraph (1), the contracting authority will be the subject of each lot, on a quantitative basis, adapting the size of individual contracts so as to better meet the capacity of small and medium-sized enterprises, or on a qualitative basis, in accordance with with the various trades and specialisations involved, to adapt the content of individual contracts more closely to the specialised sectors of SMEs or in line with the different subsequent phases of the project. (3) If the contracting authority does not resort to the award of the contract by lots, it has the obligation to justify the decision not to award the contract by lots. (4) In the case provided in par. ((1), the contracting authority shall specify in the contract notice whether the tenders may be submitted for one, for more or for all lots. (. The contracting authority shall be entitled, even if tenders may be submitted for several or all lots, to limit the number of lots which may be awarded to the same tenderer. (6) In the situation referred to in par. ((5), the contracting authority shall specify in the contract notice the maximum number of lots which may be awarded to a tenderer. (7) The contracting authority has the obligation to indicate in the procurement documents the objective and non-discriminatory criteria and rules that will apply for the establishment of the lots to be awarded to the same bidder, if following the application of the award criterion and the assessment factors would result in the award to a tenderer of a number of lots higher than the maximum number allowed. (8) Where the same tenderer may be awarded several lots, the contracting authority shall have the right to decide the award of the contract/contracts by bringing together several lots or lots and assigning them to the same bidder, if it has stated in the notice of participation that it reserves the right to do so and has indicated the lots or groups of lots that may be brought together. (9) Where the same tenderer may be awarded several lots, the contracting authority shall carry out a comparative evaluation of the tenders, in order to determine whether the tenders submitted by a tenderer for a certain combination of lots taken in assembly would receive a higher score by applying the award criterion and the evaluation factors set out in the award documentation by reference to the respective lots compared to the total score obtained by the offers for the individual lots concerned taken separately. (10) The contracting authority shall conduct the comparative assessment referred to in paragraph ((9) by first establishing the scores of tenders for each individual lot by applying the award criterion and the evaluation factors set out in the award documentation and, then, by comparing the total score thus obtained with the score awarded to the tenders submitted by a tenderer for the combination of that batches as a whole. + Section 3 Advertising and transparency rules + Article 142 The contracting authority has the obligation to ensure the transparency of the procedure for the award of public procurement contracts/framework agreements by publishing, in accordance with the provisions of this law, notices of intent, notices of participation and award notices. + Article 143 (1) The contracting authority may make known its intentions with regard to the planned procurement by publishing a notice of intent. ((. The notice of intent shall be published in the Official Journal of the European Union and at national level, in accordance with the provisions of art. 146-148. + Article 144 (. The contracting authority shall be required to submit for publication a contract notice when: a) initiate the open tender procedure, restricted tender, competitive dialogue or competitive negotiation or a partnership for innovation, for the award of public procurement contracts/framework agreements; b) launches a dynamic purchasing system; c) organize a contest of solutions; d) initiate the procedure for the award of public procurement contracts/framework agreements for social services and other specific services, set out in Annex no. 2 2, unless a valid notice of intent has been published on a continuous basis. ((. The publication of the notice of participation in the Official Journal of the European Union shall be binding in all situations where the estimated value of the contract for the purchase of the public contract (s) is greater than or equal to the value thresholds laid down in the art. 7 7 para. ((1). ((3) The contract notice shall be published in the Official Journal of the European Union and at national level, in accordance with the provisions of art. 146-148. + Article 145 (1) The contracting authority has the obligation to submit for publication an award notice within 30 days from the date: a) the conclusion of the public procurement contract/framework agreement following the completion of the award procedure; b) completion of a contest of solutions by establishing the winning competitor; c) the award of a public procurement contract through a dynamic purchasing system; d) closure of a dynamic purchasing system. (2) In the case of public procurement contracts concluded in the execution of the framework agreements, the contracting authority groups the award notices on a quarterly basis and has the obligation to submit for publication the award notices thus grouped within days after the end of each quarter. (3) In the case of public procurement contracts/framework agreements awarded by a dynamic purchasing system, the contracting authority has the right to group the award notices on a quarterly basis and has the obligation to submit notices for publication of the award, thus grouped, within 30 days of the end of each quarter. (4) If the communication of information on the award of the public procurement contract/framework agreement would prevent the application of legal provisions, it would be contrary to the public interest, it would prejudice the legitimate commercial interests of the a certain economic, public or private operator, or could prejudice fair competition between economic operators, the publication of such information is not mandatory. ((5) The award notice shall be published in the Official Journal of the European Union and at national level, in accordance with the provisions of art. 146-148. + Article 146 The notices provided in art. 142, including the corresponding type of erred notices, shall be submitted for publication by the contracting authority by electronic means under the conditions laid down by the methodological norms for the application of this law and shall be published in the The European Union in compliance with the standard formats established by the European Commission under the provisions of art. 51 51 of Directive 2014 /24/EU of the European Parliament and of the Council of 26 February 2014. + Article 147 (1) The notices provided in art. 142 142 may not be published at national level before the date of their publication in the Official Journal of the European Union. (2) By exception to the provisions of par. (1), the national publication of the notices provided in art. 142 is permitted where the contracting authority has not been notified by the Publications Office of the European Union of the publication in the Official Journal of the European Union of notices submitted for publication within 48 hours from the confirmation of receipt by the Publications Office of the European Union of the notice submitted for publication. + Article 148 The notices provided in art. 142 published at national level must not contain any other information from those existing in the corresponding notices published in the Official Journal of the European Union and must mention the date of transmission to the Publications Office of the European Union. + Article 149 In the case of award of media advertising contracts with an estimated value of more than or equal to the value thresholds provided in art. 7 7 para. ((1) lit. b), the contracting authority has the following specific advertising and transparency obligations, additional to those provided by the provisions of this section in relation to the advertising and transparency of public service procurement contracts: a) the obligation to publish a contract notice on the electronic platform used to make the purchase, at a dedicated address, as well as on its own website, accompanied by the justification of the opportunity of the acquisition; b) the obligation to publish an award notice on the electronic platform used to make the purchase, at a dedicated address, as well as on its own website; c) upon termination of the media advertising contract, the obligation to publish on the electronic platform used to make the purchase a report assessing the impact of the procurement of the respective advertising services. + Article 150 (1) The contracting authority shall ensure by electronic means, through SEAP, the direct, complete, unrestricted and free access of economic operators to the procurement documents starting with the date of publication of the contract notice. (2) The contracting authority provides in the notice of participation the internet address to which the procurement documents are available. (3) If the contracting authority cannot provide by electronic means direct, complete, unrestricted and free access to certain documents of the procurement, and the contracting authority is in one of the situations provided by the methodological norms for the application of the present law in which the use of communication means other than electronic means is allowed, the contracting authority indicates in the contract notice the way in which it ensures economic operators access to procurement documents. (4) In the case provided in par. (3), the contracting authority has the obligation to extend the deadline for submission of tenders or requests for participation by 5 days, except for emergency situations duly demonstrated by the contracting authority, provided in art. 74 74 para. ((3), art. 79 79 para. ((5) and art. 84 84 para. ((5). (5) If the contracting authority, on grounds relating to the protection of the confidential nature of the information, cannot provide by electronic means direct, complete, unrestricted and free access to certain documents of the procurement, it has the obligation to specify in the contract notice the measures it requests for the purpose of protecting the confidential nature of the information, as well as the way in which it provides economic operators with access to those documents (6) In the case provided in par. (5), the contracting authority has the obligation to extend the deadline for the submission of tenders by 5 days, except for emergency situations duly demonstrated by the contracting authority, provided for in art. 74 74 para. ((3), art. 79 79 para. ((5) and art. 84 84 para. ((5). + Article 151 (1) In the framework of restricted tendering procedures, competitive dialogue, competitive negotiation and innovation partnership, the contracting authority is required to submit the invitation to participate in the second stage of the procedure of all selected candidates simultaneously and in writing. (2) The invitation to participate provided in par. ((1) includes a reference to the electronic address to which the procurement documents have been made available to economic operators by electronic means. ((3) If, for one of the reasons provided for in art. 150 150 para. (3) or (5), the contracting authority could not provide by electronic means direct, complete, unrestricted and free access to certain documents of the acquisition, and they were not made available in another way, the authority the contracting documents are attached to the invitation to participate provided in par. ((1). ((4) The information to be included in the invitation to participate provided in par. (1) shall be established by the methodological norms for the application of this law. + Article 152 (1) Without affecting the applicability of the provisions of this law regarding the minimum periods to be ensured between, on the one hand, the date of transmission for publication of the participation notices and, on the other hand, the deadline for the submission tenders or requests for participation, the contracting authority has the obligation to correlate and establish the period for the submission of tenders according to the complexity of the public procurement contract/framework agreement and the specific requirements, so that economic operators concerned benefit from an adequate time frame and sufficient for the elaboration of tenders or requests to participate and for the preparation of the qualification and selection documents that are requested by the procurement documents ((2) If the tenders or requests for participation cannot be drawn up until after the visit of the site or after the on-site consultation of additional documents on which the procurement documents are based, the period set by the contracting authority for the submission of tenders/requests for participation is higher than the minimum period provided for by this law for the award procedure used and is established so that the economic operators concerned have the real and effective possibility of obtaining all the necessary information for proper preparation of tenders/requests to participate. + Article 153 (1) The contracting authority extends the period established in the contract notice or in the procurement documents for the submission of tenders/requests for participation, in the following cases a) if, for any reason, the additional information or the response of the contracting authority to the request for clarifications are not transmitted within the deadlines provided for in art. 161, although the clarifications or additional information were requested by the economic operator in due time, taking into account the deadline for the response of the contracting authority provided for in art. 160 160 para. ((2); b) if the procurement documents are significantly changed. (2) Duration of extension of the period established according to para. ((1) is proportional to the volume and complexity of the information transmitted by clarifications, additional information or changes to the procurement documents. (3) Duration of extension of the period provided in par. (2) may not be less than 6 days and 4 days in emergency situations duly demonstrated by the contracting authority, provided by art. 74 74 para. ((3) and art. 79 79 para. ((5), deadlines to be calculated from the date of transmission of the additional information and by the deadline set for the submission of tenders or requests to participate. (4) If the additional information has not been transmitted in a timely manner or the information submitted by the contracting authority is insignificant with regard to the drawing up of tenders, the contracting authority shall not be required to extend period for submission of tenders. + Section 4 Development of award documentation + Article 154 The contracting authority has the obligation to develop the award documentation containing all the information necessary to ensure to economic operators a complete, correct and accurate information on the requirements of the procurement, the object the contract and the conduct of the award procedure. + Article 155 (. Technical specifications shall be determined by the award documentation and shall define the required characteristics of the work, service or products covered by the procurement. (2) The characteristics provided in par. ((1) may also cover the specific process or method of execution of works, manufacture of products or the provision of the requested services or a specific process for another stage of their life cycle, even if these elements are not part of the material content of the products, works or services to be purchased, but provided that these characteristics are related to the subject-matter of the public procurement contract/framework agreement and to be proportionate by reference to its value and objectives. (3) The technical specifications may also determine whether the transfer of intellectual property rights is required. ((. For all purchases intended for use by natural persons, whether it is the general public or the staff of the contracting authority, the technical specifications shall be defined in such a way as to take into account the requirements of accessibility of persons with disabilities or design concept for all categories of users, except in duly justified cases. (5) Where mandatory accessibility requirements are introduced by a legislative act adopted at European Union level, the technical specifications shall be defined as regards accessibility requirements for persons with disabilities or the design concept for all categories of users, by reference to the mandatory requirements so introduced. (6) Technical specifications must allow all economic operators equal access to the award procedure and must not have the effect of introducing unjustified obstacles to ensuring effective competition between operators. economic. + Article 156 ((. Without prejudice to national mandatory technical rules, in so far as they are compatible with the normative acts adopted at European Union level, the technical specifications shall be established in one of the following ways: a) by reference to performance requirements or functional requirements, including environmental characteristics, provided that the parameters are sufficiently precise to enable tenderers to determine the subject-matter of the contract and the contracting authorities award the contract b) by reference to technical specifications and, as priority orders, to national standards transposing European standards, European technical assessments, common technical specifications, international standards, other technical reference systems set up by European standardisation bodies or, in the absence of any of them, to national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of works and the use of products; each reference