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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Law No. 98 of 19 may 2016 (* updated *) procurement (updated until June 9, 2016 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions section 1 Object, purpose and principles Article 1 this law shall regulate the manner in which public procurement procedures for the award of public procurement contracts and for the organisation of design contests, specific tools and techniques that can be used for the award of public procurement contracts, as well as certain specific aspects in connection with public procurement contracts.


Article 2 (1) the purpose of this law is to ensure the legal framework necessary to accomplish the acquisition of goods, works and services in conditions of economic and social efficiency.
  

(2) the principles underlying the award of contracts by invitation to tender and the organisation of design contests are: a) non-discrimination;
  

b) equal treatment;
  

c) mutual recognition;
  

d) transparency;
  

e) proportionality;
  

f) assuming liability.
  


Section 2 of the Definitions in article 3 (1) for the purposes of this law, the terms and expressions below have the following meaning: a) misconduct-conduct breaches affecting the credibility of the economic operator concerned, such as violations of intellectual property rights, committed with intent or through gross negligence, including violations of ethics rules in the strict sense of the profession to which this operator belongs;
  

(b) acquisition or procurement)-purchase of works, products or services through a public procurement contract by one or more Contracting authorities from operators designated by them, irrespective of whether the works, products or services are intended for either a public interest;
  

c) framework agreement-agreement concluded in writing between one or more Contracting authorities and one or more economic operators which is to lay down the terms and conditions governing public procurement contracts to be awarded during a specific period, in particular with regard to price and, where appropriate, the quantities envisaged;
  

d) acquisition activities-activities which consist in the provision of assistance and support for acquisition activities, in particular technical infrastructure allowing Contracting authorities awarding of public procurement contracts or concluding framework agreements for works, products or services, or assistance and advice on carrying out procedures for structuring times getting published, or preparing and managing procurement processes on behalf of and for the benefit of the contracting authority concerned;
  

e centralized acquisition) activities-activities of a centralized procurement unit on an ongoing basis through the purchase in their own names of products and/or services of a contracting authority, other times through the awarding of public procurement contracts or concluding framework agreements for works, products or services on behalf and for another/other contracting authority/authorities;
  

f) notice of intent valid continuously-notice of intent published by the contracting authority as a way to initiate a procurement procedure for the acquisition of social services or other specific services, as set out in the annex. 2, alternative notice of invitation, which referred specifically to the categories of services which are the subject of contracts to be awarded, it indicates that those contracts are awarded without publication of a contract notice and invite interested economic operators to express their interest in writing to participate in the award procedure;
  

g) candidate-any economic operator who has submitted a request to participate within a restricted tender procedure competitive negotiated, competitive dialogue or partnership, innovation, or has been invited to participate in a negotiated procedure without prior publication;
  

h) labelling requirements-the requirements that must be met by works, products, services, processes or procedures in order to obtain a specific label;
  

I) life cycle phases-successive Assembly and/or interdependent, which include research and development to be carried out, production, marketing and its conditions, transport, use and maintain, throughout the duration of the existence of a product or of a work or provision of a service, from raw material acquisition times generating up to remove resources, cleaning up the site and service or use;
  

j) solutions-contests procedures allowing the contracting authority to acquire, mainly in the field of spatial planning and urbanism, architecture and engineering or data processing, a plan or a project, selected by a panel of judges on the basis of competition, with or without provision of awards;
  

k) construction-the result of a series of works for construction of buildings and civil engineering works, which may satisfy himself by an economic or technical function;
  

l) public procurement contract-contract for pecuniary interest, law, equated the 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, the supply of products or the provision of services;
  

m) contract for procurement of works-public procurement contract which has as its object: either only the execution, or both the design and execution of work in relation to one of the activities set out in the annex. 1; be exclusive execution, or both the design and execution of a building; or the realisation, by whatever means, of a building that meets the requirements laid down by the contracting authority which exercises a determining influence on the type of design or construction;
  

n) public procurement contract of goods-purchase agreement which relate to the purchase of products through the purchase, including purchase, rental, lease rates with or without an option to purchase, or by any other contractual modalities under which the contracting authority is entitled to benefit from these products, whether or not they acquired ownership thereof; public procurement contract may include products, works, location and times of operation of the installation;
  

a public procurement contract) services-public procurement contract having as their object the provision of services other than those covered by a tender works according to subparagraph (a). m);
  

p) long-term contract-tendering contract concluded for a period of at least 5 years which includes duration times of the construction works, if it has a component that consists of the execution of works or the construction, as well as the duration of the provision of services, the contractor determined so as to obtain a reasonable return on investment;
  

Contracting-q) any economic operator who is party to a contract tendering;
  

CPV-r) classification of reference in the field of public procurement, adopted by Regulation (EC) No 1782/2003. 2.195/2002 of the European Parliament and of the Council of 5 November 2002 on the common procurement Vocabulary (CPV);
  

DUAE-s) single european procurement document provided in electronic format by using the standard format established by the European Commission, the statutory declaration of the economic operator with regard to compliance with the criteria for qualification and selection;
  

t) e-Certis electronic system implemented and managed by the European Commission containing the information relating to the certificates and other documents commonly requested by the contracting authorities in the framework of procurement procedures;
  

u) label-any document, certificate or attestation confirming that works, products, services, processes or procedures in order to meet certain requirements;
  

European technical assessment)-evaluation of the performance of a documented product for the building industry, in terms of the essential features thereof, in accordance with the respective european assessment document as defined in article 2. 2 item 12 of the Council Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 by laying down harmonised conditions for the marketing of construction products and repealing Directive 89/106/EEC;
  

w) vendor-entity shall make available to a contractor products including installation services or location thereof, if any, or providing services to it, which does not have the status of subcontractor;
  

x) acquisition service provider-a person governed by public or private law which offers on the market activities of acquisition.
  


y) document of purchase-notice of invitation to tender documentation, as well as any additional document issued by the contracting authority or which it made to describe determining elements of the times of acquisition or of the tendering procedure;
  

z)-award documentation document comprising the acquisition requirements, criteria, rules and other information necessary to ensure that economic operators a complete, correct information and explicit with regard to the requirements or elements of acquisition, subject of the contract and how the conduct of the tendering procedure, including the technical specifications, the descriptive document times contractual conditions proposed presentation formats, documents by candidates/tenderers General information obligations applicable;
  

AA) innovation-making a product, service or process new or significantly improved production processes, including construction, or new methods of trading times new organizational methods, business organization of the workplace or the external relations of the Organization, inter alia, in order to help solve societal challenges or to support the Europe 2020 strategy for smart growth ecological and inclusion, favourable;
  

BB) electronic auction process conducted through electronic means repeat after an initial evaluation of the tenders, complete within which bidders have the ability to cut prices and/or to improve other values of some elements of the offer, which allows classification of tenders by automated methods of assessment;
  

CC) official lists-lists administered by the competent bodies, including information on economic operators registered on the lists and that represents a means of proof of compliance with qualification requirements and selection set out in the list;
  

lot-DD) each part of the object of the contract tender, object that is split to accommodate the size of the individual procurement results so as to correspond better to the needs of the contracting authority, as well as the capacity of small and medium enterprises, or qualitative basis, according to the different trades and specializations involved in order to adapt the contents of individual contracts more closely to specialized sectors of SMEs or according to the different phases of the project;
  

EE) works of genius-civil construction works under class 45.21, 45.24 45.25 45.23, and in annex 4. 1, except for those which have as their object the construction of buildings;
  

FF) electronic means-electronic equipment for the processing including digital compression and storage of data, transmitted and received by wire, radio, optical means or by other electromagnetic means;
  

Gg) Bidder-any economic operator who has submitted a tender in the context of a procurement procedure;
  

HH) offer-legal act through which the economic operator concerned, manifests the will to engage in terms legal in a public procurement contract. The offer comprises a financial proposal, technical proposal, and other documents as determined by the award;
  

II) alternative offer-offer complying with minimum requirements and any specific requirements provided for in the documents of purchase, but which proposes a different solution to an extent greater than or less than;
  

JJ) economic operator means any natural or legal person governed by public law, private law, times or times of such Association of persons, offering by way of legitimate market execution of works and/or a construction, the supply of products or the provision of services, including any temporary association formed between two or more of these entities;
  

KK) partnership for innovation-award procedure used by the contracting authority for the development and purchase of a product, service or innovative works, given that the solutions available on the market at a certain time does not meet the needs of the contracting authority;
  

LL) people with decision-making functions-the leader of the contracting authority, the members of the decision-making bodies of the contracting authority related to the procedure for the award and any others within the contracting authority which can influence the content of the documents of purchase and/or the conduct of the tendering procedure;
  

mm) technical reference specification prepared by any European standardisation bodies, other than the European standards or other standardisation activities to which Romania is a party, in accordance with procedures to be adapted in light of changing market requirements;
  

nn) electronic procurement System, hereinafter referred to as the SEAP-designating public information system, accessible through the internet address dedicated to be used for the purposes of electronic procedures for the award and to the publication of ads nationally;
  

OO) written or in writing-any combination of words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means;
  

pp) dynamical system purchases-the process of getting organized entirely by electronic means and open throughout its validity to any economic operator, satisfying the criteria of qualification and selection for commonly used purchases, the characteristics of which generally available on the market meet the needs of the contracting authority;
  

QQ) request for participation-the request transmitted by the operator together with the necessary documentation to meet the requirements for qualification as a first step in a procedure of restricted tendering, competitive negotiation, competitive dialogue or partnership for innovation;
  

RR) technical specifications-requirements, prescriptions, technical features, which allow each product, service or work to be described objectively, in a manner appropriate 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 Regulation (EU) No. 1.025/of the European Parliament and of the Council of 25 October 2012 concerning European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, Directive 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC of the Council and decision No. 1.673/2006/EC of the European Parliament and of the Council;
  

TT) standard-a technical specification adopted as 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 standards 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 the European Economic area;
  

subcontractor-yy) any economic operator who is not a party to a contract for the procurement and running and/or provide certain parts of the works or items of construction times meet activities that form part of the contract of procurement, responding in front of the contractor organization and carrying out of all necessary steps to that end;
  

DD) TFEU-Treaty on the functioning of the European Union;
  

AAA) Treaties-the Treaty on European Union and Treaty on the functioning of the European Union;
BBB central procurement unit)-any contracting authority provides centralized purchasing activities and, where appropriate, ancillary acquisition activities;
CCC) separate operational unit within the structure of the contracting authority, separate from technically, geographically or organizationally for other structures of the contracting authority;
DDD) days-calendar days, except as provided expressly that are working days.

(2) the time limits laid down in this law shall be calculated according to the following rules: a) in calculating a period expressed in days, months or years after a certain event or act, the date on which such an event occurs, the act does not take action times into account;
  

b) on the application of the provisions of subparagraph (a). ) and (d)), the period expressed in days shall start at the beginning of the first hour of the first day of the period, and shall end with the expiry of the last hour of the last day of the period;
  


c) with the application of the provisions of subparagraph (a). ) and (d)), the time limit expressed in months or years shall start at the beginning of the first hour of the first day of the period, and shall end with the expiry of the last hour of the day that represents the day of the last month or year corresponding to the day on which the time limit began to run; If, in the case of the time limit expressed in months or years, the month in which the term ends, there is no corresponding day in the day which started to flow, the period shall end with the expiry of the last hour of the last day of that month;
  

d) where the last day of a period expressed in days, months or years is a public holiday, Sunday or Saturday, the period shall end with the expiry of the last hour of the following working day;
  

to calculate an e) period expressed in working days shall apply accordingly to the provisions of subparagraph (a). a), b) and (d)), except that non-working days within the term shall not be taken into account.
  


Section 3 of the contracting authorities Article 4 (1) the capacity of contracting authority for the purposes of this law: a) authorities and Central or local public institutions, and of their structures which have delegated authorising officer for membership and who have established competence in the field of public procurement;
  

(b) bodies governed by public law);
  

c) associations which include at least a contracting authority of those referred. or b) to).
  

(2) by bodies governed by public law within the meaning of paragraph 1. (1) (a). b) means any entity other than those referred to in paragraph 1. (1) (a). a) which, whatever form of Constitution or organization meeting the following cumulative conditions: a) are established to meet needs in the general interest, without commercial or industrial character;
  

b) have legal personality;
  

c) are financed mostly by the entities referred to in paragraphs 1 and 2 of those. (1) (a). a) or by other bodies governed by public law or under the control of, located under the authority or the control of a coordinating entity of the times referred to in paragraph 1. (1) (a). a) or other body governed by public law or more than half of the members of the Board of Directors/management or supervisory bodies are appointed by an entity among those specified in paragraph 2. (1) (a). a) or by a body governed by public law.
  


Section 4 scope of article 5 § 1 Thresholds the provisions of this law are applicable to public procurement contracts, framework agreements and design contests.


Article 6 (1) this Act applies to the assignment of a legal entity without a contracting authority of a works contract, where the following cumulative conditions: a) the contract is funded/subsidised directly by more than 50% of its value, by a contracting authority;
  

b) estimated value net of VAT of the contract is equal to or greater than the threshold specified in article 7. 7 para. (1) (a). a);
  

c) contract includes one of the activities referred to in paragraph 1. 2. (2) activities covered by paragraph 1. (1) (a). c) are the following: (a) the civil engineering works);
  

b) building work for hospitals, facilities intended for sports, recreation and leisure, buildings of pre-university educational institutions and academic and administrative buildings.
  

(3) this law shall apply to the awarding of the legal entity without a contracting authority of a contract for services if they meet the following cumulative conditions: a) the contract is funded/subsidised directly by more than 50% of its value, by a contracting authority;
  

b) estimated value net of VAT of the contract is equal to or greater than the threshold specified in article 7. 7 para. (1) (a). b);
  

c) contract is connected with a works contract which is the subject of paragraph 1. (1) and (4) the contracting authorities which finance/subsidise the contracts referred to in paragraph 1. (1) and (3) are required to track compliance with the provisions of this law when it does not assign themselves the contract funded/subsidised or when you assign in the name and on behalf of other entities.
  


Article 7 (1) procurement covered by this law shall apply to the award of public procurement contracts/framework agreements of the estimated value of which, net of VAT, is equal to or greater than the following thresholds: value of 23,227,215 lei) for public procurement contracts/framework agreements for works;
  

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 for services that relate to social services and other specific services, specified in annex No. 2. (2) the contracting authority shall award public contracts/framework agreements and organizes contests relating to public procurement solutions whose estimated value is less than the corresponding thresholds referred to in paragraph 1. (1) by applying a simplified procedure, respecting the principles referred to in article 1. 2 (2). (2) and (3) detailed rules for the application of the present law shall lay down the conditions and detailed rules for the application of the simplified procedure provided for in paragraph 1. (2) and (4) the conditions and detailed rules for the application of the simplified procedure provided for in paragraph 1. (2) I assume at least shorter deadlines than those provided for in the present law and procedural formalities reduced compared with those prescribed in the directive with regard to the award of public procurement contracts, framework agreements and design contests of the estimated value of which is greater than the corresponding thresholds referred to in paragraph 1. (1) and (5) the contracting authority shall be entitled to directly purchase goods or services where the estimated value of the acquisition, net of VAT, is less than the MDL respectively 132,519 works, where the estimated amount of the purchase, net of VAT, is less than 441,730.
  


(2) revision of the thresholds in article 8 (1) the value Thresholds laid down in article 21. 7 para. (1) and any modified thresholds resulting from the application of this paragraph shall be amended by the Commission in accordance with the appropriate rules and procedures laid down in article 29. 6 of Directive EU/24/2009 of the European Parliament and of the Council of 26 February 1986 concerning public procurement and repealing Directive 2004/18/EC.
  

(2) after the entry into force of any value thresholds modified by the European Commission in accordance with the appropriate rules and procedures laid down in article 29. 6 of Directive EU/24/1970, the value thresholds laid down in article 21. 7 para. (1) or any amended thresholds shall be replaced by the corresponding modified thresholds, and any reference or reference in this Act to the thresholds laid down in article 21. 7 para. (1) it is understood that reference or referral to appropriate thresholds thus amended.
  

(3) the National Agency for public procurement, hereinafter referred to as DECENTRALISATION, publish on its website the value thresholds laid down by the European Commission in accordance with the appropriate rules and procedures laid down in article 29. 6 of Directive EU/24/1970, following the entry into force thereof.
  


(3) the calculation of the estimated value of Article 9 (1) the contracting authority calculated the estimated value of a purchase given the total amount payable, net of VAT, estimated by the contracting authority, taking into account any possible forms of option and the extension of the contract referred to explicitly in the documents.
  

(2) where the contracting authority provides, in accordance with the provisions of this law, the granting of awards/bonuses for tenderers or candidates, the estimated value of purchase must include the value of the awards/first question.
  


Article 10 (1) in case the contracting authority has in its structure the operational units, the estimated amount shall be calculated by taking into account the estimated total for all operational units individually.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) If an operational unit is responsible for independently for his purchases or certain categories thereof, the estimated values can be calculated at the level of the unit concerned.
  

(3) for the purposes of paragraph 1. (2) an operational unit is responsible for independently for his purchases or certain categories thereof, provided that the following conditions are cumulative: the operational unit) independently conducts award procedures;
  

(b) operational unit) independently take decisions on purchases;
  

c) operational unit has at its disposal in the budget funding sources identified separately for purchases;
  

d) operational unit independently conclude public contracts;
  


(e) operational unit) ensure payment of procurement contracts in the budget which it has at its disposal.
  


Article 11 (1) the contracting authority is not entitled to use the methods for calculating the estimated value of the acquisition in order to avoid the application of the award procedures laid down by this law.
  

(2) the contracting authority shall not be entitled to divide the public procurement contract into several distinct contracts of lesser value, nor to use methods of calculation leading to an undervaluation of the estimated value of the procurement contract, in order to avoid the application of procurement procedures covered by this law.
  