shall be accompanied by the words "or equivalent"; c) by reference to performance requirements or functional requirements, according to lit. a), and by reference to the technical specifications referred to in lett. b) as a way to presume compliance with those performance requirements or functional requirements; d) by reference to the technical specifications referred to in b) for some characteristics and by reference to performance requirements or functional requirements laid down in lett. a) for other features. ((. Unless this is justified by the subject matter of the contract, the technical specifications do not specify a particular manufacturer, a particular origin or a particular process which characterises the products or services provided by a given economic operator, nor does it concern trade marks, patents, types, origin or specific production, which would have the effect of favouring or eliminating certain economic operators or products. (3) By exception to the provisions of par. (2), the establishment of technical specifications by specifying the elements provided in par. ((2) is permitted in exceptional circumstances, where a sufficiently precise and comprehensible description of the object of the contract is not possible in accordance with the provisions of par. (1); in these situations, the specification of the elements provided in par. ((2) is accompanied by the words "or equivalent". (4) If the contracting authority determines the technical specifications according to the provisions of par. ((1) lit. b), it does not reject an offer on the grounds that the works, products or services offered are not in conformity with the technical specifications referred to, if the tenderer demonstrates in his offer, by any appropriate means, that the proposed solutions meet the requirements defined by technical specifications in an equivalent manner. (5) If the contracting authority determines the technical specifications according to the provisions of par. ((1) lit. a), it does not reject an offer for works, products or services that comply with a national standard transposing a European standard, with a European technical leisure, with a common technical specification, with an international standard or with a technical reference system developed by a European standardisation body, if these specifications concern the performance requirements or functional requirements set by the contracting authority. (6) In the case provided in par. ((5), the tenderer shall demonstrate in his tender, by any appropriate means, including those provided for in art. 158, that the works, products or services conforming to the standard satisfy the performance requirements or functional requirements established by the contracting authority. + Article 157 (1) If the contracting authority intends to purchase works, products or services with certain environmental, social or other characteristics, it may request by technical specifications, assessment factors or by the conditions for the performance of the contract a label shall specify as proof that the works, services or products meet the requested requirements, if the following conditions are met cumulatively: a) the labelling requirements relate only to criteria which are related to the subject matter of the contract and are suitable to define the characteristics of the works, products or services covered by the contract; b) the labelling requirements are based on objectively non-discriminatory and verifiable criteria; c) labels are created through an open and transparent procedure where all relevant stakeholders, including government bodies, consumers, social partners, producers, distributors and organisations can participate. non-governmental d) labels are accessible to all interested entities; e) the labelling requirements are laid down by a third party to which the economic operator applying for the award of the label cannot exercise a determining influence. ((. Where it does not require that the works, products or services meet all the labelling requirements, the contracting authority shall specify the labelling requirements to be met. ((3) If, in accordance with the provisions of par. (1), the contracting authority requires in relation to the works, products or services that a specific label acquires, it accepts all labels confirming that the works, products or services meet requirements of equivalent labelling. ((. Where the economic operator can demonstrate that it has no possibility of obtaining the specific label requested by the contracting authority or an equivalent label within the time limits laid down, for reasons not attributable to it, the contracting authority has the obligation to accept other appropriate means of proof, which may include a technical file of the manufacturer, provided that the economic operator concerned demonstrates that the works, products or services on which it follows execute/provide them/perform meet the requirements of the specific label or requirements specific requested by the contracting authority. (5) If a label meets the conditions laid down in par. ((1) lit. b)-e), but also lays down requirements which are not linked to the subject matter of the contract, the contracting authority does not require the label as such, but may define the technical specifications by reference to those detailed specifications of that label or, when necessary, to parts thereof, which are related to the subject matter of the contract and are suitable to define the characteristics of the object of the contract. + Article 158 (. The contracting authority shall have the right to require economic operators to provide a test report issued by a conformity assessment body or a certificate issued by such a body as a means of proof the conformity of the products, services or works covered by the procurement with the requirements or criteria set out in the technical specifications, the assessment factors or the conditions for the performance (2) In the case provided in par. ((1) in which the contracting authority requests the submission of certificates issued by a specific conformity assessment body, it shall also accept equivalent certificates issued by other conformity assessment bodies. (3) For the purposes of paragraph ((1) and (2), a conformity assessment body shall be a body carrying out conformity assessment activities, including calibration, testing, certification and inspection, accredited in accordance with the provisions of the Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance as regards the marketing of products and repealing Regulation (EEC) No 1060/ 339/93 . + Article 159 If an economic operator does not hold the certificates or test reports provided for in art. 158 158 para. ((1) or does not have the possibility to obtain them within the time limits set, for reasons that are not attributable to it, the contracting authority has the obligation to accept other appropriate means of proof, such as a technical file of the manufacturer, to the extent in which such means of proof attest that the works, products or services executed/supplied/rendered meet the requirements or criteria set out in the technical specifications, the assessment factors or the conditions for the execution of contract. + Article 160 (1) Any interested economic operator has the right to request clarifications or additional information in relation to the award documentation. (2) The contracting authority has the obligation to respond clearly and completely, as soon as possible, to any request for clarifications or additional information, in a period not to exceed, as a rule, 3 working days from receiving such a request from an economic operator. (3) The contracting authority is required to publish the answers accompanied by the related questions to the internet address to which the procurement documents are available, indicated according to the provisions of art. 150 150 para. ((2), taking measures not to disclose the identity of the economic operator who requested the additional clarifications or information. (4) Provisions art. 150 150 para. ((3)-(6) are duly applicable as regards responses to requests for clarifications or additional information. + Article 161 To the extent that requests for clarifications or additional information have been addressed in due time, taking into account the deadline for the response of the contracting authority provided for in art. 160 160 para. (2), the response of the contracting authority to these requests must be sent at least 6 days and 4 days respectively in the emergency situations duly demonstrated by the contracting authority, provided for in art. 74 74 para. ((3) and art. 79 79 para. ((5), before the deadline set for the submission of tenders or requests for participation. + Section 5-a Alternative offers + Article 162 (1) The contracting authority has the right to allow or require bidders to submit alternative offers only if it has explicitly stated in the contract notice that it allows or requests the submission of alternative offers. (2) If the contracting authority has not explicitly stated that it allows or requests the submission of alternative offers according to the provisions of par. ((1), the contracting authority shall not be entitled to take into account alternative offers. (3) The alternative offers must be related to the subject-matter of the public procurement contract/framework agreement. (4) The contracting authority which allows or requests the submission of alternative offers is required to specify in the procurement documents the mandatory minimum requirements which they must comply with and any other specific requirements for the submission of alternative offers, in particular whether alternative offers can be submitted only if an offer has been submitted which is not an alternative offer. (5) In the situation referred to in par. ((4), the contracting authority must ensure that it is possible to apply the award criterion and the assessment factors established both in the case of alternative tenders which meet the minimum requirements laid down in accordance with the provisions of the para. ((4), and in the case of compliant tenders which are not alternative offers. (6) The contracting authority is required not to take into account alternative offers which do not comply with the minimum requirements laid down in accordance with the provisions of paragraph ((4). (7) In the case of procedures for the award of public contracts of products or services, the contracting authority which has allowed or requested the submission of alternative offers has no right to reject such an alternative offer for the sole reason that if it is declared a winner: a) the supply contract for the award of which the procedure was organized qualifies as a service contract; or b) the service contract for the award of which the procedure was organized qualifies as a supply contract. (8) If the contracting authority allows or requests the submission of alternative offers, bidders may submit only the alternative offer. + Section 6 Qualification and selection criteria + Paragraph 1 Application of qualification and selection criteria + Article 163 The contracting authority shall have the right to apply in the award procedure only qualification and selection criteria relating to: a) reasons for the exclusion of the candidate/offers; b) the capacity of the candidate/tenderer. + Paragraph 2 Grounds for exclusion of the candidate/tenderer + Article 164 (. The contracting authority shall exclude from the procedure for the award of the public procurement contract/framework agreement any economic operator as to which it has established, following the analysis of the information and documents submitted by it, or has taken knowledge in any other way that he was convicted by final judgment of a court of law, for the commission of one of the following offences: a) the establishment of an organized criminal group, provided by art. 367 367 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the state in which the economic operator was convicted; b) corruption offences, provided by art. 289 289-294 of Law no. 286/2009 , with subsequent amendments and completions, and crimes assimilated to corruption offences provided by art. 10 10-13 of Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the state in which the economic operator was convicted; c) crimes against the financial interests of the European Union, provided by art. 18 ^ 1-18 ^ 5 of Law no. 78/2000 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; d) acts of terrorism, provided by art. 32 32-35 and art. 37 37-38 of Law no. 535/2004 on the prevention and combating of terrorism, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the State in which the economic operator was convicted; e) money laundering, provided by art. 29 29 of Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorism, republished, as amended, or the financing of terrorism, provided by art. 36 36 of Law no. 535/2004 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; f) trafficking and exploitation of vulnerable persons, provided by art. 209-217 of Law no. 286/2009 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; g) fraud within the meaning of Article 1 of the Convention on the Protection of the Financial Interests of the European Communities (2) The obligation to exclude from the award procedure an economic operator, in accordance with the provisions of par. ((1), shall also apply if the person convicted by a final decision is a member of the management, management or supervisory body of that economic operator or has power of representation, decision or control in the its framework. + Article 165 (. The contracting authority shall exclude from the award procedure any economic operator which is aware that it has breached its obligations relating to the payment of taxes, duties or contributions to the consolidated general budget, and this has been established by a judicial decision or administrative decision having a final and binding nature in accordance with the law of the State in which that economic operator is established. (. The contracting authority shall exclude from the award procedure an economic operator where it can demonstrate by any appropriate means that the economic operator has breached its obligations relating to the payment of taxes, duties or contributions to the consolidated general budget. (3) The economic operator is not excluded from the award procedure if, prior to the exclusion decision, it fulfils its obligations by paying taxes, fees or contributions to the consolidated general budget due or by other means of extinguishing them or benefit, under the law, from their staggering or other facilities in order to pay them, including, as the case may be, possible interest or late payment penalties or fines. + Article 166 (1) By exception to the provisions of art. 164 164 para. ((1) and (2), in exceptional cases, the contracting authority has the right not to exclude from the award procedure an economic operator who is in one of the situations referred to in art. 164 164 para. (1) and (2), for overriding reasons of general interest, such as public health or environmental protection. (2) By exception to the provisions of art. 165 165 para. ((1) and (2), an economic operator shall not be excluded from the award procedure where the amount of taxes, duties and contributions to the consolidated general budget due and outstanding, meets one of the following conditions: a) is less than 4,000 lei; b) is more than 4,000 lei and less than 5% of the total taxes, fees and contributions due by the economic operator to their most recent due date. + Article 167 (. The contracting authority shall exclude from the award procedure the public procurement contract/framework agreement any economic operator that is in any of the following situations: a) violated the obligations established according to art. 51 51, and the contracting authority can demonstrate this by any appropriate means of evidence, such as decisions of the competent authorities finding the infringement of these obligations; b) is in insolvency proceedings or in liquidation, in judicial supervision or in cessation of activity; c) committed a serious professional misconduct that discusses its integrity, and the contracting authority can demonstrate this by any appropriate means of evidence, such as a decision of a court or an authority administrative; d) the contracting authority has sufficient reasonable indications/concrete information to consider that the economic operator has concluded with other economic operators agreements aimed at distorting competition within or in connection with the procedure in cause; e) is in a situation of conflict of interest in or in connection with the procedure in question, and this situation cannot be effectively remedied by other less severe measures; f) the previous participation of the economic operator in the preparation of the award procedure has led to a distortion of competition, and this situation cannot be remedied by other less severe measures; h) the economic operator was guilty of false statements in the content of the information submitted at the request of the contracting authority for the purpose of verifying the absence of reasons for exclusion or fulfilling the qualification and selection criteria, no he has presented this information or is unable to provide the required supporting documents; i) the economic operator has attempted to unlawfully influence the decision-making process of the contracting authority, obtain confidential information which could confer unjustified advantages in the award procedure or provided it from negligence of erroneous information which may have a significant influence on the decisions of the contracting authority on the exclusion from the award procedure of that economic operator, its selection or the award of the contract the public/framework agreement to that economic operator. (2) By exception to the provisions of par. ((1) lit. b) the