Article 12 the estimated value of the acquisition shall be determined before initiating the procedure for the award and is valid at the time of initiation of the award. Initiation award is achieved by one of the following ways: (a) transmission for publication) of the notice of invitation to tender;
  

b) in the case of social services or other specific services, as set out in the annex. 2, sending for publication of the notice of invitation to tender or to the notice of intent which is valid on a continuous basis;
  

c) invitation to participate in the negotiated procedure without prior publication of a contract notice.
  


Article 13 (1) in the case of solutions; 105 lit. the estimated value) will be calculated based on the estimated value net of VAT of the public procurement contract, including any possible prizes or payments to the participants.
  

(2) in the case of solutions; 105 lit. (b)), the estimated amount shall be calculated by reference to the total value of the prizes or payments to participants and includes the estimated value net of VAT of the public procurement contract of service which may be concluded pursuant to art. 104 paragraphs 1 and 2. (7) where the contracting authority has indicated in the notice of competition intent to award the contract.
  


Article 14 in the case of framework agreement or dynamic purchasing systems, the estimated value of the acquisition is deemed to be the maximum estimated value net of VAT of all the contracts public procurement which is expected consequential will be awarded on the basis of the framework agreement or by using the dynamic purchasing system throughout its duration.


Article 15 if the partnership for innovation, the estimated value of the acquisition is deemed to be the maximum estimated value net of VAT of the research and development activities to be carried out during all the stages of the partnership, and the products, services or works to be carried out and purchased at the end of the partnership in question.


Article 16 in the case of public procurement contracts the estimated value of the works of acquisition is calculated taking into account both the cost of the works and the total estimated value of the products and services made available to the contractor by the contracting authority, necessary for the execution of the works.


Article 17 (1), where a 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 acquisition shall be determined taking into account the estimated aggregate value of the lots as a whole.
  

(2) where the aggregate value of the lots is equal to or greater than the value of the corresponding thresholds referred to in article 1. 7 para. (1) procedures covered by this law shall apply to the awarding of each lot, regardless of the estimated amount.
  


Article 18 (1), where a contracting authority intends to purchase similar products, and the award of contracts may be carried out on separate lots, the estimated value of the acquisition shall be determined taking into account the estimated aggregate value of the lots as a whole.
  

(2) where the aggregate value of the lots is equal to or greater than the value of the corresponding thresholds referred to in article 1. 7 para. (1) procedures covered by this law shall apply to the awarding of each lot.
  

(3) for the purposes of paragraph 1. (1) by similar products means those products that meet the following cumulative conditions: a) are intended for identical or similar uses;
  

b) are part of the normal range of products are provided/marketed by economic operators with constant activity in the sector.
  


Article 19 notwithstanding the provisions of article 4. 17 and 18, procurement covered by this law shall not apply to contracts for individual lots where are complied with in the following conditions: (a) (b) cumulatively) estimated value net of VAT of the batch concerned is less than 355,632 lei, in the case of purchase of products or services, or less than 4,445,400 lei, in the case of acquisition of works;
  

(b) the aggregate value of the lots as a whole) is satisfied the condition referred to in the) and which are or have been attributed to pursuant to this article without award procedures are regulated by the present law shall not exceed 20% of the aggregate value of the lots into which it was divided by the construction of the envisaged acquisition of similar products or services concerned.
  


Article 20 in the case of procurement of goods or services with regular times which are intended to be renewed within a given period, the estimated value of acquisition is calculated based on the following: (a) either the actual aggregate value) of all successive similar contracts awarded in the last 12 months or in the previous budget year, adjusted, where possible in order to take into account the value and quantitative changes which may occur over a period of 12 months from the date of the original contract;
  

b) or the estimated aggregate value of successive contracts awarded over a period of 12 months following the first delivery.
  


Article 21 in the case of procurement of goods through hire purchase, hire or leasing with or without option to buy, the estimated value of acquisition is calculated according to the duration of the contract: a) if public procurement contracts entered into fixed-term contracts of less than 12 months, the estimated value is the estimated total amount for the entire duration of the contract in question;
  

b) in the case of public procurement contracts entered into fixed-term greater than 12 months, the estimated value is the estimated total amount for the entire duration of the contract in question plus the estimated residual value of the products at the end of the period for which the contract has been concluded;
  

c) in the case of public procurement contracts concluded for an indefinite period or in cases where their duration cannot be determined from the date of the estimate, the estimated value is calculated by multiplying the monthly value of 48.
  


Article 22 in the case of procurement of services with the object of insurance services, the estimated value of the acquisition shall be calculated on the basis of insurance premiums to be paid and any other forms of remuneration services.


Article 23 in the case of procurement of services with banking or other financial services, the estimated value of the acquisition shall be calculated on the basis of fees, fees to be paid, interest and any other forms of remuneration services.


Article 24 in the case of procurement of services involving the design services, the estimated value of the acquisition shall be calculated on the basis of fees, fees to be paid and any other forms of remuneration services.


Article 25 in the case of procurement of services that do not specify a total price, the estimated value of acquisition is calculated according to the duration of the contract: a) if public procurement contracts entered into fixed-term contracts less than or equal to 48 months, the estimated value is the total amount of the contract for the entire duration of the programme;
  

b) in the case of public procurement contracts concluded for an indefinite or fixed-term greater than 48 months, the estimated value is calculated by multiplying the monthly value of 48.
  


Section 5 Exceptions (1) Contracts in the sectors of water, energy, transport and postal services article 26 (1) this law shall not apply to: (a) the purchase contract) and sectoral framework agreements and sectoral design contests awarded or organised by contracting authorities which are obliged to apply the provisions of the law relating to purchases by sector;
  

b acquisition contracts) and sectoral framework agreements and sectoral design contests excluded from sectoral provisions procurement law.
  


(2) this Act does not apply to procurement contracts, framework agreements and design contests awarded or organized by a contracting authority which provides postal services within the meaning of law sectoral procurement in order to conduct the following activities: a) value-added services in connection with electronic mail, provided entirely by electronic means, including electronically through a secure transmission of coded documents management services, addresses and sending e-mail messages to registered;
  

b) financial services which are the subject of the CPV codes between 66100000-1 and 66720000-3 and sectoral provisions procurement law, which mainly include postal orders and transfers on the basis of the postal current account;
  

philatelic services c);
  

d) logistics, services that combine physical delivery and/or warehousing with other functions than the postage.
  


(2) specific Exceptions in the field of electronic communications article 27 (1) this law shall not apply to procurement contracts, framework agreements and design contests which were aimed mainly to allow the contracting authorities to provide or exploit public electronic communication networks or to provide to the public one or more electronic communications services.
  

(2) for the purposes of paragraph 1. (1) the basics of public electronic communications network and service of electronic communications have the meanings set out in art. "". (1) section 9 and 10 of the Government Emergency Ordinance nr. 111/2011 concerning electronic communications, approved with amendments and completions by law No. 140/2012, as amended and supplemented.
  


(3) public procurement contracts/framework agreements awarded and competitions organised solutions according to international standards in article 28 (1) this law shall not apply to procurement contracts/framework agreements and design contests which the contracting authority is obliged to assign or to organize them according to procurement procedure different from those provided for in this law, as established by a legal instrument that creates obligations on public international law concluded in accordance with the treaties, between Romania and one or more third countries or their subdivisions, international organizations, aimed at the works, products or services intended for the joint implementation or exploitation of a project by the signatories.
  

(2) contracting authorities are required to inform the DECENTRALISATION in respect of agreements referred to in paragraph 1. (1) in their field of activity, concluded in accordance with the treaties.
  

(3) DECENTRALISATION has the obligation to communicate to the European Commission the information received according to paragraph 1. 2. (4) this Act does not apply to procurement contracts/framework agreements and design contests awarded or organized by the contracting authority in accordance with the rules laid down in respect of acquisitions of an international organization whenever a financial institution international, where public procurement contracts/framework agreements or solution in question competitions are financed in full by the times the respective institution.
  

(5) in the case of public procurement contracts/framework agreements and design contests co-financed in most part of an international organization or by an international financial institution, the parties agree to the applicable award procedures.
  

(6) in the case of public procurement contracts/framework agreements and design contests involving security or defence issues and who are assigned or organize in accordance with rules of the applicable international provisions art. 39. paragraph 4 specific Exemptions for service contracts Article 29 (1) this Act does not apply to the award of public procurement contracts/framework agreements for services which have as their object: a) purchase or rental, by whatever financial means, of land, existing buildings, or other immovable property ownership rights;
  

b) purchase, development, production or co-production of programme material intended for audiovisual media services, awarded by media service providers or of contracts for broadcasting or providing programs which are attributable to media service providers;
  

c arbitration service) mediation and other forms of alternative dispute resolution;
  

d) any of the services referred to in paragraph legal (3);
  

e) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of art. "". (1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 concerning prudential requirements for credit institutions and investment firms amending Regulation (EU) No. 648/2012, the Central Bank services and operations carried out with the European financial stability Fund and with the European stability Mechanism;
  

f) loans, whether or not in connection with the issue, sale, purchase or transfer of securities times the other financial instruments;
  

g) employment contracts;
  

h) civil defence, civil protection and prevention of dangers, provided by persons without patrimonial purpose, covered by CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3, except for transport by ambulance services;
  

I) public transport services passenger transport by rail or subway ride away.
  

(2) for the purposes of paragraph 1. (1) (a). b): a) audiovisual media service concepts and service provider have the meanings set out in article 11. 1 (1). (1) paragraphs 1 and 12 of the law on broadcasting no. 504/2002, as amended and supplemented;
  

b) concept includes both programs program having the meaning provided for in art. 1 (1). (1) section 4 of law No. 504/2002, as amended and supplemented, included in a service of television programs, and programs included in a broadcasting service programs and materials for programs, and the notion of material for programs has the same meaning with the term program.
  

(3) legal services which are covered by paragraph 1. (1) (a). d) are as follows: (a) assistance and representation of a) client by a lawyer within the meaning of law No. 51/1995 for the Organization and exercise of the profession of lawyer, republished, with subsequent amendments, in proceedings of arbitration or mediation or other alternative forms of dispute resolution are carried out before a court or another body national arbitration mediation or alternative dispute resolution in another form from Romania or from another State or before a Court of international arbitration mediation or alternative dispute resolution in another form;
  

b) assistance and representation to a client by a lawyer within the meaning of law No. 51/1995, republished, with subsequent amendments, in judicial proceedings in courts of law or national public authorities from Romania or from another State or in courts of law or international institutions;
  

c) assistance and legal advice provided to a lawyer, in advance or for the preparation of any of the procedures referred to in subparagraph (a). the times) and b) where there are indications of concrete and a high probability that the second kind which are granted assistance and legal advice is subject to such procedures;
  

d) certification services and authentication of documents that are provided by public notaries according to legal provisions;
  

e) legal services provided by the nominee or Admins-seizure or other legal services provided by the entity designated by a national court or who are appointed according to the provisions laid down by law to carry out specific tasks under supervision and control of the courts;
  

f) services provided by bailiffs.
  


(5) service contracts awarded on the basis of an exclusive right of article 30 of this law shall not apply to the award of public procurement contracts/framework agreements for services by a contracting authority of another contracting authorities/entities contracting procurement law defined sectoral or an Association of contracting authorities/entities, on the basis of an exclusive right which it enjoys for the provision of those services pursuant to laws, regulations or administrative provisions with normative to the extent that they are compatible with the provisions of the TFEU.


Paragraph 6 public contracts/framework agreements concluded between public sector entities Article 31


(1) this law shall not apply to procurement contracts/framework agreements awarded by a contracting authority of a legal person in private law or public law where the following conditions are cumulatively met: a) the contracting authority shall exercise upon 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 legal person are carried out controlled in order to carry out the tasks entrusted to it by the contracting authority which controls or by other legal entities controlled by that contracting authority;
  

c) there are no direct private capital participation by a legal person, with the exception of the participation of private capital which does not provide control or right of veto, but whose existence is necessary according to legal provisions, in accordance with the treaties, and which does not exercise a decisive influence upon the legal person controlled.
  

(2) for the purposes of paragraph 1. (1) (a). He considered) 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 decisive influence over both strategic objectives and important decisions of the legal person controlled; such control may be exercised and any other legal person, itself controlled in the same way by the contracting authority.
  

(3) the exception from the application of this Act referred to in paragraph 1. (1) shall also apply when a person who has controlled the quality of the contracting authority to award a contract to the contracting authority that controls or other juridical persons controlled by the same Contracting Authority, provided that there are no direct private capital participation of the legal person to whom the contract is awarded, with the exception of the participation of private capital which does not give the right of veto or control but whose existence is necessary according to legal provisions, in accordance with the treaties, and which does not exercise a decisive influence upon the legal person controlled.
  

(4) this Act does not apply to procurement contracts/framework agreements awarded a legal person in private law or public law by a contracting authority exercises over that person's legal control within the meaning of paragraph 1. (1) where the following conditions are cumulatively met: 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 person's legal activities are carried out in order to carry out the tasks entrusted to it by the contracting authority which controls or by other juridical persons controlled by the same Contracting Authority;
  

c) there are no direct private capital participation by a legal person, with the exception of the participation of private capital which does not provide control or right of veto, but whose existence is necessary according to legal provisions, in accordance with the treaties, and which does not exercise a decisive influence upon the legal person controlled.
  

(5) for the purposes of paragraph 1. (4) (a). the contracting authorities shall exercise), joint control over a legal person if the following conditions are cumulatively met: a) decision-making bodies of a legal person controlled are composed of representatives of all the contracting authorities, the same person having a right to represent several or all of the participating contracting authorities;
  

b) contracting authorities are able to exercise decisive influence jointly on the strategic objectives and decisions of the legal person controlled;
  

(c) legal person not controlled) pursuing interests contrary to those of the contracting authority's control.
  

(6) this Act does not apply to contracts concluded exclusively between two or more Contracting authorities if the following conditions are cumulatively met: a) the contract establishing or implementing a cooperation between the participating contracting authorities, with the aim of ensuring that public services whose realization must ensure are rendered in order to attain common objectives;
  

b) implementing cooperation is based exclusively on considerations of public interest;
  

c) contracting authorities participating performing on the open market for less than 20% of targeted cooperation activities.
  

7. the Percentages referred to in paragraphs 1 and 2. (1) (a). (b)), para. (4) (a). (b) paragraphs 5 and 6) and to (6) (a). (c)) shall be determined on the basis of the average turnover of the business or of an appropriate alternative indicator based on the work done, such as costs incurred by the legal person or by the contracting authority, as appropriate, in relation to services, goods and works over the last 3 years preceding the award of the contract.
  

(8) where, in the situation referred to in paragraph 1. (7) because of the date on which the contracting authority or entity, as applicable, was established and began operations or as a result of the reorganization of its activities, turnover times another alternative corresponding indicator based on the work done, such as costs, is not available for the last 3 years or is no longer relevant, the percentages referred to in paragraphs 1 and 2. (1) (a). (b)), para. (4) (a). (b) paragraphs 5 and 6) and to (6) (a). c) can be established through the use of methods, in particular through the estimates use business forecasts.
  


§ 7 the other exceptions in article 32 (1) this law shall not apply to the legal acts, other than public procurement contracts/framework agreements, concluded by a person who has the capacity of contracting authority according to this law, such as the provision of repayable funding or grants to individuals or legal under the terms of special legislation of the time along with the formation of natural or legal persons of companies or associations having no legal personality in accordance with the provisions of law No. civil code 287/2009, republished, with subsequent amendments.
  

(2) where, regardless of the denomination or form used legal documents concluded by persons who have the status of a contracting authority according to this law means public procurement contracts/framework agreements, the provisions of this law.
  


Article 33 (1) this Act does not apply to the award of contracts by invitation to tender for the contracting authority structures that operate on the territory of other States when the value of the contract is less than the value thresholds laid down in article 21. 7. (2) For the award of contracts for procurement subject to the provisions of paragraph 1. (1) whose estimated value is greater than that provided for in art. 7 para. (5) the contracting authority shall draw up its own rules to ensure application of the principles laid down in article 21. 2 (2). (2) of this Act.
  


Section 6 of the Joint Procurement Article 34 (1) in the case of mixed contracts covering both acquisitions for which the provisions of this law, as well as purchases for which apply the provisions of the other regulations and the different parts of a particular contract are objectively mixed separable, the contracting authority has the right to choose between assign separate contracts for separate parties and award a single contract.
  

(2) where, pursuant to paragraph 1. (1) the Contracting Authority chooses to award contracts for separate juridiciary system parts and normative act applicable to the assignment of each of these distinct contracts are those determined according to the characteristics of each of the parties concerned.
  

(3) where, pursuant to paragraph 1. (1) the Contracting Authority chooses to award a single contract, except where the provisions of article 7 shall apply. 38, the Joint Award of the contract shall be subject to the provisions of this law, regardless of the value of the parties which, if it were contained in separate contracts would be subject to a different regulatory and normative act that would apply to the parties concerned.
  

(4) in the case of mixed contracts having as their object the purchase both items of goods, works or services and concessions, the provisions of this law shall apply to the contract solely in cases where the estimated amount of the party/parties to the contract that represents the public acquisition, calculated according to the provisions of article 3. 9-25, is equal to or exceeds the thresholds laid down in article 21, the appropriate value. 7 para. 1. (5) Notwithstanding the provisions of paragraph 1. (3) joint contracts covering both acquisitions for which apply the provisions of this law, as well as purchases made for the purpose of carrying out an activity which is subject to the provisions of the law concerning sectoral purchases shall be subject to the provisions of the law concerning sectoral procurement.
  


(6) in the case of mixed contracts covering both acquisitions for which apply the provisions of this law, as well as purchases for which apply the provisions of the other regulations and the different parts of a particular contract are not objectively severable contract is awarded according to the normative act applicable according to its main object.
  