contracting authority shall not exclude from the award procedure an economic operator against whom the general insolvency proceedings have been opened where, on the basis of the information and/or documents presented by the economic operator concerned, determines that it has the capacity to execute the public procurement contract/framework agreement. It assumes that the economic operator is either in the observation phase and has adopted the necessary measures to draw up a feasible reorganisation plan, which allows the continuation, in a sustainable manner, of the current activity, or is in the framework of the judicial reorganization phase and fully comply with the implementation schedule of the reorganization plan approved by the court. (3) For the purposes of paragraph 1 ((1) lit. c), through serious professional misconduct is understood any misconduct committed by the economic operator affecting its professional reputation, such as violations of cartel competition rules aimed at rigging tenders or violations of intellectual property rights, committed with intent or serious fault. (4) Provisions of para. ((1) lit. c) are also applicable if the economic operator or one of the persons referred to in art. 164 164 para. (2) is subject to a judicial investigation procedure in connection with the commission of one/some of the facts provided in art. 164 164 para. ((1). (5) For the purposes of paragraph 1 ((1) lit. d) it is considered that the contracting authority has sufficient plausible indications to consider that the economic operator has concluded with other economic operators agreements aimed at distorting competition within or in connection with the procedure in question in the following situations, covered by an example: a) the tenders or requests for participation transmitted by 2 or more economic operators participating in the award procedure present significant similarities in terms of the content of non-standard documents according to the documentation of attribution; b) within the governing bodies of 2 or more economic operators participating in the award procedure are found the same persons or persons who are spouse, relative or afin up to the second degree inclusive or having common interests of a personal, financial or economic nature or of any other nature; c) a bidder/candidate has submitted two or more bids/requests to participate, both individually and jointly with other economic operators or only jointly with other economic operators; d) a bidder/candidate submitted the offer/request for individual/joint participation with other economic operators and is nominated as a subcontractor within another offer/requests to participate. ((6) Before the exclusion of an economic operator under par. ((1) lit. d), the contracting authority shall request in writing to the Competition Council the point of view of the identified indications aimed at distorting competition within or in connection with the award procedure in question, which it shall submit within a maximum of 15 days. (7) The contracting authority has the obligation to provide all the information requested by the Competition Council, in order to formulate the point of view, according to the provisions ((6). (8) For the purposes of paragraph 1 ((1) lit. g) are considered serious violations of contractual obligations, as exemplifying, non-performance of the contract, delivery/performance/execution of products/services/works that show major non-conformities that make them unfit for use according to the intended purpose of the contract. + Article 168 (1) The contracting authority has the obligation to accept as sufficient and relevant for the demonstration that the bidder/candidate does not fall into one of the situations provided in art. 164, 165 and 167, any document deemed to be illuminating, from this point of view, in the country of origin or in the country where the bidder/candidate is established, such as certificates, criminal records or other equivalent documents issued by the authorities skills in that country. (2) If there are uncertainties regarding the existence or non-existence of an exclusion situation, the contracting authority has the right to request directly information from the foreign competent authorities provided in par. ((1). (3) If in the country of origin or in the country where the bidder is established/the candidate is not issued documents of the nature of those provided in par. (1) or those documents do not concern all the situations provided for in art. 164, 165 and 167, the contracting authority has the obligation to accept a declaration on its own responsibility or, if in that country there are no legal provisions relating to the affidavit, an authentic statement given before a notary, of an administrative or judicial authority or of a professional association having jurisdiction to do so. + Article 169 The contracting authority shall exclude an economic operator at any time of the award procedure in which it becomes aware that the economic operator is, having regard to the actions or inactions committed before or during the procedure, in one of the the situations provided in art. 164 164, 165 and 167, likely to attract exclusion from the award procedure. + Article 170 (1) The contracting authority has the obligation to verify the non-existence of an exclusion situation provided for in art. 164 164, 165 and 167 in relation to proposed subcontractors. ((. Where an exclusion situation is identified, with the proper application of the provisions of art. 171 171, the contracting authority shall require the tenderer/candidate once to replace a subcontractor in relation to which it resulted, following the verification, that he is in this situation. (3) For the purpose of the verification referred to in (1), the subcontractor shall complete the affidavit in accordance with the provisions of art. 193-195, stating that it is not in any of the situations that attract exclusion from the award procedure. + Article 171 (1) Any economic operator in any of the situations referred to in art. 164 164 and 167 which attract exclusion from the award procedure may provide evidence showing that the measures taken by it are sufficient to demonstrate in concrete terms their credibility by reference to the grounds for exclusion. (2) If the contracting authority considers the evidence presented by the economic operator in accordance with the provisions of par. ((1) as sufficient for the concrete demonstration of credibility, the contracting authority shall not exclude the economic operator from the award procedure. ((3) The evidence that the economic operator in any of the situations referred to in art. 164 and 167 may provide them to the contracting authority, within the meaning of paragraph ((1), refers to the economic operator making the payment or assuming by the economic operator the obligation to pay compensation in respect of any damage caused by an offence or by another act. illicit, clarifying by the economic operator completely the facts and circumstances in which the offence or other wrongful act was committed, through active cooperation with the authorities carrying out the investigation, and the adoption by the economic operator of concrete and appropriate measures at technical, organisational and material level staff, such as eliminating links with individuals and organisations involved in misconduct, measures to reorganise staff, implement control and reporting systems, create an internal audit structure to verify compliance with legal provisions and other rules or to adopt internal rules on liability and payment of compensation, in order to prevent the commission of new crimes or other wrongdoing. (4) If the economic operator has been imposed by final judgment of a court of law the measure of the prohibition to participate in proceedings for the award of a contract of public procurement/framework agreement or a contract of concession, which produces effects in Romania, the provisions of par. ((1)-(3) are not applicable throughout the period of exclusion established by that judgment. (5) If the economic operator has not been applied by final judgment of a court of law the measure of the prohibition to participate in proceedings for the award of a contract of public procurement/framework agreement or a contract of concession for a certain period, the exclusion situations provided for in art. 164 164 and 167 shall not apply: a) if, in case of the facts provided in art. 164, expired a period of 5 years from the date of the final judgment of conviction; b) if, in the case of situations, facts or events provided in art. 167, expired a period of 3 years from the date of occurrence of the situation, committing the act or producing the relevant event. + Paragraph 3 Capacity criteria + Article 172 (. The contracting authority shall have the right to apply in the award procedure only capacity criteria relating to: a) the ability to exercise professional activity; b) economic and financial situation; c) technical and professional capacity. (2) The contracting authority does not have the right to impose on economic operators other capacity requirements regarding the participation in the award procedure compared to those provided in par. ((1). (3) The contracting authority shall establish only participation requirements that are necessary and appropriate to ensure that a candidate/tenderer has the legal and financial capacity and technical and professional skills to execute the contract of public procurement/framework agreement to be awarded. (4) The contracting authority may not establish participation requirements for subcontractors proposed by the tenderer/candidate in the tender or request for participation, but takes into account the technical and professional capacity of the proposed subcontractors for their part of the involvement in the contract to be fulfilled, if the documents submitted are relevant to that effect. (5) All the capacity requirements requested by the contracting authority must be related to the subject-matter of the public procurement contract/framework agreement and be proportionate by reference to the subject matter. + Article 173 (1) The contracting authority shall have the right to require any economic operator to submit relevant documents proving the form of registration and, as the case may be, attestation or professional membership, in accordance with the legal requirements of the country where the economic operator is established. ((2) In the procedures for the award of public service contracts, where it is necessary for economic operators to hold a special authorisation or to be members of a particular organisation in order to be able to provide the services concerned in the State of origin, the contracting authority has the right to require them to demonstrate that they have such an authorisation or that they are members of such an organisation. + Article 174 (1) The contracting authority has the right to ask the bidder/candidate to submit relevant information and documents relating to the technical and professional capacity of the proposed subcontractors, regarding the part/parts of the contract on that they are actually going to meet them. ((2) If from the information and documents presented according to par. (1) it does not appear that the proposed subcontractor has the necessary technical and professional capacity for the part/parts of the contract that he/she is actually going to meet, the contracting authority rejects the proposed subcontractor and requests the bidder/candidate once his replacement and the presentation of another subcontractor who has the necessary technical and professional capacity for the part/parts of the contract that he/she is actually going to meet. + Article 175 (. The contracting authority shall have the right to establish by the award documentation requirements relating to the economic and financial situation that are necessary and appropriate to ensure that economic operators have the economic and financial capacity. necessary to execute the public procurement contract/framework agreement and to be protected from an eventual risk of failure to comply with the contract. ((. The requirements relating to the economic and financial situation established by the contracting authority may concern elements such as: a) a certain minimum level of annual turnover, including a certain minimum turnover in the field of the object of the public procurement contract/framework agreement; the annual minimum turnover imposed on economic operators should not be exceed twice the estimated value of the public procurement contract/framework agreement; b) certain levels of other relevant economic and financial indicators, such as the annual liquidity level; c) an appropriate level of professional risk insurance. (3) By exception to the provisions of par. ((2) lit. a), the annual minimum turnover imposed on economic operators may exceed the limit provided in par. ((2) lit. a) in duly justified cases, such as those related to the existence of special risks related to the nature of the works, services or products covered by the public procurement contract/framework agreement. (4) In the case provided in par. ((3), the contracting authority shall indicate in the procurement documents the main reasons justifying such a requirement. + Article 176 (1) If public procurement contracts are to be awarded on the basis of a framework agreement with the resumption of competition, the level of the annual minimum turnover provided for in art. 175 175 para. ((2) lit. a) relate to the anticipated maximum value of subsequent contracts to be executed at the same time or, if not known, to the estimated value of the framework agreement. (2) In the case of a dynamic purchasing system, the level of the annual minimum turnover provided for in art. 175 175 para. ((2) lit. a) relate to the anticipated maximum value of subsequent contracts to be awarded under that system. + Article 177 (. The economic operator shall prove that the economic and financial situation is fulfilled, as a rule, by presenting, where appropriate, some or more of the following information and documents: a) appropriate bank statements or extracts or, where appropriate, proof of professional risk insurance; b) the presentation of financial statements or extracts from financial statements, if the publication of financial statements is provided by the legislation of the country in which the economic operator is established; c) a statement on the total turnover of the economic operator and, where applicable, the turnover in the field of activity covered by the contract, for at most the last three financial years available, depending on the date of the establishment or commencement of the business of the economic operator, in so far as the information on the ((. If, for objective and justified reasons, the economic operator is unable to present one or more of the information and documents referred to in par. ((1), the economic operator shall be authorized to provide proof of its economic and financial situation by any other document which the contracting authority considers appropriate. + Article 178 (1) The contracting authority has the right to establish by documents the acquisition of technical and professional capacity requirements that are necessary and appropriate to ensure that economic operators hold human and technical resources and experience necessary to execute the public procurement contract/framework agreement to an appropriate quality standard. ((. The technical and professional capacity requirements laid down by the contracting authority may concern in particular the existence of an appropriate level of experience, by reference to contracts executed in the past. ((3) In the case of procedures for the award of public procurement contracts/framework agreements for services or works or public procurement contracts/product framework agreements requiring works or placement or installation operations, the professional capacity of economic operators to provide services or to execute the installation or installation operations can be assessed according to their skills, competences, efficiency, experience and potential. + Article 179 The economic operator shall demonstrate the fulfilment of the technical and professional capacity requirements by presenting, where appropriate, some or more of the following information and documents: a) a list of works carried out during a period covering at most the last 5 years, accompanied by certificates of good execution for the most important works; where necessary in order to ensure an appropriate level of competition, the contracting authority may determine that relevant works carried out more than 5 years ago are taken into account; b) the list of main deliveries of products made or of the main services provided during a period covering no more than the last 3 years, with an indication of the values, data and public or private beneficiaries; the purpose of ensuring an appropriate level of competition, the contracting authority may determine that deliveries of relevant products or services rendered more than 3 years ago are taken into account; c) indication of the technicians or technical bodies involved, whether or not they are part of the organization of the economic operator, in particular those responsible for quality control and, in the case of public works contracts, the those at the disposal of the contractor for the execution of works; d) description of the technical facilities and measures used by the economic operator in order to ensure the quality and its study and research facilities; e) specifying the management and traceability systems within the supply chain that the economic operator will be able to apply during the performance of the contract; f) where the products or services to be supplied are complex or, of an exceptional nature, are intended for a special purpose, the results of a control carried out by the contracting authority or, on its behalf, by a body