Article 35 (1) contracts which have as their object at least two types of public procurement, works, services or products, to which shall be applied the provisions of the present law shall be assigned in accordance with the provisions of this Act applicable to the type of purchase subject to the principal of the contract in question.
  

(2) in the case of mixed contracts covering both social services and other specific services, specified in annex No. 2, and other services, as well as in the case of mixed contracts covering both services and products, the main object is to be determined according to the highest estimates of the values of those products or services.
  


Section 7 special situations (1) research and Development Services in article 36 this Act applies to contracts for the procurement of services which have as their object the provision of services for research and development which are the subject of the CPV codes between 73000000-2 and 73120000-9, 73300000-5, 73420000-2, or 73430000-5, only if the following cumulative conditions: a) results are intended in exclusive mode, the contracting authority, for their own use in the conduct of its own activities; and (b)) the service provided is wholly remunerated by the contracting authority.
  


(2) defence and security in article 37 (1) this Act applies to public procurement contracts/framework agreements awarded and design contests organised in the fields of defence and national security, except for the provisions of Emergency Ordinance of Government No. 114/2011 on the award of certain public contracts in the fields of defence and security, approved with amendments and completions by law No. 195/2012, and those for which the provisions of Emergency Ordinance of Government No. 114/2011, approved with amendments and completions by law No. 195/2012, under art. 21, 22, or art. 56 from Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012.
  

(2) this Act does not apply to procurement contracts/framework agreements awarded and design contests organised in the fields of defence and national security which are not exempted under paragraph 1. (1) in so far as the protection of the essential interests of the security of the country cannot be guaranteed merely by less invasive measures, such as imposing demands in order to preserve the confidential nature of the information which the contracting authority shall make them available under a procurement procedure according to the provisions of this law.
  

(3) this Act does not apply to procurement contracts/framework agreements awarded and design contests organised in the fields of defence and national security which are not exempted under paragraph 1. (1) in so far as the application of this law would oblige the contracting authority to supply information the disclosure of which is contrary to the essential interests of national security under art. 346 paragraph 1. (1) (a). a) TFEU.
  

(4) this Act does not apply to procurement contracts/framework agreements or design contests which is met at least one of the following conditions: (a) the award of the contract) and enforcement of public procurement/the framework agreement or the solution represents intelligence, in accordance with the legal provisions concerning the protection of classified information;
  

b the award and execution of contract) tendering/framework agreement or contest requires the imposition of solutions, according to legal provisions, the special security measures to protect the essential security interests of that State, provided that these cannot be guaranteed by less invasive measures, such as the requirements laid down in paragraph 1. (2). (3) mixed Acquisitions involving matters of security or defense Article 38 (1) in the case of mixed contracts covering both acquisitions for which the provisions of this law, as well as purchases in respect of which the provisions of Emergency Ordinance of Government No. 114/2011, approved with amendments and completions by law No. 195/2012, or other normative acts/Memoranda issued pursuant to art. 20 paragraph 1. (3) Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012, in relation to the situations referred to in article 1. 346 from TFEU and the different parts of a particular contract are objectively mixed separable, the contracting authority has the right to choose between assign separate contracts for separate parties and award a single contract.
  

(2) where, pursuant to paragraph 1. (1) the Contracting Authority chooses to award contracts for separate parties, the legal regime applicable to the assignment of each of these separate contracts shall be determined according to the characteristics of each of the parties concerned.
  

(3) where, pursuant to paragraph 1. (1) the Contracting Authority chooses to award a single contract to establish the legal regime applicable to the contract concerned shall apply the following criteria: a) where a party to the contract shall be subject to the regulatory acts issued pursuant to art. 20 paragraph 1. (3) Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012, in relation to the situations referred to in article 1. 346 from TFEU, the contract may be awarded without applying the provisions of this law, provided that the award a single contract to be justified by objective considerations;
  

b) where a party to the contract shall be subject to the provisions of Emergency Ordinance of Government No. 114/2011, approved with amendments and completions by law No. 195/2012, the contract may be assigned in accordance with the provisions of Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012, provided that the assignment of a single contract is justified on objective grounds.
  

(4) the provisions of paragraphs 1 and 2. (3) (a). (b)) shall be without prejudice to the exceptions provided for in the thresholds and the provisions of Emergency Ordinance of Government No. 114/2011, approved with amendments and completions by law No. 195/2012.
  

(5) where, in relation to a particular contract, are applicable to both paragraphs. (3) (a). the) and of paragraphs 2 and 3. (3) (a). b), the provisions of paragraphs 1 and 2. (3) (a). a). (6) the decision to award a single contract may be taken by the contracting authority pursuant to paragraph 1. (1) for the purposes of the award of contracts by the exemption from the application of the provisions of this law or of the Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012.
  

(7) in the case of mixed contracts covering both acquisitions for which apply the provisions of this law, as well as purchases in respect of which the provisions of Emergency Ordinance of Government No. 114/2011, approved with amendments and completions by law No. 195/2012, or other normative acts issued pursuant to art. 20 paragraph 1. (3) Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012, in relation to the situations referred to in article 1. 346 from TFEU and the different parts of a particular joint contract are not objectively separable, the contract may be assigned in accordance with the provisions of normative acts issued pursuant to art. 20 paragraph 1. (3) Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012, if you include items in relation to the situations referred to in article 1. 346 from TFEU, or in accordance with the provisions of Government Emergency Ordinance nr. 114/2011, approved with amendments and completions by law No. 195/2012 otherwise.
  


(4) the public procurement contracts/framework agreements for contests and solutions that involve issues of Defense, security or assigned times organized according to international standards in article 39 (1) this law shall not apply to procurement contracts/framework agreements and design contests involving matters of national security or defense and that the contracting authority is obliged to assign or to organize them according to procurement procedure other than those indicated in this law set in one of the following ways: (a)) by an agreement or arrangement, concluded in accordance with the treaties, between Romania and one or more third countries or their subdivisions, targeting works, goods or services intended for the joint implementation of the times of exploitation of a project by the signatories;
  


b) through an agreement or an arrangement relating to the stationing of international troops and aimed at the economic operators of one Member State or a third country;
  

c) by an international organization.
  

(2) contracting authorities are required to inform the DECENTRALISATION in respect of agreements referred to in paragraph 1. (1) (a). the existing).
  

(3) DECENTRALISATION has the obligation to communicate to the European Commission the information received according to paragraph 1. 2. (4) this Act does not apply to procurement contracts/framework agreements and design contests involving matters of national security or defense and awarded or organized by the contracting authority in accordance with the rules laid down in respect of acquisitions of an international organization whenever a financial institution international, where public procurement contracts/framework agreements or solution in question competitions are financed in full by the times the respective institution.
  

(5) in the case of public procurement contracts/framework agreements and design contests involving aspects of defence or security financed for the most part of an international organization whenever a financial institution, the parties agree to the applicable award procedures.
  


Section 8 of the centralized purchasing Activities and occasional joint procurement Activities (1) centralized purchasing Article 40 Establishment of centralized procurement and the circumstances and conditions under which the contracting authorities purchasing products or services from centralized procurement unit which provides centralized purchasing activities, and where centralized procurement unit which provides centralized purchasing activities assigned to tendering contracts/framework agreements for works , products or services for other contracting authorities, shall be laid down by decision of the Government.


Article 41 (1) the contracting authority shall not apply the provisions of this law on purchases that meet one of the following conditions are met: a) the products or services purchased from a centralized procurement unit which provides centralized purchasing activities;
  

b) having as their object works, goods or services purchased under contracts awarded by a centralized procurement unit which provides centralized purchasing activities;
  

c) relate to works, products or services whose acquisition is achieved through the use of a dynamic system of purchases managed by a centralized procurement unit which provides centralized purchasing activities;
  

d) relate to works, products or services purchased through a framework agreement concluded by a centralized procurement unit which provides centralized purchasing activities, insofar as the identity of the contracting authority was provided in the notice of invitation to tender published in the procedure for the award of the framework agreement organised by the centralized procurement unit.
  

(2) in the case referred to in paragraph 1. (1) the contracting authority is obliged to apply the provisions of this Act only in respect of activities which it affixes itself, such as: a) to award a contract in the context of a dynamic system that procurement is managed by a centralized procurement unit;
  

b) conclusion of a contract subsequently through the resumption of competition in carrying out a framework agreement concluded by a centralized procurement unit;
  

c) setting, in accordance with the provisions of art. 118 paragraph 1. (1) (a). ) and (c)), for the economic operators party to the framework agreement which satisfy a particular activity in a framework agreement concluded by a centralized procurement unit.
  


Article 42 All award procedures conducted by a centralized procurement unit is achieved through electronic means of communication, in accordance with the provisions of art. 64-66 and the detailed procedures for the application of this law.


Article 43 (1) the contracting authority is under no obligation to apply award procedures covered by this law where the conditions laid down by the decision of the Government. 40, assigned to a centralized procurement unit a contract tendering of services aimed at providing centralized purchasing activities.
  