officially competent in the country in which the economic operator is established, subject to the agreement of that body, which covers the production capacities of the economic operator supplying the products or the technical capacity of the economic operator providing the services and, if necessary, the study facilities and the research that is at its disposal and the quality control measures it is to apply; g) the educational and professional qualifications of the economic operator who provide services or perform works or of the management staff of the economic operator, if they do not constitute evaluation factors; h) specifying the environmental management measures that the economic operator will be able to apply during the execution of the contract; i) a statement on the average annual number of personnel of the economic operator providing services or performing works and the number of senior staff in the last 3 years; j) a declaration on machinery, installations and technical equipment at the disposal of the economic operator providing services or performing works for the performance of the contract; k) specifying the part/parts of the contract that the economic operator intends to subcontract; l) samples, descriptions or photographs of the products to be delivered, the authenticity of which must be certified at the request of the contracting authority; m) certificates issued by official institutes responsible for quality control or bodies with recognised competence attesting the conformity of the products to be delivered, clearly identified by reference to technical specifications or standards. + Article 180 ((. When it intends to award a contract for public procurement/framework agreement, the contracting authority shall apply the capacity requirements by reference to each individual lot. (2) By exception to the provisions of par. ((1), the contracting authority may lay down the requirements for the level of annual minimum turnover by reference to groups of lots, where it is allowed to award several lots to the same tenderer and contracts for them must be executed at the same time (3) By exception to the provisions of par. ((1), as a condition for the possibility of awarding contracts subject to several lots to the same tenderer, the contracting authority may lay down the requirements for technical and/or professional resources by reference to groups of lots, where the use of these resources in the contracts is carried out simultaneously or make it impossible to allocate the same/same resources for several contracts that are executed at the same time. + Article 181 The criteria for the minimum capacity and requirements applied for, together with the appropriate means of proof, shall be provided for in the contract notice. + Article 182 (1) The economic operator shall have the right, if any, in connection with a specific public procurement contract/framework agreement, to invoke the support of third parties/third parties in respect of the fulfilment of the criteria relating to the economic situation and financial and/or technical and professional capacity criteria, irrespective of the nature of the existing legal relations between the economic operator and the third party/third party. (2) The economic operator shall have the right to invoke the support of third parties/third parties regarding the fulfilment of the criteria regarding the educational and professional qualifications provided in art. 179 lit. g) only if the third party will actually carry out the works or services in relation to which those qualifications are required. ((3) If the economic operator demonstrates its economic and financial situation and/or technical and/or professional capacity invoking and supporting it, in accordance with the provisions of par. ((1) and (2), by one or more third parties, then the economic operator shall have the obligation to prove to the contracting authority that it has taken all necessary measures to have access at all times to the necessary resources, presenting a commitment in this meaning from third parties/third parties. (4) With the commitment of support, the bidder/candidate has the obligation to submit documents sent to him by the supporter/third party supporter/supporters, showing the effective way by which the third party/third party supporter/supporters will ensure the fulfilment of its own commitment to support, documents that will be annexed to that commitment. (5) If the support of third party/third parties concerns non-transferable resources, the commitment shall ensure that the contracting authority fulfils its obligations, if the contractor encounters difficulties during the course of the contract. + Article 183 (1) The contracting authority shall verify that the third party/third party providing support for the fulfilment of the criteria relating to the economic and financial situation or the technical and/or professional capacity meets/fulfils the relevant criteria for capacity or do not fall within the grounds for exclusion provided for in art. 164 164, 165 and 167. (2) If the third party/third party does not meet/meet the relevant criteria for its capacity or falls within one of the exclusion grounds provided for in art. 164, 165 and 167, the contracting authority requests, only once, for the economic operator to replace the proponent third party/third party without this aspect affecting the principle of equal treatment provided for in art. 2 2 para. ((2) lit. b). + Article 184 If an economic operator demonstrates the fulfilment of the criteria relating to the economic and financial situation by invoking the support of third parties/third parties, the contracting authority shall require that the economic operator and third party supporter/supporters to jointly respond to the execution of the public procurement contract/framework agreement. The joint liability of the third party/third party supporter/supporters will be committed under the condition of his/her non-fulfilment of the obligations of support assumed by the commitment. + Article 185 ((. Where several economic operators participate jointly in the award procedure, the fulfilment of the technical and professional capacity criteria shall be demonstrated by taking into account the resources of all members of the group, and the contracting authority requests that they jointly respond to the execution of the public procurement contract/framework agreement. ((. Where several economic operators participate jointly in the award procedure, they may benefit from the support of a third party in respect of the fulfilment of the criteria relating to the economic and financial situation and/or capacity technical and professional, under the present law. + Article 186 In the case of public works contracts or services and works or placement or installation operations under a public product procurement contract, the contracting authority may require that certain tasks essential to be carried out directly by the tenderer or, in the case of an offer submitted by an association of economic operators, by a particular member of the association. + Section 7 Award criteria + Article 187 (. Without prejudice to the legal or administrative provisions relating to the price of certain products or the remuneration of certain services, the contracting authority shall award the public procurement contract/framework agreement to the tenderer who submitted the tender economically advantageous. (. For the purposes of paragraph 1. ((1), the contracting authority shall determine the most economically advantageous on the basis of the award criterion and the assessment factors set out in the procurement documents. ((3) In order to determine the most economically advantageous tender in accordance with the provisions of par. ((2), the contracting authority shall have the right to apply one of the following award criteria: a) the lowest price; b) the lowest cost; c) best value for money; d) best value for money. (4) For the purposes of paragraph ((3) lit. c) and d), the best value for quality/quality-cost is determined on the basis of evaluation factors that include qualitative, environmental and/or social aspects, in relation to the object of the public procurement contract/framework agreement. (5) The assessment factors referred to in par. ((4) may concern, inter alia: a) quality, including technical advantages, aesthetic and functional characteristics, accessibility, design concept for all users, social, environmental and innovative characteristics and its marketing and conditions; b) the organization, qualification and experience of the personnel designated for the performance of the contract, if the quality of the designated personnel can have a significant impact on the qualitative level of performance of the contract; c) after-sales services, technical assistance and delivery conditions, such as delivery date, delivery process and delivery or completion deadline. (6) For the purposes of paragraph ((3) lit. c), the award criterion the best value for money includes as a rule a price or cost element; if the contracting authority initiates a fixed budget award procedure, in which the price or cost element is a price or fixed cost, the assessment factors relate only to qualitative aspects of the products, services or works covered by the procurement. (7) For the purposes of paragraph ((3) lit. b), the lowest cost is determined on profitability considerations, using factors such as the calculation of costs on the life cycle. (8) The contracting authority shall not use the lowest cost/lowest price as an award criterion in the case of: a) certain categories of public procurement contracts/framework agreements for works or services that have as their object intellectual services and which involve activities with high complexity level; b) public procurement contracts/framework agreements for works or services that are related to trans-European transport infrastructure projects, as defined in this law, and county roads. (9) The categories of public procurement contracts/framework agreements referred to in par. (8), as well as the maximum weight that the price or cost element may have within the criterion for the award of these contracts shall be established by the methodological norms for the application of this law. (10) If two or more offers are equivalent, the contracting authorities may apply an additional criterion, for example: combating unemployment, which will be explicitly mentioned in the contract notice. + Article 188 (1) The assessment factors referred to in art. 187 187 para. ((4) are directly related to the subject matter of the public procurement contract/framework agreement when referring in any way to the products, services or works to be provided/pre-state/executed under the purchase contract the public/framework agreement and at any stage of their life cycle, even if these factors are not part of the material substance of the products, services or works concerned. (. For the purposes of paragraph 1. ((1), the contracting authority may consider assessment factors in relation to: a) the specific process of production, supply or marketing of works, products or services; b) a specific process for another stage of the life cycle of works, products or services. + Article 189 (. The contracting authority shall not be entitled to use assessment factors leading to a freedom of unlimited discretion. (2) For the purposes of paragraph ((1), the assessment factors used by the contracting authority must ensure real competition between economic operators and be accompanied by provisions allowing the effective verification of the information provided by the tenderers, for the purposes of the application of evaluation factors. (. When deemed necessary, the contracting authority shall verify the accuracy of the information and evidence provided by the tenderers. + Article 190 (. The contracting authority shall specify in the procurement documents the relative weight which it shall grant to each assessment factor to be applied for the determination of the most economically advantageous tender, unless the most economically advantageous tender is determined by applying the lowest price criterion. (2) The relative ponies provided in par. ((1) may be granted by reference to value ranges. ((. Where the determination of a weighting is not possible for objective reasons, the contracting authority shall indicate the assessment factors in descending order of importance. + Article 191 The calculation of costs over the life cycle shall cover, to the extent relevant, all or part of the following costs over the life cycle of a product, service or work: a) costs incurred by the contracting authority or other users, such as acquisition-related costs, usage costs, such as energy consumption and other resources, maintenance costs, end-of-life costs, such as collection and recycling costs; b) costs determined by external effects on the environment in relation to the product, service or work during their life cycle, provided that their pecuniary value can be determined and verified; these costs may include the cost of greenhouse gas emissions and other pollutant emissions and other costs of mitigating the effects of climate change. + Article 192 (1) If the contracting authority assesses the costs using an approach based on the cost over the life cycle, it shall indicate in the procurement documents the data to be provided by the bidders as well as the method on which the contracting authority is to use it to determine the costs over the life cycle on the basis of that data. ((2) The method used by the contracting authority to assess the costs determined by the external effects on the environment referred to in 191 lit. b) must cumulatively meet the following conditions: a) it is based on objectively non-discriminatory and verifiable criteria; in particular, where it has not been established for repeated or continuous application, it does not unduly favour or disadvantage certain economic operators; b) is accessible to all interested parties; c) the requested data may be provided through a reasonable effort by economic operators showing a normal diligence, including economic operators from third countries which are part of the Agreement on Government Procurement World Trade or other international agreements in which the European Union has assumed obligations. ((3) In all cases where a common method of calculating costs over the life cycle has become mandatory by a regulatory act adopted at the level of the European Union, that common method shall be applied for the assessment of costs the life cycle. + Section 8 The single European procurement document. E-Certis + Article 193 (1) The contracting authority shall accept at the time of submission of the requests for participation or tenders of the DUAE, consisting of an updated affidavit, as preliminary proof in the place of certificates issued by the public authorities or by third parties confirming that the economic operator concerned fulfils the following conditions: a) is not in any of the exclusion situations referred to in art. 164 164, 165 and 167; b) meets the criteria for capacity as requested by the contracting authority; c) if applicable, meet the selection criteria established by the contracting authority in accordance with the provisions of this law. ((2) If the economic operator demonstrates the fulfilment of the criteria relating to the economic and financial situation or the technical and professional capacity invoking the support of a third party, DUAE shall include the information referred to in ((1) on the supporting third party. (3) If the economic operator intends to subcontract part/parts of the contract, the DUAE shall also include the information requested with regard to subcontractors. (4) In addition to the information provided in par. ((1)-(3), the DUAE also contains information on the public authority or the third party responsible for drawing up the supporting documents, as well as an official statement stating that the economic operator is required to provide, on request and without delay, the respective supporting documents. (5) If the contracting authority can obtain the supporting documents provided in par. (4) directly, by accessing a database, the DUAE also comprises the information requested for this purpose, such as the database's internet address, any identification date and, if applicable, the required declaration of granting the database. consent. + Article 194 Economic operators may reuse a DUAE already used in a previous award procedure, provided that they confirm that the information contained therein is still correct and valid at the time of its submission. + Article 195 DUAE shall be developed on the basis of a standard form approved by the European Commission and shall be provided exclusively in electronic form + Article 196 (1) The contracting authority may require candidates/tenderers to submit all or part of the supporting documents as proof of the information contained in the DUAE, at any time during the course of an award procedure, if this the work is necessary to ensure the proper conduct of the procedure. ((2) Prior to the award of the public procurement contract/framework agreement, with the exception of the situation of subsequent contracts awarded in the execution of a framework agreement, the contracting authority shall require the tenderer ranked first after application. the award criterion shows up-to-date supporting documents demonstrating the fulfilment of all qualification and selection criteria, in accordance with the information contained in the DUAE, with the exception of procedures carried out in May many steps when supporting documents are requested before transmission of invitations for the second stage to the selected candidates. (3) The contracting authority may invite candidates/tenderers to complete or clarify the documents provided in par. ((1) or (2). + Article 197 (1) By exception to the provisions of art. 196 196, economic operators are not