(2) tendering of contracts for services listed in paragraph 1. (1) may include provision of ancillary acquisition activities.
  

(3) the award of public service contracts concerning the services providing ancillary acquisition activities otherwise than by a centralized procurement unit according to para. (2) is achieved through the application of procurement procedures covered by this law in the case of procurement of services.
  

(4) the provisions of this law shall not apply where a centralized procurement unit provides centralized purchasing activities or a service provider providing acquisition acquisition activities ancillary to a contracting authority otherwise than pursuant to a public procurement contract.
  


(2) Common Procurement occasional Article 44 (1) two or more Contracting authorities may agree to jointly carry out certain specific purchases.
  

(2) where a tendering procedure is organized entirely in common, in the name and on behalf of all of the contracting authorities referred to in paragraph 1. (1) they are jointly and severally responsible for the fulfilment of their obligations under this Act.
  

(3) the provisions of paragraphs 1 and 2. (2) shall apply accordingly if the contracting authority organizes a single award procedure, acting both in his own name and in the name and on behalf of other contracting authorities referred to in paragraph 1. 1. (4) where a tendering procedure is not entirely in the name and on behalf of the contracting authorities referred to in paragraph 1. (1) they are jointly and severally responsible only in respect of activities carried out jointly.
  

(5) in the case referred to in paragraph 1. (4) each contracting authority is responsible individually for meeting its obligations under this Act in respect of activities carried out in its name.
  


Section 9-a Procurement that involves contracting authorities of other Member States in article 45 (1) without prejudice to the provisions of article 3. 31, the national contracting authorities can act in conjunction with the contracting authorities of other Member States for the award of contracts by invitation to tender in accordance with article 4. 46-48. (2) contracting authorities shall not use the national means and instruments covered by article 4. 46-48 in order to avoid the application of the mandatory rules of national law which, in accordance with European Union law shall apply to statutes or their activities.
  


Article 46 (1) of the national contracting authorities are entitled to use the centralized purchasing activities provided by a centralized procurement unit from another Member State.
  

(2) the provision of centralized purchasing activities by a centralized procurement unit of another Member State shall be in accordance with the provisions of the national legislation of the Member State in which is situated the centralized procurement unit.
  

(3) the provisions of the national legislation of the Member State in which the establishment is situated in centralized procurement applies also to: a) award a contract under a dynamic acquisitions;
  

b) conclusion of a contract subsequently through the resumption of competition in carrying out a framework agreement;
  

c) setting, in accordance with the provisions of art. 118 paragraph 1. (1) (a). ) and (c)), for the economic operators party to the framework agreement, fulfilling a certain task.
  

(4) the contracting authority may, in conjunction with the national contracting authorities of other Member States, to award a contract for joint procurement, to conclude a framework agreement or to manage a dynamic procurement system, as well as, to the extent that the identity of the contracting authority was provided in the notice of invitation to tender published in the procedure for the award of the framework agreement, to enter into contracts in the execution of the framework agreement or the dynamic purchasing system.
  

(5) in the case referred to in paragraph 1. (4), and except where the required elements are established through an international agreement between Romania and the Member State concerned, the participating contracting authorities conclude an agreement through which lay down the responsibilities of the parties: (a)) and the provisions of national law applicable;
  

b internal organization) aspects of the procedure for the award, including the organisation of the procedure, the distribution of the works, products or services to be purchased and contracts.
  


Article 47


(1) the Contracting Authority participating in a purchase made in accordance with article 4. 46 para. (4) is under no obligation to apply the provisions of this law when purchasing works, goods or services which are the object of purchase from the contracting authority responsible for the Organization of the award procedure.
  

(2) the Contracting Authority participating in a purchase made in accordance with article 4. 46 para. (4) may, according to the provisions of article 3. 46 para. (5) (a). the allocation of specific responsibilities), between these and may agree upon the application of the national legislation of any of the Member States where are located the participating contracting authorities.
  

(3) the procedure for the allocation of responsibilities and applicable national legislation mentioned in the documentation for the award of public procurement contracts awarded in accordance with the provisions of art. 46 para. 4. Article 48 (1) where several Contracting authorities from Romania and other Member States have set up an entity, including a European grouping of territorial cooperation under Regulation (EC) No 1782/2003. 1.082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (GREATER) or another entity under European Union law, the participating contracting authorities agree, by decision of the competent body of the joint entity, on the implementation of the provisions of national law in respect of procurement of one of the following Member States: the Member State) entity municipality has its seat;
  

b) Member State in which the entity carries out activities of the municipality.
  

(2) the agreement referred to in paragraph 1. (1) may take effect for an indefinite period, when it is incorporated in the Constitutive Act of the joint entity, or can be limited to a specified period, certain types of contracts or one or more assignments of individual contracts.
  


Chapter II general rules of participation and progress of award procedures section 1 economic operators Article 49 Contracting authorities have an obligation to grant equal treatment to economic operators and non-discriminatory manner and to act in a transparent and proportionate manner.


Article 50 (1) the contracting authorities will not conceive or structure of the fold elements of their purchases for the purpose of the exemption from the provisions of their law or restricting artificial competition.
  

(2) for the purposes of paragraph 1. (1) it is considered that there is an artificial restriction of competition where the acquisition times of its elements are designed or structured in order to favour unduly disadvantage times certain economic operators.
  


Article 51 (1) the contracting authority shall indicate in the documentation of the award binding regulations in the fields of environment, social and work relationships, established by legislation adopted at EU level, national law, collective agreements or treaties, international conventions and agreements in these areas to be observed throughout the tendering contract execution times to indicate the competent institutions from which operators can obtain detailed information on the regulations in question.
  

(2) in the case referred to in paragraph 1. (1) the contracting authority has the obligation to request at the same time economic operators under the offer indicate that in drawing up its heeding the relevant obligations in the fields of environment, social and labor relations.
  


Article 52 (1) economic operators who, under the laws of the State in which they are established, are entitled to perform a particular activity is included in the object of purchase may not be rejected solely on the ground that, under the legislation of the Member State in which the contract is awarded, are required to be either natural or legal persons.
  

(2) in the case of procurement of services, contracts for the procurement of works and contracts for the procurement of products and services or include times location and operation of the installation, the contracting authority may require the legal persons or other entities established in another form of organization prescribed by legal provisions to indicate, in the context of tenders times requests to participate the names and relevant professional qualifications of the individuals responsible for the execution of the contract in question.
  


Article 53 any economic operator shall be entitled to participate in the procurement procedure as a tenderer or candidate, either individually or in common with other operators, including temporary forms of association constituted for the purpose of participation in the procurement procedure, the proposed subcontractor or third party proponent, under the conditions laid down in this law.


Article 54 (1) the contracting authority shall not be entitled to require economic operators who participate jointly in the procedure for awarding to adopt or to constitute a particular legal form for the submission of a tender or a request to participate.
  

(2) the contracting authority shall be entitled to require economic operators participating in the joint award procedure whose offer was winning to adopt or to establish a specific legal form, provided that this has been provided for in the notice of invitation to tender and award documentation and to the extent that such amendment is necessary for the performance of public procurement contract.
  

(3) the contracting authority is entitled to establish through procurement documentation when necessary and justified for objective reasons, the way in which operators are to comply with the requirements relating to the economic and financial capacity and the technical and professional capacity in the case of joint participation in invitations to tender, respecting the principle of proportionality.
  

(4) the contracting authority is entitled to establish through the documentation of the specific conditions concerning the award enforcement contract tendering/framework agreement where economic operators participating in the joint award procedure, different from those applicable to individual bidders justified on objective grounds and in compliance with the principle of proportionality.
  

(5) Through the methodological norms of this law shall lay down the provisions or standard requirements in connection with the arrangements for the performance of the operators who participate jointly in the procedure for the award of the requirement for the economic and financial capacity and the technical and professional capacity.
  


Article 55 (1) the contracting authority shall request the tenderer/applicant's tender must indicate in the request for participation the part/parts of the contract are going to subcontract and the identification of any subcontractors proposed.
  

(2) the proposed Subcontractor shall comply with the same obligations as the bidders, the environment, social and work relationships, established by legislation adopted at EU level, national law, collective agreements or treaties and international agreements in these areas, as set out in the documentation of the award under art. 51 para. (1) Section 2 of the reserved Article 56 Contracts (1) the contracting authority may reserve the right to award only the protected units authorised under law No. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and additions, the insertion and social undertakings provided for in law No. 219/2015 concerning the social economy.
  

(2) in the notice/invitation the contracting authority shall specify explicitly in this article as the legal basis of the award procedure.
  


Section 3 of the Privacy in article 57 (1) without prejudice to the other provisions of this law or the laws on free access to information of public interest times of other normative acts that regulate the activity of the contracting authority, the contracting authority shall not disclose information submitted by operators designated by them as confidential, including technical or trade secrets and confidential elements of tenders.
  

(2) the provisions of paragraphs 1 and 2. (1) does not affect the obligations of the contracting authority referred to in article 1. 145 and 215 in connection with sending for publication of the notice of invitation to tender and award procedure result communication by candidates/tenderers.
  