required to submit supporting documents or other evidence in support of the information declared in the DUAE in the case and to the extent that the contracting authority has the possibility to obtain the certificates or information directly relevant, by accessing a national database in any Member State, available free of charge, such as a national public procurement register, a virtual company file, an electronic document storage system or a preselection system. (2) By exception to the provisions of art. 196 196, economic operators are not required to submit supporting documents in support of the information declared in the DUAE if the contracting authority that awarded the public procurement contract or concluded the framework agreement is already in possession of those documents. (3) For the purposes of paragraph ((1), databases containing relevant information on economic operators must be accessible to all contracting authorities in all Member States and must be updated regularly. + Article 198 ANAP provides the European Commission and updates in e-Certis the complete list of databases containing relevant information on economic operators established in Romania. + Article 199 (1) In order to facilitate cross-border award procedures, ANAP shall ensure that information on certificates and other forms of supporting documents introduced in e-Certis is kept up to date. (. The contracting authorities shall use e-Certis and shall require principally those types of certificates or forms of supporting documents which are available in e-Certis. + Article 200 (1) The contracting authority has the right to impose on economic operators the obligation to present specific certifications, granted by accredited certification bodies, which attest to their compliance with certain insurance standards. quality, including on accessibility for people with disabilities, or standards or environmental management systems. (2) The contracting authority has the obligation, in accordance with the principle of mutual recognition, to accept certificates equivalent to those provided in par. ((1), issued by accredited certification bodies established in other Member States. ((3) Where it can be demonstrated that an economic operator has not had access to a quality or environmental certificate as requested by the contracting authority or does not have the possibility to obtain it within the time limits set, for reasons which they are not attributable to him, the contracting authority has the obligation to accept any other evidence or evidence presented by the economic operator concerned, in so far as the evidence/evidence presented confirms the provision of an appropriate level of quality or, where appropriate, the protection of the environment, equivalent to that required by the contracting authority. + Section 9 Official lists of approved economic operators and certification by bodies governed by public or private law + Article 201 (1) By the methodological norms for the application of this law, there are established ways of certification or inclusion on official lists, at national level, of economic operators who opt for a certification system. ((2) ANAP has the obligation to inform the European Commission about the coordinates and functioning of the certification system provided in par. ((1). ((3) Economic operators registered on the official lists or holding a certificate may submit to the contracting authorities, within the framework of a procedure for the award of a public procurement contract/framework agreement, a registration certificate issued by the the competent authority or the competent certification body; those certificates shall indicate the references which were the basis for the entry of economic operators on the official list or their certification and the classification on that list. ((4) The registration of economic operators on official lists certified by the competent bodies or a certificate issued by a certification body is a relative presumption as regards fulfilment by the registered economic operator on that list or holding that certificate of the qualification and selection requirements covered by the official list or that certificate. + Article 202 ((. The information resulting from the entry on the official lists or certificates issued by the certification bodies may not be questioned without justification. ((. With regard to the payment of taxes, duties and contributions to the consolidated general budget, an additional certificate may be required from any economic operator entered on an official list or holding a certificate, when award a public procurement contract/framework agreement. ((3) Economic operators from other Member States do not have the obligation to register on an official list organized according to the provisions of this law or to obtain in Romania a certification of the type regulated in this section in to participate in a procedure for the award of a public procurement contract/framework agreement. ((. Where the contracting authority requests in the framework of an award procedure certain certificates, it shall be required to accept equivalent certificates issued by bodies established in other Member States or other means of proof equivalents. + Section 10 Electronic catalogues + Article 203 (. Where legal provisions require the use of electronic means of communication, the contracting authority may require that tenders be submitted in the form of an electronic catalogue or include an electronic catalogue. (2) By the methodological norms for the application of this law, the categories of procurement shall be established with regard to which the contracting authority has the obligation to impose the use of electronic catalogues. ((. The tenders submitted in the form of electronic catalogues may be accompanied by other documents which supplement them. + Article 204 (. Electronic catalogues shall be drawn up by candidates/tenderers for participation in a specific award procedure, in accordance with the technical specifications and format established by the contracting authority. (2) Electronic catalogues shall comply with the requirements applicable to electronic communication instruments, as well as any additional requirements established by the contracting authority, in accordance with the provisions of art. 64 64-66 and the methodological norms for the application of this law. + Article 205 (. When accepting or requesting the submission of tenders in the form of electronic catalogues, the contracting authority shall: a) specify this in the contract notice; b) indicate in the procurement documents all the necessary information regarding the format, the electronic equipment used and the technical arrangements and specifications of the connection for the catalogue ((. Where a framework agreement has been concluded with several economic operators on the basis of tenders submitted in the form of electronic catalogues, the contracting authority may provide that the resumption of competition for the award of contracts Follow-up is based on updated catalogues. (3) In the case provided in par. ((. The contracting authority shall use one of the following methods: a) invites tenderers to re-transmit the electronic catalogues, adapted to the requirements of the contract in question; b) inform the bidders that they intend to collect from the electronic catalogues that have already been transmitted the information necessary to constitute offers adapted to the requirements of the contract in question, provided that the use of this method has been announced in the procurement documents underlying the conclusion of the framework agreement. ((4) If the contracting authority resumes the competition for the award of subsequent contracts in the execution of the framework agreement in accordance with the provisions of par. ((3) lit. b), it shall notify the tenderers of the date and time at which it intends to collect the information necessary to constitute tenders adapted to the requirements of the contract in question and gives the tenderers the opportunity to refuse such collection of information. (5) The contracting authority must provide for a corresponding period of time between the notification provided for in paragraph 1. ((4) and the actual collection of information. (. Before the contract is awarded, the contracting authority shall submit the information collected in accordance with the provisions of paragraph (4) to the tenderer concerned, in order to give him the opportunity to contest or confirm that the offer thus constituted does not contain any significant errors. + Article 206 (1) The contracting authority may award public procurement contracts on the basis of a dynamic purchasing system, requesting the submission of tenders for a specific contract in the form of an electronic catalogue. (2) The contracting authority may also award public procurement contracts on the basis of a dynamic purchasing system, in accordance with the provisions of art. 205 205 para. ((3) lit. b) and para. ((4)-(6), provided that the request for participation in the dynamic purchasing system is accompanied by an electronic catalogue in accordance with the technical specifications and format established by the contracting authority. (3) The electronic catalogue provided in par. ((2) is subsequently completed by the candidates, when they are informed of the intention of the contracting authority to constitute tenders on the basis of the procedure provided for in art. 205 205 para. ((3) lit. b). + Section 11 Award of public procurement contracts and the conclusion of framework agreements + Article 207 (1) The contracting authority shall determine the winning bid on the basis of the award criterion and the assessment factors specified in the invitation to participate/the contract notice and in the procurement documents, if they are met cumulatively a) the respective offer meets all the requirements, conditions and criteria established by the contract notice and the procurement documents, considering, if applicable, the provisions of art. 162 162; b) that offer has been submitted by a tenderer who meets the criteria for qualification and, where applicable, the selection criteria and is not subject to the grounds for exclusion. ((. Where the contracting authority cannot conclude the contract with the tenderer whose tender has been established as the winner, due to the fact that the tenderer in question is in a situation of force majeure or impossibility fortuitous to execute the contract, the contracting authority has the right to declare the winning bid ranked 2nd, given that it is admissible. (3) If, in the situation referred to in par. (2), there is no offer placed on the 2nd place admissible, the provisions of art. 212 212 para. ((1) lit. e). + Article 208 By the methodological norms for the application of this law, the specific cases and conditions in which the contracting authority is entitled, within the open tender procedure, to assess the conformity of tenders with the technical specifications and the other requirements laid down in the procurement documents and to apply the award criterion and the assessment factors prior to the verification of the qualification and selection criteria. + Article 209 (1) If the information or documents submitted by the economic operators are incomplete or erroneous or if certain documents are missing, the contracting authority shall have the right to request within a certain period the bidders/candidates clarifications and, as the case may be, additions to the documents presented by them in the framework of tenders or requests to participate, in compliance with the principles of equal treatment (2) The contracting authority is not entitled as by the clarifications/completions requested to determine the appearance of an obvious advantage in favor of a bidder/candidate. + Article 210 ((1) In the case of an offer which has an apparently unusually low price or cost in relation to the works, products or services covered by the public procurement contract/framework agreement to be awarded/concluded, the authority the contracting party has the obligation to ask the tenderer who has submitted such an offer clarifications on the proposed price or cost. (2) Clarifications provided in par. (1) may refer in particular to: a) the economic foundation of the way of price formation, by reference to the production process, the services provided or the construction methods used; b) the technical solutions adopted and/or any particularly favorable conditions enjoyed by the bidder for the supply of the products or services or the execution of the works; c) originality of works, products or services proposed by the bidder; d) compliance with the obligations provided for in 51 51 para. ((1); e) compliance with the obligations provided for in 218 218; f) the possibility for the bidder to benefit from state aid. (. The contracting authority shall assess the information and documents provided by the tenderer whose tender has an apparently unusually low price and shall reject that tender only where the evidence provided does not adequately justify the level of the tender. low of the proposed price or costs, taking into account the elements referred to in paragraph 1. ((2). (4) The contracting authority shall always reject an offer when it finds that it has an unusually low price because it does not comply with the obligations laid down in Article 51 51 para. ((1). (5) When the contracting authority finds that an offer has an unusually low price because the tenderer benefits from State aid, that offer may be rejected only for this reason only if, following the clarifications requested, the bidder could not demonstrate, within a corresponding period established by the contracting authority, that the State aid was lawfully granted. (6) If the contracting authority rejects an offer for the reason provided in par. (5), will inform the European Commission after consultation with the Competition Council. + Section 12 Completion of the award procedure + Article 211 The award procedure shall be completed by: a) the conclusion of the contract of purchase/agreement; or b) cancellation of the award procedure. + Article 212 (1) The contracting authority has the obligation to cancel the procedure for the award of the public procurement contract/framework agreement in the following cases: a) if no offer/request for participation has been submitted or if no admissible offer has been submitted; b) if admissible tenders have been submitted which cannot be compared due to the uneven way of dealing with technical and/or financial solutions; c) if violations of legal provisions affect the award procedure or if it is impossible to conclude the contract; d) The National Council for the Settlement of Appeals or the court orders the modification/removal of any technical specifications from the specifications or from other documents issued in connection with the award procedure, and the authority contracting is unable to adopt remedial measures, without affecting the principles of public procurement regulated in art. 2 2 para. ((2); e) if the contract cannot be concluded with the tenderer whose tender has been established due to the fact that the tenderer in question is in a situation of force majeure or unable fortuitous to execute the contract and there is no The offer placed on the 2nd place admissible. (. For the purposes of paragraph 1. ((1) lit. c), by violations of legal provisions it is understood the situation in which, during the award procedure, errors or omissions are found, and the contracting authority is unable to adopt corrective measures without it leading in violation of the principles laid down in 2 2 para. ((2). + Article 213 (1) The contracting authority has the right to cancel the procedure for the award of the public procurement contract/framework agreement in the situations provided in art. 78 78 para. ((8), art. 82 82 para. ((8), art. 88 88 para. ((8) and art. 97 97 para. ((8). (2) The contracting authority has the obligation to make public the decision to cancel the procedure for the award of the public procurement contract/framework agreement, accompanied by the justification of the cancellation of the award procedure, through the platform electronic means provided in art. 150 150 para. (1) within the period provided for in art. 161. + Section 13 Informing candidates/tenderers + Article 214 (1) The contracting authority has the obligation to submit to the successful tenderer a communication on the acceptance of its offer, which shows its agreement to conclude the public procurement contract/framework agreement. (2) During the evaluation process, the contracting authority has the right to submit to candidates/tenderers partial results, related to each intermediate stage of this process, in accordance with the specific conditions provided by the rules methodological application of the present law. (3) The contracting authority shall determine the winning bid within a maximum of 25 days from the closing date for the submission of tenders. By exception, in duly justified cases, it may extend this period. The extension of the evaluation period shall be notified to the economic operators involved in the procedure within a maximum of two days. + Article 215 (1) The contracting authority shall inform each candidate/tenderer of the decisions taken regarding the outcome of the selection, the outcome of the procedure, namely the award/conclusion of the contract of purchase/framework agreement or admission to a dynamic purchasing system, including the underlying reasons for any decision not to award a contract, not to conclude a framework agreement, not to implement a dynamic purchasing system or to resume the procedure of award as soon as possible, but no later than 5 days after the issuance of decisions That. ((2) In the framework of the communication on the outcome of the procedure ((1), the contracting authority shall have the obligation to include: a) each candidate rejected, the concrete