(3) the contracting authority may require the operators of certain requirements in order to protect the confidential nature of information which they make available throughout the procurement procedure.
  


Section 4 Rules to avoid conflict of interest Article 58


During the application of the tendering procedure, the contracting authority is obliged to take all necessary measures to prevent, identify and remedy situations of conflict of interest, in order to avoid distortions of competition and to ensure equal treatment for all economic operators.


Article 59 for the purpose of this law, by the conflict of interest is any situation in which the contracting authority's personnel or of an acquisition service provider acting on behalf of the contracting authority, who are involved in the award procedure or that may influence its outcome have, directly or indirectly, an interest in finance, economics or some other personal interest that could be perceived as an element which compromises the impartiality of their independence in the context of the times award procedure.


Article 60 (1) represents the potential situations of conflict of interest generating any situations that might lead to the appearance of a conflict of interests within the meaning of art. 59, such as the following, by way of a regulated sample: a) participating in the process of verification/evaluation of tenders/requests to participate of persons that hold shares, parties of interest, shares of subscribed capital of one of the bidders/third-party candidates, supporters or subcontractors proposed times of people belonging to the Board of Directors/governing body or supervisory body of one of the applicants/candidates third-party supporters, the times proposed subcontractors;
  

b) participating in the process of verification/evaluation of requests for tenders participation of a person/who is the spouse, relative or bilberry, up to the second degree inclusive, with people who are part of the Board of Directors/governing body or supervision of any of the bidders/third-party candidates, supporters proposed subcontractors times;
  

c) participation in the process of checking/evaluating requests to participate a person tenders/about or concerning which there are reasonable indications/factual information that may have a direct interest in the times indirectly, personal, financial, economic or otherwise, or is in a different situation liable to affect the independence and impartiality of the evaluation process;
  

d) situation in which individual bidder/tenderer/sub-contractor associated candidate/proposed/third party supporter has as members within the Board of Directors/management or supervisory and/or has shareholders times significant persons associated spouse, relative or Bilberry up to the second degree inclusive, or who is in the commercial relations with people with decision-making functions within the contracting authority or service provider getting involved in the award procedure;
  

e) situation where the tenderer/candidate has nominated among the main persons designated for carrying out the contract are persons spouse, relative or Bilberry up to the second degree inclusive, or who is in the commercial relations with people with decision-making functions within the contracting authority or service provider getting involved in the award procedure.
  

(2) for the purposes of paragraph 1. (1) (a). d), significant shareholder or Member means a person exercising rights related actions which, combined, represent at least 10% of the share capital or grants to licensee at least 10% of the total voting rights in the General Assembly.
  


Article 61 declared the winner Bidder with whom the contracting authority has concluded the contract tendering is not entitled to employ any other agreements or conclude regarding the provision of services directly indirectly, in times to fulfil the contract procurement, with natural or legal persons who have been involved in the process of verification/evaluation of requests for tenders participation/under a procurement procedure times employees/former employees of the contracting authority or the service provider customer acquisition involved in the award procedure with the contracting authority/service provider is getting involved in the award procedure ceased contractual relations subsequently contract tender, for a period of at least 12 months after the conclusion of the contract, under penalty of termination of rezoluţiunii times the contract in question.


Article 62 (1) if the contracting authority identifies a potential situation generating conflict of interests within the meaning of art. 59, it has an obligation to take any steps necessary to determine if this situation represents a conflict of interest situation and present the candidate/tenderer is found out in that situation, a statement of the reasons which, in the opinion of the contracting authority, are likely to give rise to a conflict of interest.
  

(2) in the case referred to in paragraph 1. (1) the contracting authority shall request the candidate/tenderer transmitting his point with that situation.
  

(3) where, pursuant to the provisions of paragraph 1. (1) and (2) the contracting authority determines that there is a conflict of interest, the contracting authority shall take the necessary measures to eliminate the circumstances that led to the conflict of interest measures, such as replacing the persons responsible for the assessment of the tenders, when they affected the impartiality, where possible, elimination of the candidate or tenderer/learned in relation to individuals with decision-making functions within the contracting authority.
  


Article 63 (1) the contracting authority shall indicate the names of the people in the documents of purchase decision-making functions within the contracting authority or service provider getting involved in the award procedure.
  

(2) the contracting authority shall publish, by electronic means the name and identification of the tenderer/subcontractor/candidate/proposed third party supporter, within five days of the expiry of the time-limit for the submission of requests to participate/tenders, except for individuals, which publishes the name only.
  


Section 5-rules of communications Article 64 (1) any communication, notification, request information, and the like, provided for by the present law, shall be sent in writing, by electronic means of communication or, as an exception, by means other than electronic ones.
  

(2) the tools and devices used for communicating by electronic means, as well as their technical characteristics shall be non-discriminatory in nature, generally available, to ensure interoperability with generic products in the field of information and communication technology and do not restrict the access of economic operators to the award procedure.
  

(3) exception from paragraph 1. (1) verbal communication can be used for other communications than those relating to the essential elements of a procurement procedure, provided the main logging by writing elements of verbal communication, content subject to procurement processes, informing all participants.
  

(4) for the purposes of paragraph 1. (3) the essential elements of the tendering procedure shall include the acquisition documents, requests to participate and tenders.
  

(5) the content of verbal communications with tenderers who could have a significant impact on the content and evaluation of tenders should be reported by appropriate means, such as minutes, audio recordings or summaries of the main elements of the draft.
  


Article 65 (1) the contracting authority is required to ensure the protection of data integrity, confidentiality of tenders and requests to participate in all operations, communication, transmission and storage of information.
  

(2) the content of tenders and requests to participate, as well as that of plans/projects in the case of design contests is confidential until the date fixed for opening them.
  

(3) the contracting authority shall take cognizance of the content of the tenders, requests for participation and plans/projects in the case of design contests only from the date fixed for opening them.
  


Article 66 (1) the contracting authority shall be entitled, if necessary, require the use of tools and devices that are not available with general condition to provide alternative means of access.
  

(2) the contracting authority provides alternative means of appropriate access if they are in one of the following situations: a) offers direct, free, and completely free, by electronic means, the tools and devices referred to in paragraph 1. (1) the date of publication of the notice of invitation to tender; in the notice of invitation to tender shall specify the internet address at which are accessible to these tools and devices;
  


b) ensures that operators who do not have access to the tools and devices referred to in paragraph 1. (1) and no possibility to get them within the time limits laid down, provided that access cannot be attributed to the economic operator concerned, can access the award procedure through the use of provisional devices made available free of charge online;
  

(c) ensure the availability of a) alternative methods for electronic filing of tenders.
  


Article 67 Through detailed rules for the application of this law shall be laid down, taking into account the technological progress: a) the situations and conditions in which it is allowed to use other means of electronic communication;
  

b) rules and requirements that must be met by devices and instruments used in connection with the transmission and receipt of tenders, requests to participate and plans/projects in the case of design contests, including in situations and conditions that may be required, or requires the use of electronic signature, as well as the modalities of its implementation;
  

c) using some specific technical standards to ensure interoperability of tools and devices used for electronic communication.
  


Chapter III rules for assigning Procurement Section 1 § 1 Application of procurement procedures Article 68 procurement covered by this law, applicable to the award of public procurement contracts/framework agreements or organizing design contests with an estimated value equal to or greater than the thresholds laid down in article 21. 7 para. (5) are the following: a) tender opened;
  

b) restricted tender;
  

c) competitive negotiation;
  

d) competitive dialogue;
  

e) partnership for innovation;
  

f) negotiation without prior publication;
  

g) contest solutions;
  

h) award procedure applicable in the case of social services and other services;
  

I) simplified procedure.
  


Article 69 (1) the contracting authority shall award public contracts/framework agreements, if the estimated value is greater than or equal to the value thresholds laid down in article 21. 7 para. (1) by applying the procedures of open tender or auction.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) the contracting authority shall be entitled to apply the partnership for innovation under the conditions laid down in article 21. 95-103. (3) Notwithstanding the provisions of paragraph 1. (1) the contracting authority is entitled to enforce the competitive negotiated procedures and the competitive dialogue only in the cases and under the conditions laid down in article 21. 70. (4) Notwithstanding the provisions of paragraph 1. (1) the contracting authority is entitled to enforce the negotiated procedure without prior publication of a contract notice solely in cases and under the conditions laid down in article 21. 104. (1) Notwithstanding the provisions of paragraph 1. (1) the contracting authority is entitled to organise a contest solutions under the conditions of art. 3 paragraphs 1 and 2. (1) (a). j) and art. 105-110. (6) Notwithstanding the provisions of paragraph 1. (1) the contracting authority shall award public contracts/framework agreements with social services and other services under the conditions laid down in article 21. 111 and 112.
  