reasons behind the decision to reject his request for participation; b) to each tenderer who presented an unacceptable or non-compliant offer, the concrete reasons behind the decision of the contracting authority; c) to each tenderer who has submitted an admissible offer, but which has not been declared the winner, the characteristics and relative advantages of the successful bid/bids in relation to its offer, the name of the bidder to whom it is to be award the public procurement contract or, where applicable, the tenderer/tenderers with whom a framework agreement is to be concluded; d) to each tenderer who has submitted an admissible tender, information on the conduct and progress of negotiations and dialogue with tenderers. (3) The admissible offer is the offer which is not unacceptable or non-compliant. ((4) The offer is considered unacceptable if it does not meet the conditions of form related to its elaboration and presentation, as well as the qualification and selection requirements provided for in the procurement documents ((5) The offer is considered to be non-compliant if it is irrelevant to the subject matter of the contract, and cannot obviously satisfy, without substantial changes, the needs and requirements of the contracting authority indicated in the procurement documents, including where the offer does not comply with the technical specifications and/or financial conditions. (6) The request for participation is considered non-compliant if the candidate is in one of the exclusion situations provided for in art. 164 164, 165 and 167 or do not meet the qualification criteria established by the contracting authority. (7) The contracting authority has the right not to communicate certain information provided in par. ((1) and (2) on the award of the public procurement contract, the conclusion of the framework agreement or the admission to a dynamic purchasing system, in a situation where their disclosure: a) prevent the application of legal provisions or be contrary to the public interest; b) would prejudice the legitimate commercial interests of an economic, public or private operator, or could prejudice fair competition between economic operators. + Section 14 Procurement file and award procedure report + Article 216 (1) The contracting authority has the obligation to draw up the report of the award procedure for each awarded public procurement contract or framework agreement concluded, as well as for each dynamic procurement system launched. (2) The report of the award procedure provided in par. ((1) must contain at least the following documents/information: a) the name and address of the contracting authority, the object and the value of the public procurement contract/framework agreement or dynamic purchasing system; b) if applicable, the results of the qualification process and/or selection of candidates/tenderers and/or the reduction of their number during the award procedure; c) the reasons for the rejection of an offer which has an unusually low price; d) the name of the successful tenderer and the reasons why its tender has been awarded e) in so far as they are known, the party/parties in the public procurement contract/framework agreement that the successful bidder intends to subcontract to third parties and the name of subcontractors; f) justification of the reasons for the choice of the award procedure, in case of application of competitive negotiation procedures, competitive dialogue or negotiation without prior publication of a contract notice; g) justification of the reasons for which the contracting authority decided to annul the award procedure; h) where appropriate, the reasons for which other means of communication than electronic means for the submission of tenders have been used; i) where appropriate, the conflicts of interest identified and the measures taken to do so. (3) The information covered by par. ((2) lit. b) are the following: a) the names of qualified and/or selected candidates/tenderers and the reasons for these decisions; b) the names of candidates/rejected bidders and the reasons for rejection. (4) The contracting authority is not obliged to draft the report provided in par. ((1) in relation to the subsequent contracts awarded in the execution of a framework agreement, if the framework agreement is concluded in accordance with the provisions of art. 117 117 or art. 118 118 para. ((1) lit. a). (5) In so far as the announcement of the award of the public procurement contract/framework agreement contains the information provided in par. ((2), the contracting authority may refer to this notice in the report of the award procedure. (6) The report of the award procedure provided in par. (1) or any important elements of its contents shall be communicated to the European Commission or to the competent public authorities and institutions, at their request. + Article 217 (1) The contracting authority has the obligation to draw up the public procurement file for each public procurement contract/framework agreement concluded, respectively for each dynamic procurement system launched. (2) The public procurement file shall be kept by the contracting authority as long as the public procurement contract/framework agreement produces legal effects, but not less than 5 years from the date of termination of that contract. ((. In the case of cancellation of the award procedure, the file shall be kept for at least 5 years from the date of cancellation of that procedure. (4) After the completion of the award procedure, the public procurement file has a public document character. (5) Access of persons to the public procurement file according to para. (4) is carried out in compliance with the deadlines and procedures provided by the legal regulations on free access to information of public interest and can only be restricted to the extent that this information is confidential, classified or protected by an intellectual property right, according to the law. (6) By exception to the provisions of par. (5), after communication of the outcome of the award procedure, the contracting authority is obliged to allow, on request, within a period not exceeding one working day from the date of receipt of the application, the unfettered access of any tenderer/candidate to the award procedure report as well as the information in the qualification documents, technical and/or financial proposals that have not been declared by the tenderers as confidential, classified or protected by a right of intellectual property. (7) The content of the public procurement file is established by the methodological norms for the application of this law + Chapter V Execution of the public procurement contract/framework agreement + Section 1 Subcontracting + Article 218 (. The contracting authority shall make payments corresponding to the part/parts of the contract fulfilled by the subcontractors proposed, if they request, for services, products or works supplied to the contractor according to the contract between the contractor and the subcontractor in accordance with the applicable legal provisions, where the nature of the contract allows it and if the proposed subcontractors have expressed their choice in this regard. (2) For the purposes of paragraph (1), subcontractors will express at the time of the conclusion of the public procurement contract or at the time of their introduction into the public procurement contract, as the case may be, the option to be paid directly by the contracting authority. The contracting authority shall make direct payments to the approved subcontractors only when their performance is confirmed by documents agreed by all 3 parties, respectively contracting authority, contractor and subcontractor or the contracting authority and subcontractor where, unduly, the contractor blocks the confirmation of the performance of the obligations assumed by the subcontractor. (3) When a subcontractor expresses the option of being paid directly, the contracting authority has the obligation to establish in the framework of the public procurement contract mandatory contractual clauses providing for the transfer of rights of payment to the subcontractor/subcontractors for the part/parts of the related/related contract, when the fulfilment of the obligations assumed by the subcontracting contract has been confirmed, in accordance with the provisions para. ((2). (4) The contracting authority has the obligation to request, at the conclusion of the public procurement contract or when new subcontractors are introduced, the presentation of contracts concluded between the contractor and subcontractor/nominated subcontractors in the offer or subsequently declared, so that their activities, as well as the amounts related to the benefits, are included in the public procurement contract. (5) Contracts presented according to the provisions of para. ((4) must be in accordance with the offer and will be constituted in the annexes to the public procurement contract. (6) The provisions provided in par. ((1)-(5) does not diminish the liability of the contractor as regards the way of carrying out the future public procurement contract/framework agreement. + Article 219 (. The contracting authority shall require the contractor, at the latest at the time of commencement of the contract, to indicate its name, contact details and legal representatives of its subcontractors involved in the performance of the contract of public procurement, in so far as this information is known at the time. (2) The contractor has the obligation to notify to the contracting authority any changes to the information provided in par. (1) for the duration of the public procurement contract. (3) The contractor has the right to involve new subcontractors, during the execution of the public procurement contract, provided that their nomination does not represent a substantial modification of the public procurement contract, under the conditions of art. 221. (4) In the situation referred to in par. (3), the contractor will submit to the contracting authority the information provided in par. ((1) and will obtain the agreement of the contracting authority on any new subcontractors subsequently involved in the performance of the contract (5) When replacing or introducing new subcontractors takes place after the contract is awarded, they shall transmit the certificates and other documents necessary for the verification of the non-existence of exclusion situations and of resources/capabilities corresponding to their share of involvement in the contract to be fulfilled. + Article 220 For the purpose of complete information, the contracting authority shall have the right to extend the application of the obligations provided for in 219 219: a) with regard to suppliers involved in public works or service contracts; b) with regard to subcontractors of contractor subcontractors or subcontractors on sub-sequence levels of the subcontracting chain. + Section 2 Amendment of the public procurement contract/framework agreement + Article 221 (1) Public procurement contracts/Framework agreements may be amended, without the organization of a new award procedure, in the following situations: a) when the changes, whether or not they are assessable in money and regardless of their value, were provided in the original procurement documents in the form of clear, precise and unequivocal review clauses that may include price revision clauses or any other options; b) where the following conditions are cumulatively met: ((i) it becomes necessary to purchase from the original contractor some additional products, services or works which were not included in the original contract, but which have become strictly necessary in order to fulfil it; (ii) changing the contractor is impossible; (iii) any increase in the price of the contract representing the value of additional products/services/works shall not exceed 50% of the initial contract value; c) where the following conditions are met: ((i) the amendment has become necessary following circumstances which a contracting authority acting diligently could not have provided for; (ii) the amendment does not affect the general nature of the (iii) the increase in the price does not exceed 50% of the value of the original purchase contract/framework agreement; d) where the contracting authority with which the contracting authority has initially concluded the public procurement contract/framework agreement is replaced by a new contractor, in one of the following situations: ((i) as a result of a review clause or an option established by the contracting authority in accordance with point (a). a) and para. ((2); (ii) the rights and obligations of the original contractor resulting from the public procurement contract/framework agreement are taken over, following a universal or universal succession in a reorganisation process, including by merger or division, by another economic operator meeting the qualifying and selection criteria initially established, provided that this change does not entail any substantial changes to the public procurement contract/framework agreement and not to be carried out in order to circumvent the application of the award procedures provided for by this Law; ((iii) upon the early termination of the public procurement contract/framework agreement, the principal contractor shall assign to the contracting authority the contracts concluded with its subcontractors as a result of a review clause or an option established by the contracting authority according to letter a); e) when the changes, regardless of their value, are not substantial; f) when the following conditions are cumulatively met: (i) the value of the change is less than the corresponding thresholds provided for in art. 7 7 para. ((1); (ii) the value of the change is less than 10% of the purchase contract price/initial framework agreement, in the case of public service contracts or products, or less than 15% of the purchase contract price the publication/initial framework agreement in the case of public works contracts. (2) In the situation referred to in par. ((1) lit. a), the review clauses specify the object, limits and nature of any changes or options, as well as the conditions under which they may be used and may not establish changes or options that would affect the general nature of the contract public procurement or framework agreement. (3) For the purposes of paragraph 1 ((1) lit. b), the change of the contractor is impossible when the following conditions are cumulatively met: a) the change of the contractor cannot be carried out for economic or technical reasons, such as requirements regarding interchangeability or interoperability with existing equipment, services or installations acquired in the framework of the initial acquisition; b) the change of contractor would cause the contracting authority significant difficulties or significant increase in costs. (4) If the increase of the contract price is carried out by several successive amendments according to par. ((1) lit. b) and c), the cumulative value of the contract changes shall not exceed by more than 50% the value of the original contract. (5) The contracting authority has no right to make successive amendments to the public procurement contract/framework agreement according to par. ((1) lit. b) and c) in order to circumvent the application of the award procedures provided for by this Law. (6) Contracting authorities amending a public procurement contract/framework agreement in the cases referred to in par. ((1) lit. b) and c) have the obligation to publish an announcement in this regard in the Official Journal of the European Union and at national level, in compliance with the standard form established by the European Commission pursuant to the provisions of art. 51 51 of Directive 2014 /24/EU of the European Parliament and of the Council of 26 February 2014. (7) A modification of a public procurement contract/framework agreement during the period of validity shall be considered as a substantial modification within the meaning of paragraph 1. ((1) lit. e) where at least one of the following conditions is fulfilled: a) the amendment introduces conditions which, if included in the original award procedure, would have allowed the selection of candidates other than those originally selected or the acceptance of an offer other than that originally accepted or would have attracted other participants in the award procedure; b) the modification changes the economic balance of the public procurement contract/framework agreement in favour of the contractor in a way that was not provided for in the original procurement contract/framework agreement; c) the modification considerably extends the subject-matter of the public procurement contract/framework agreement; d) a new contractor replaces the original contractor, in other cases than those provided in par. ((11). (8) The modification of the public procurement contract/framework agreement under the conditions provided in par. ((7) may not affect the general nature of the public procurement contract or the framework agreement. (9) In the situation referred to in par. ((8), if several successive amendments are made, the value of the changes shall be determined on the basis of the cumulative net value of the successive changes. (10) For the calculation of the price mentioned in paragraph ((1) lit. b) section ((iii), lit. c) section ((iii) and at lit. f) the updated price of the public procurement contract/framework agreement, which is the reference value when the public procurement contract includes an indexation clause, will be used. (11) For the purposes of this Article, the general nature of the contract shall mean the main objectives pursued by the contracting authority in carrying out the initial acquisition, the main object of the contract and the principal of the contract, including the main quality and performance requirements. (12) The methodological norms for the application of this law shall be established by the contracting authority to notify the institution responsible for the ex-ante control of the intention to make changes to the procurement contracts public/framework agreements under the conditions of this Article. + Article 222 (1) Any modification of a public procurement contract or framework agreement during its period of validity other than in the cases and conditions provided in art. 221 is carried out by organizing a new award procedure, in accordance with the provisions of this law. (2) In case of non-compliance with the provisions (1), the contracting authority has the right to unilaterally denounce the initial public procurement contract. (3) The contracting authority introduces the right of unilateral denunciation provided in par. (2) under the contractual conditions contained in the award documentation. + Chapter VI Specific cases of termination of the public procurement contract + Article 223 ((. Without prejudice to the provisions of the common law on the termination of contracts or the right of the contracting authority to require the absolute nullity of the public procurement contract, in accordance with the provisions of law the contracting authority has the right to unilaterally denounce a public procurement contract during its period of validity in one of the following situations: a) the contractor is, at the time of award of the contract, in one of the situations that would have determined his exclusion from the award procedure according to art. 164-167 164-167; b) the contract should not have been awarded to the contractor concerned, in view of a serious breach of the obligations resulting from the relevant European legislation and which was found by a decision of the Court of Justice of the European Union. (2) The contracting authority introduces the right of unilateral denunciation provided in par. ((1) under the contractual conditions contained in the award documentation. + Chapter VII Contraventions and penalties + Article 224 (1) The following acts constitute contraventions, if they were not committed under such conditions as to be considered, according to the criminal law, crimes: a) failure to carry out the decisions of the National Council for the Settlement of Appeals; b) any violation of the provisions of this law or of the normative acts issued in its application, having as effect the violation of the provisions of 2 2; c) the award of a contract for the public acquisition/framework agreement or the organization of a contest of solutions without the prior publication of an invitation to participate in a competitive bidding procedure, in cases where its publication is mandatory according to art. 111 111 para. ((1) lit. a) and art. 144 144; d) violation of art. 11 11 para. ((2); e) violation of the rules of elaboration of the technical specifications provided in art. 155 155 para. ((6); f) violation of the advertising and transparency rules provided in art. 111 111 para. ((1) lit. b) and art. 142-150 142-150; g) the use of other qualification and selection criteria than those provided in art. 163 or of other award criteria than those provided for in art. 187 187 para. ((3); h) incorrect application, within the qualification/selection process and/or evaluation of qualification and selection criteria, award criterion or evaluation factors; i) failure to provide ANAP, within the requested period, of the information on the award of public procurement contracts/framework agreements, which it requests for the purpose of carrying out its functions; j) violation of art. 207 207 para. ((1); k) cancellation of an award procedure in cases other than those provided in art. 212 212 and 213 or the creation of artificial circumstances of cancellation of the award procedure; l) violation of art. 215 215 para. ((1). (2) Contraventions provided in par. (1) is sanctioned with a fine of between 5,000 lei and 30,000 lei. + Article 225 By exception, in the case of public procurement contracts financed by European funds and/or from national public funds related to them, the provisions of art. 224 224 applies only if the contravention found does not constitute misconduct in accordance with the provisions of Government Emergency Ordinance no. 66/2011 on the prevention, finding and sanctioning of irregularities arising from the obtaining and use of European funds and/or their national public funds, approved with amendments and additions Law no. 142/2012 , with subsequent amendments and completions. + Article 226 (1) The finding of contraventions and the application of sanctions shall be carried out by persons empowered for this purpose by the Court of Accounts of Romania, respectively ANAP, depending on the institution that makes the deviation. (2) The application of the sanction with contravention fine is prescribed within 36 months from the date of the act. + Article 227 (1) The contravention sanction applies to the contracting authority, which, depending on the concrete situation, orders the taking of measures against the persons involved in the conduct of the public procurement that was the subject of the contravention. (2) The commission of the contravention act does not necessarily involve the occurrence of injury. (3) The establishment of the damage must take into account the circumstances of the contravention act and be substantiated. + Article 228 Contraventions provided for in art. 224 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 13 13 para. ((1), art. 28 28 and 29. + Chapter VIII Transitional and final provisions + Article 229 (1) In any situation where a contracting authority intends to carry out a project by awarding a long-term contract comprising either the execution of works and the operation of the result of the works, or the provision, management and the operation of services, the contracting authority has the obligation to develop a substantiation study demonstrating the need and the opportunity to carry out the project in this way. (2) Provisions of para. ((1) shall also apply if the long-term project involves the creation of a company having as its shareholders the economic operator, on the one hand, and the contracting authority or the contracting entity, on the other. (3) The substantiation study provided in par. ((1) is based on a feasibility study in the case of projects involving the execution of works. + Article 230 (1) By the foundation study referred to in art. 229 229 para. ((1), the contracting authority is required to consider whether the award of the contract involves the transfer of a significant part of the operating risk to the economic operator as defined in the works concessions law; and service concessions. (2) If, as a result of the analysis provided in par. (1), the contracting authority finds that a significant part of the operating risk will not be transferred to the economic operator, that contract will be considered a public procurement contract. + Article 231 Insofar as this law does not provide otherwise, the provisions of common law shall apply. + Article 232 (1) The national public procurement system comprises regulatory functions, operational assistance and support, ex-ante control, ex-post control, monitoring, supervision, conflict of interest detection, fight against rigged tenders and other functions having as objective the observance of the principles provided in 2 2 para. ((2). (2) The methodological norms for the application of this law shall detail the specific obligations and responsibilities of the contracting authorities in relation to the performance of these functions. + Article 233 ANAP elaborates methodological norms for the application of this law that it submits for adoption to the Government within 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 234 (1) In order to carry out the tasks provided for in the National Strategy in the field of public procurement and in this law, the staff of the Court of Accounts of Romania shall be increased by 250 (2) The Ministry of Public Finance is authorized to introduce the financial influences resulting from the application of para. (1) in the budget of the Court of Accounts of Romania for 2016. + Article 235 (1) For trans-European transport infrastructure projects located on the Central and Global Transport Network (TEN-T), as defined by the provisions of art. 9 9 para. ((1) and of art. 38 38 of Regulation (EU) No 1.315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision no. 661 661 /2010/EU , as well as connecting roads and bypass variants of urban localities, how to certify the economic and financial situation, as well as the technical and professional capacity of the economic operators participating in the public procurement procedures will be regulated by Government decision, at the initiative of the Ministry of Transport, within 90 days from the entry into force of this law. (2) The modality of replacement of subcontractors/specialized personnel nominated for the performance of the contract/members of the association, during the period of implementation of the contract, will be regulated within a separate chapter of the rules methodological application of the present law. (3) For the purposes of paragraph 1 (1), the method of certification of the economic and financial situation and of the technical and professional capacity of economic operators refers to the regulation of a certification system for public procurement procedures for projects trans-European transport infrastructure in order to fulfil the qualification and selection criteria by economic operators. + Article 236 (. This law shall apply to the award procedures initiated after the date of its entry into force. (2) The award procedures in progress on the date of entry into force of this Law shall apply to the law in force on the date of initiation of the award procedure. (3) This law shall apply to public procurement contracts/framework agreements concluded after the date of its entry into force. (4) Public procurement contracts/Framework agreements concluded before the date of entry into force of this Law are subject to the provisions of the law in force on the date when they were concluded in respect of the conclusion, amendment, interpretation, effects, execution and termination thereof. + Article 237 Government Emergency Ordinance no. 13/2015 on the establishment, organization and functioning of the National Agency for Public Procurement, published in the Official Gazette of Romania, Part I, no. 362 of 26 May 2015, approved by Law no. 244/2015 ,, shall be completed as follows: " In Article 5, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: " (6 ^ 1) The number of civil servants within each regional structure of ANAP provided in par. (6) is at least 30, of which at least 2 operates in the municipalities of residence of the counties of each regional structure. "" + Article 238 The date of entry into force of this Law shall be repealed: a) Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, published in the Official Gazette of Romania, Part I, no. 418 of 15 May 2006, approved with amendments and additions by Law no. 337/2006 , with subsequent amendments and completions; b) any other provisions contrary to any other normative acts. + Article 239 Annexes no. 1 and 2 are an integral part of this law. + Article 240 (1) The present law shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I. (2) By exception to the provisions of par. (1) the provisions of Article 199 199 para. ((2) shall enter into force on 18 October 2018. * This law transposes art. 3 3, art. 5 5, art. 7-21 7-21, art. 23 23, art. 24 24, art. 27 27, art. 29-36 29-36, art. 38 38, art. 40-43 40-43, art. 45 45, art. 47 47, art. 49 49, art. 50 50, art. 52 52, art. 53 53, art. 55 55, art. 57 57, art. 58 58, art. 63 63, art. 65-67 65-67, art. 70 70, art. 72-74 72-74, art. 76 76, art. 78 78, art. 81 81, art. 82 82, art. 84 84 of Directive 2014 /24/EU on public procurement and repealing Directive 2004 /18/EC ,, published in the Official Journal of the European Union (JOUE), L series, no. 94 of March 28, 2014, and partially art. 1 1 para. ((1) and (2), art. 2 2 para. ((1) pt. 1, 4-24, art. 4 4, art. 6 6 para. ((3), art. 22 22 para. ((1) the first and fifth subparagraphs, para. ((2), para. (3), para. ((5), art. 23 23 para. ((1) paragraph (1), art. 26 26 para. ((1)-(4), para. ((5) first subparagraph, para. ((6), art. 28 28 para. ((1)-(6), art. 37 37 para. ((1) the first and second subparagraphs, para. ((2)-(4), art. 39 39 para. ((1), para. ((2) the first subparagraph, art. 44 44 para. ((1), para. ((2), art. 46 46 para. ((1)-(3), art. 48 48 para. ((1), art. 51 51 para. ((1) first subparagraph, para. ((2) the second subparagraph, art. 54 54 para. ((1) first subparagraph, para. ((2), art. 56 56 para. ((1)-(3), art. 59 59 para. ((1)-(6), art. 60 60 para. ((1), para. ((2) the first and second subparagraphs, para. (3), para. ((4), art. 61 61 para. ((1), para. ((2), art. 62 62 para. ((1), para. ((2), art. 64 64 para. ((1), para. ((3)-(5) first subparagraph, para. ((7), art. 68 68 para. ((1), para. ((2), para. ((3) the first subparagraph, art. 69 69 para. ((1)-(4), art. 71 71 para. ((1)-(4), para. ((5) the first, second and third subparagraphs, art. 75 75 para. ((1), para. ((2), para. ((4), art. 77 77 para. ((1)-(5), art. 79 79 para. ((1), para. ((2), para. ((3) paragraph (1), art. 80 80 para. ((1), art. 83 83 para. ((1), para. ((2), para. ((4)-(6), art. 85 85 para. ((3), art. 86 86, art. 90 90 para. ((1)-(5), art. 91 91 the first subparagraph of Directive 2014 /24/EU ,, published in the Official Journal of the European Union (JOUE), L series, no. 94 94 of 28 March 2014. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, May 19, 2016. No. 98. + Annex 1 *Font 8 * ┌ --------------------------------------------------------------------------------------------------- | NACE Rev. 1* 1) | | ├ --------------------- ----------------------------------------------------------------------------- | CPV Code | | SECTION F | CONSTRUCTION | | | ├ --------- [...] [...] [...] [...] [...] [...] [...] | Division | Group | Class | Description | Notes | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | 45 | | | Construction | This division includes: | 45000000 | | | | | |-construction of new buildings and works, | | | | | | | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | 45.1 | | Preparation | | 45100000 | | | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.11 | Demolari de | This class includes: | 45110000 | | | | | | | |-demolition of buildings and other structures; | | | | | | | | | | | | | | earthworks |-clearance of construction sites; | | | | | | | | |-earthworks: excavation, | | | | | | | | | | | | | | | filling, leveling the yards | | | | | | | | | construction, trench digging, removal | | | | | | | | | | rocks, demolition by explosion etc.; | | | | | | | | |-preparation of construction sites | | | | | | | | | | | | | | | | | | | | | |-soil removal and other work | | | | | | | | | development and preparation of land and a | | | | | | | | | | mining sites. | | | | | | | | | This class also comprises: | | | | | | | | | | |-draining construction sites; | | | | | | | | |-drainage of agricultural land and | | | | | | | | forestry. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.12 | Drilling works | This class includes: | 45120000 | | | | | | | | | experimental surveys, drilling | | | | | | | | | | recognition and carotages for construction, | | | | | | | | | as well as for geophysical, geological studies | | | | | | | | or other similar studies. | | | | | | | | | This class does not include: | | | | | | | |-drilling of crude oil extraction wells | | | | | | | | or natural gas, see 11.20; | | | | | | | | |-drilling water wells, see | | | | | | | | 45.25; | | | | | | | | | |-digging of wells, see 45.25; | | | | | | | | |-prospecting for crude oil deposits and | | | | | | | | | natural gas as well as geophysical studies, | | | | | | | | geological and seismic, see 74.20. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | 45.2 | | Works | | 45200000 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.21 | General Works | This class includes: | 45210000 | | | | | | | | construction |-construction of buildings of all types | except: | | | | | | of buildings and | and civil engineering; | 45213316 | | | | | | | | | bridges, including those intended for support | 45220000 | | | | | | | | | civil genius | suspended roads, viaducts, tunnels and | 45231000 | | | | | underground passages; | 45232000 | | | | | | |-pipelines, lines of communications and lines | | | | | | | | | electric | | | | | | | | | | | | | | | |-pipelines, lines of communications and lines | | | | | | | | | electric for urban networks; | | | | | | | |-related works of urban planning; | | | | | | | |-assembly and installation of construction | | | | | | | | prefabricated on construction sites. | | | | | | | | | This class does not include: | | | | | | |-services relating to extraction | | | | | | | | | | crude oil and natural gas, see | | | | | | | | | | | 11.20; | | | | | | | | |-construction of complete works | | | | | | | | prefabricated from elements of other materials | | | | | | | | | | | | | | | | | | | | | | | | | | | execute the works, see the divisions | | | | | | | | 20, 26 and 28; | | | | | | | |-construction works, other than those | | | | | | | | | of buildings, for stadiums, swimming pools, halls | | | | | | | | | | sports, tennis courts, circuits | | | | | | | golf and other sports facilities, see | | | | | | | | | | | 45.23; | | | | | | | | |-works of installations for construction, | | | | | | | | | see 45.3; | | | | | | | | | |-finishing works, see 45.4; | | | | | | | |-architecture and engineering activities, | | | | | | | | | see 74.20; | | | | | | | | | |-management of construction projects, | | | | | | | | see 74.20. | | | └ --------- ----- -----; [...] [...] [...] [...] [...] [...] Note
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* * 1) Commission Implementing Regulation (EU) No 3.037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1 1).
---------- *Font 8 * ┌ --------------------------------------------------------------------------------------------------- | NACE Rev. 1* 1) | | ├ --------------------- ----------------------------------------------------------------------------- | CPV Code | | SECTION F | CONSTRUCTION | | | ├ --------- [...] [...] [...] [...] [...] [...] [...] | Division | Group | Class | Description | Notes | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.22 | Lifting | This class includes: | 45261000 | | | | | | sarpante and |-the lifting of sarslopes; | | | | | | | | | | | | | | | | | | | | | | | | | |-waterproofing works. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.23 | Construction | This class includes: | 45212212 and DA03 | | | | | | highways, |-construction of highways, of roads, | 45230000 | | | | | | roads, | of roads, other paths for vehicles and | except: | | | | | aerodromes and | pedestrians; | 45231000 | | | | | | | | | | | | | | 45232000 | | | | | | | | | | | | | construction of tracks | 45234115 | | | | | | landing-taking-off; | | | | | | | |-construction works, other than those | | | | | | | | | of buildings, for stadiums, swimming pools, halls | | | | | | | | | | sports, tennis courts, circuits | | | | | | | golf and other sports facilities; | | | | | | | | |-marking with paint of road surfaces | | | | | | | | | and parking spaces. | | | | | | | | | This class does not include: | | | | | | |-preliminary earthworks, see | | | | | | | | | 45.11. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.24 | Works | This class includes the construction of: | 45240000 | | | | | hydrotechnical |-waterways, ports, river works, | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |-dams and embankments; | | | | | | | |-dredging; | | | | | | | |-underwater works. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.25 | Other works by | This class includes: | 45250000 | | | | | | construction care |-specialized construction activities | 45262000 | | | | | | involves works | involving a common aspect for May | | | | | | | | | | | | | | | | | | | | | | | | | | | specialized skills or equipment; | | | | | | | |-the realization of foundations, including | | | | | | | | | installation of pilots; | | | | | | | | |-drilling and construction of water wells, | | | | | | | | | | | | | | | | | | | | | | | |-mounting elements of metal structure | | | | | | | | | what are not manufactured by the unit that | | | | | | | | | | | | | | | | | | | | |-bending of metal structures; | | | | | | | |-building works with brick or stone; | | | | | | | | | |-mounting and dismantling the skeletons and | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |-construction of chimneys and | | | | | | | | | industrial ovens. | | | | | | | | | This class does not include: | | | | | | |-renting scaffolding without mounting and | | | | | | | | | disassembly, see 71.32. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | 45.3 | | Works | | 45300000 | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.31 | Works | This class includes: | 45213316 | | | | | | | installations |-installation, in buildings or in other | 45310000 | | | | | | electric | construction projects, of the following | except: | | | | | | | | items: | 45316000 | | | | | | |-cables and electrical connections; | | | | | | | |-telecommunications systems; | | | | | | | |-electric heating installations; | | | | | | | |-antennas for residential buildings; | | | | | | | |-fire alarm systems; | | | | | | | | |-burglar alarm systems; | | | | | | | | |-lifts and escalators; | | | | | | | | | | | |-paratrasnet etc. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.32 | Works | This class includes: | 45320000 | | | | | | | | | | installation, in buildings or in other | | | | | | | | | construction projects, insulation | | | | | | | | | | | | | thermal, acoustic or against vibration. | | | | | | | | | | | | This class does not include: | | | | | | |-waterproofing works, see | | | | | | | | | 45.22. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.33 | Installations | This class includes: | 45330000 | | | | | |-installation, in buildings or in other | | | | | | | | | construction projects, the following | | | | | | | | | | | | | | | | | | |-plumbing and sanitary equipment; | | | | | | | |-equipment for gas distribution; | | | | | | | |-equipment and heating pipes, | | | | | | | | | ventilation, refrigeration or | | | | | | | | | climatization; | | | | | | | | |-fire extinguishing installations with | | | | | | | | | sprinklere. | | | | | | | | | This class does not include: | | | | | | |-installation of electrical systems | | | | | | | | | heating, see 45.31. | | | └ --------- ----- -----; [...] [...] [...] [...] [...] [...] Note
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* * 1) Commission Implementing Regulation (EU) No 3.037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1 1).
---------- *Font 8 * ┌ --------------------------------------------------------------------------------------------------- | NACE Rev. 1* 1) | | ├ --------------------- ----------------------------------------------------------------------------- | CPV Code | | SECTION F | CONSTRUCTION | | | ├ --------- [...] [...] [...] [...] [...] [...] [...] | Division | Group | Class | Description | Notes | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.34 | Other works by | This class includes: | 45234115 | | | | | | | installations |-installation of lighting systems and | 45316000 | | | | | | | signaling for roads, railways, | 45340000 | | | | | | airports and ports; | | | | | | | | |-installation, in buildings or in other | | | | | | | | | construction projects, installations and | | | | | | | | | | | | | | | | | | | | | | | | | part. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | 45.4 | | Works | | 45400000 | | | | | | finishing | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.41 | Tencuire | This class includes: | 45410000 | | | | | | |-application, in buildings or in other projects | | | | | | | | | | | construction, ipsos and stucului | | | | | | | | | | | for interior structures or ornaments | | | | | | | | | exterior, including materials | | | | | | | | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.42 | Tamplarie and | This class includes: | 45420000 | | | | | | carpentry |-installation of doors, windows, heels and | | | | | | | | | frames for doors and windows, kitchens | | | | | | | | | | equipped, stairs, equipment for shops | | | | | | | | | | | | | | | | | | | | | | | | | | other materials, which are not manufactured by | | | | | | | | | | | | | | | | | | | | | |-interior design, such as ceilings, | | | | | | | | wood paneling, mobile partitions | | | | | | | | etc. | | | | | | | | | This class does not include: | | | | | | | |-coverage with parquet or other floors | | | | | | | | wooden, see 45.43. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.43 | Dressing | This class includes: | 45430000 | | | | | | floors and a |-installation, in buildings or in other | | | | | | | | walls | construction projects, the following | | | | | | | | | | | | | | | | | | |-ceramic, concrete or stone tiles for | | | | | | | | walls or floors; | | | | | | | | | |-parquets and other wooden floors, | | | | | | | | | | mochete and linoleum; | | | | | | | | |-including rubber or plastic; | | | | | | | | |-floor cladding materials or a | | | | | | | | | | walls of terrazzo, marble, granite or | | | | | | | | | | | | | | | | | | | | |-wallpapers. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.44 | Vopsitorious and | This class includes: | 45440000 | | | | | | | | | indoor and outdoor painting | | | | | | | | | | | | | | | | | | | | | | |-painting construction structures | | | | | | | | | civile; | | | | | | | | |-installation of glass, mirrors, etc. | | | | | | | | | This class does not include: | | | | | | | |-installation of windows, see 45.42. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | 45.45 | Other works by | This class includes: | 45212212 and DA04 | | | | | | | finishing |-installation of private pools; | 45450000 | | | | | | |-cleaning of the outer walls of | | | | | | | | | | | | | | | | | | | | | | | | | blasting or other similar methods; | | | | | | | | | | |-the other completion works and | | | | | | | | | | | finishing of unclassified buildings in another | | | | | | | | part. | | | | | | | | | This class does not include: | | | | | | | |-cleaning the interior walls of | | | | | | | | | | buildings and other constructions, | | | | | | | | see 74.70. | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | 45.5 | | Renting | | 45500000 | | | | | | | | | | | | | | | | | construction or | | | | | | | | | demolition with | | | | | | | | | | | | | | ├ --------- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 ---- | | | | 45.50 | Renting | This class does not include: | 45500000 | | | | | | | | equipment |-car rental and equipment | | | | | | | | | construction or | construction or demolition without operator, | | | | | | | demolition with | see 71.32. | | | | | | | | | | | | └ --------- ----- -----; [...] [...] [...] [...] [...] [...] Note
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* * 1) Commission Implementing Regulation (EU) No 3.037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1 1).
---------- + Annex 2 *Font 8 * ┌ -------------------------------------------------------------------- [...] | CPV Code | Description | ├ -------------------------------------------------------------------- [...] | 75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [Services | Health services, services | household personal supply]; 79624000-4 [Social services and related services insurance services | nursing staff] and 79625000-1 [Insurance Services | | | medical personnel] from 85000000-9 to 85323000-9; 98133100-5, | | | | 98133000-4; 98200000-5; 98500000-8 [Private homes with staff | | | employee] and 98513000-2-98514000-9 [Labour force services | | | for private individuals, Agency staff services for | | | particularities, Office staff services for individuals, | | | | Staff services temporarily hired for individuals, Services | | | Home Assistance and Domestic Services] | | | ├ -------------------------------------------------------------------- [...] | 85321000-5 and 85322000-2, 75000000-6 [Administration services | Administrative social services, | Public, defense and social insurance], 75121000-0, | education services, services | | 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from | health and services | | 80000000-4 Education and vocational training services at cultural | | | 80660000-8; from 92000000-1 to 92700000-8 | | | | 79950000-8 [Organization of exhibition, trade fair and | | | | | | congresses], 79951000-5 [Seminar organization services], | | | | 79952000-2 [Event services], 79952100-3 [Services | | | cultural events organization], 79953000-9 [Services | | | festival organization], 79954000-6 [Organization services | | | parties], 79955000-3 [Organizing services of presentations | | | Fashion], 79956000-0 [Organization of trade fairs and exhibitions] | | ├ -------------------------------------------------------------------- [...] | 75300000-9 | Social Insurance Services | | | mandatory * 1) | ├ -------------------------------------------------------------------- [...] | 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, | Allowance services | | 75314000-0, 75320000-5, 75330000-8, 75340000-1 | | ├ -------------------------------------------------------------------- [...] | | 98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 | Other Community services, | | | social and personal, including | | | services provided by organizations | | | union, by organizations | | | political, by youth associations | | | various services provided by | | | associative organizations | ├ -------------------------------------------------------------------- [...] | 98131000-0 | Religious services | ├ -------------------------------------------------------------------- [...] from 55100000-1 to 55410000-7; from 55521000-8 to 55521200-0 | Hotel services and | | [55521000-8 Home catering services, 55521100-9 Services | restaurants | home food delivery | 55521200-0 Delivery services | | food] | | | | 5552000-1 Catering services, 55522000-5 Catering services | | | for transport companies, 55523000-2 Catering services | | | for other companies or institutions, 55524000-9 Services | | | | catering for schools | | | 55510000-8 Canteen Services, 55511000-5 Canteen Services and | | | other café services with restricted clientele, 55512000-2 Services | | | canteens management, 55523100-3 Restaurant services for | | | schools | | ├ -------------------------------------------------------------------- [...] | from 79100000-5 to 79140000-7; 75231100-5; | Legal services, as far as | | | which are not excluded under | | | art. 29 29 para. ((3) | ├ -------------------------------------------------------------------- [...] from 75100000-7 to 75120000-3; 75123000-4; 75125000-8 to | Other administrative services | | 75131000-3 | | government services | ├ -------------------------------------------------------------------- [...] | from 75200000-8 to 75231000-4; | Service Provisions for | | | community | ├ -------------------------------------------------------------------- [...] | 75231210-9 to 75231230-5; 75240000-0 to 75252000-7; | Prison-related services, | | 794300000-7; 98113100-9 | public security and | | | rescue, as far as not | | | are excluded pursuant to art. 29 29 | | | para. ((1) lit. h) | ├ -------------------------------------------------------------------- [...] | from 79700000-1 to 79721000-4 [Investigation and investigation services | Investigation services and | | Safety, Safety Services, Safety | Safety Monitoring Services | alarm systems, Guard services, Surveillance services, | | | | Location services, Transfugitives location services, | | | Patrol services, Badge release services | | | Identification, Investigation Services and Agency Services | | | detectives] 79722000-1 [Graphology services], 79723000-8 [Services | | | Waste analysis] | | | ├ -------------------------------------------------------------------- [...] | 98900000-2 [Services provided by organizations and bodies | International services | extraterritorial] and 98910000-5 [Organization-specific services | | | and international bodies] | | | ├ -------------------------------------------------------------------- [...] | 64000000-6 [Postal and telecommunications services], 64100000-7 | Postal services | | [Postal and courier services], 64110000-0 [Postal services], | | | | 64111000-7 [Postal distribution postal services and a | | | | periodicals], 64112000-4 [Postal services for distribution | | | correspondence], 64113000-1 [Postal services for distribution of | | | parcels], 64114000-8 [Post office counter services], | | | | 64115000-5 [Postal box rental], 64116000-2 [Services | | | post-restant], 64122000-7 [Courier and messaging services | | | Internal | | | | | | ├ -------------------------------------------------------------------- [...] | 50116510-9 [Tyre reset services], 71550000-8 [Services of | Various services | hardware] | | └ -------------------------------------------------------------------- [...] Note
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* 1) These services are not covered by this law if they are organized in the form of non-economic services of general interest.
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