Article 70 (1) the contracting authority is entitled to enforce the competitive negotiated procedure or a competitive dialogue procedure in the case of purchasing works, goods or services, if it meets at least one of the following criteria: the needs of the contracting authority) cannot be secured without adaptation solutions available quickly on the market;
  

b) works, products or services include design solutions or innovative solutions;
  

c) contract may not be assigned without prior negotiations due to specific circumstances linked to the nature of the time complexity or legal structure and financial times because of risks associated with them;
  

d) technical specifications may not be defined with sufficient precision the contracting authority by reference to a standard, a European technical assessment, a common technical specification or a reference technique.

(2) the contracting authority is entitled to enforce the competitive negotiated procedure or a competitive dialogue procedure for the procurement of works, goods and services where, following an open tender procedure or restricted tender have been lodged only non-compliant bids, or unacceptable.
  

(3) in the case referred to in paragraph 1. (2) the contracting authority has the right not to publish a contract notice if the award procedure exclusively those bidders that, in previous proceedings of open or restricted tender auction to satisfy the qualifying criteria and have submitted tenders in accordance with the formal requirements of the tendering procedure.
  


(2) tender opened under Article 71 of the tendering procedure open to any economic operator is entitled to submit the bid following the publication of a contract notice.


Article 72 open Auction initiates by sending for publication of a contract notice, in accordance with the provisions of art. 144 paragraph 1. (2) and (3), by which the contracting authority shall require contractors submitting tenders.


Article 73 (1) open tender procedure shall take place in a single step.
  

(2) the contracting authority is entitled to decide to hold an electronic auction finale, in which case it is required to specify in this decision the notice of invitation to tender and award documentation.
  


Article 74 (1) the period between the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union and the deadline for submission of tenders is at least 35 days.
  

(2) if the contracting authority has published a notice of intent relating to the procurement contract to be awarded, it may reduce the period referred to in paragraph 1. (1) at least 15 days if the following cumulative conditions: (a) notice of intent) included all the information required for notice, insofar as that information was available at the time of publication of the notice of invitation to tender;
  

b) notice of intent has been transmitted for publication with a period between 35 days and 12 months before the date of transmission of the notice of invitation to tender.
  

(3) where an emergency situation properly, as demonstrated by the contracting authority, make it impossible to meet the period referred to in paragraph 1. (1) the contracting authority may lay down a period for the submission of tenders which may not be less than 15 days from the date of transmission for publication of the notice of invitation to tender.
  

(4) the contracting authority is entitled to reduce the 5-day period for submission of tenders laid down in paragraph 1. (1) in the event that supports submission of tenders by electronic means, under the present law.
  


Article 75 the Tenderer submitting the tender in accordance with the requirements of the information and documents of purchase, accompanied by documents or document's unique european acquisition in accordance with article 4. 193-197, where applicable, that demonstrates compliance with the criteria of skill set by the contracting authority.


(3) restricted invitation to tender Article 76 in the procedure of restricted tendering any economic operator is entitled to submit a request to participate following the publication of a contract notice, only candidates who meet the criteria for qualification and selection set by the contracting authority is entitled to submit the offer stage.


Article 77 restricted Auction initiates by sending for publication of a contract notice, in accordance with the provisions of art. 144 paragraph 1. (2) and (3), by which the contracting authority shall require contractors submitting requests to participate in order to provide information and documents for qualification and selection set by the contracting authority.


Article 78 (1) restricted tendering procedure shall be carried out in two stages: the stage of submission) of requests to participate and the selection of candidates through the application of the criteria for qualification and selection;
  

b) stage submission of tenders by the selected candidates at the first stage and evaluated by applying the criterion of the assignment and makers.
  

(2) the stage referred to in paragraph 1. (1) (a). the contracting authority), shall have the right to limit the number of candidates meeting the criteria for qualification and selection, and who will be invited to submit tenders in the second stage, provided that it is ensured a minimum number of candidates.
  


(3) the contracting authority shall indicate in the notice the criteria or targets and non-discriminatory rules they intend to apply, the minimum number of candidates they intend to invite to bid in the second stage of the procedure and, if applicable, the maximum number.
  

(4) the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (3) must be sufficient to ensure genuine competition and, in any event, not be less than 5.
  

(5) when selecting candidates, the contracting authority shall apply only the selection criteria set out in the notice of invitation to tender.
  

(6) following the completion of the first stage referred to in paragraph 1. (1) (a). the contracting authority), transmit simultaneously to all candidates choose an invitation to participate in the second stage.
  

(7) the contracting authority is obliged to invite the second stage a number of candidates at least equal to the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. 4. (8) if the number of candidates who fulfil the qualification criteria and the selection is smaller than the number indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (4) the contracting authority is entitled to choose between continuing the procedure of assignment only with that candidate/those candidates that meets requirements and/requested to cancel the procedure, under the conditions laid down in article 21. 213. (9) the contracting authority is not entitled to request the second stage an economic operator that has not submitted a request to participate in the first stage, or did not meet the criteria for qualification and selection.
  

(10) the contracting authority is entitled to decide to hold an electronic auction finale, in which case it is required to specify in this decision the notice of invitation to tender and award documentation.
  


Article 79 (1) the period between the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union and the deadline for the submission of requests to participate shall be at least 30 days.
  

(2) the period between the date of the invitation to participate in the transmission of the second stage of the award procedure and deadline for the submission of tenders shall be no less than 30 days.
  

(3) if the contracting authority has published a notice of intent regarding public procurement contract/agreement to be assigned, it may reduce the period referred to in paragraph 1. (2) at least 10 days if the following cumulative conditions: (a) notice of intent) included all the information required for notice, insofar as that information was available at the time of publication of the notice of invitation to tender;
  

b) notice of intent has been transmitted for publication with a period between 35 days and 12 months before the date of transmission of the notice of invitation to tender.
  

(4) the contracting authority is entitled to reduce the 5-day period for submission of tenders laid down in paragraph 1. (2) in the event that supports submission of tenders by electronic means, under the present law.
  

(5) where an emergency situation properly, as demonstrated by the contracting authority, make it impossible to meet the periods referred to in paragraph 1. (1) or (2) resulting from the application of paragraph 1. (3) the contracting authority may establish: a) a reduced period for the submission of requests to participate which may not be less than 15 days from the date of transmission for publication of the notice of invitation to tender;
  

b) for a period for the submission of tenders which may not be less than 10 days from the date of communication of the invitation to participate in the second stage of the award procedure.
  


Competitive Negotiation (4) Article 80 within the competitive negotiated procedure any economic operator is entitled to submit a request to participate following the publication of a contract notice, only candidates who meet the criteria for qualification and selection set by the contracting authority is entitled to submit initial offers in the subsequent phase, the contracting authority will be developed to improve their negotiation.


Article 81 competitive Negotiation is initiated by submitting for publication of a contract notice, in accordance with the provisions of art. 144 paragraph 1. (2) and (3), by which the contracting authority shall require contractors submitting requests to participate in order to provide information and documents for qualification and selection set by the contracting authority.


Article 82 (1) competitive negotiated Procedure shall be conducted, as a rule, compulsory in two stages: the stage of submission) of requests to participate and the selection of candidates through the application of the criteria for qualification and selection;
  

b submission of tenders) the initial stage of the selected candidates at the first stage and the assessment of their compliance with the minimum requirements set by the contracting authority under art. 83 para. (2) negotiations to improve initial tenders, submission of tenders and evaluated by applying the criterion of the assignment and makers.
  

(2) the stage referred to in paragraph 1. (1) (a). the contracting authority), shall have the right to limit the number of candidates meeting the criteria for qualification and selection, and who will be invited to submit tenders, provided that it is ensured a number of 3 candidates.
  

(3) the contracting authority shall indicate in the notice the criteria or targets and non-discriminatory rules they intend to apply, the minimum number of candidates they intend to invite them to submit their initial bids in the second stage of the procedure and, if applicable, the maximum number.
  

(4) the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (3) must be sufficient to ensure genuine competition provided it is ensured a number of 3 candidates.
  

(5) when selecting candidates, the contracting authority shall apply only the selection criteria set out in the notice of invitation to tender.
  

(6) following the completion of the first stage referred to in paragraph 1. (1) (a). the contracting authority), transmit simultaneously to all candidates choose an invitation to participate in the second stage.
  

(7) the contracting authority is obliged to invite the second stage a number of candidates at least equal to the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. 4. (8) if the number of candidates who fulfil the qualification criteria and the selection is smaller than the number indicated in the notice of invitation to tender, in accordance with the provisions of paragraph 1. (4) the contracting authority is entitled to choose between continuing the procedure of assignment only with that candidate/those candidates that meets requirements and/requested to cancel the procedure, under the conditions laid down in article 21. 213. (9) the contracting authority is not entitled to request the second stage an economic operator that has not submitted a request to participate in the first stage, or did not meet the criteria for qualification and selection.
  

(10) the contracting authority may assign the contract tendering/framework agreement on the basis of the tenders, without negotiation, where reserved that possibility by notice.
  

(11) the contracting authority is entitled to decide to hold an electronic auction finale, in which case it is required to specify in this decision the notice of invitation to tender and award documentation.
  


Article 83 (1) the contracting authority shall award documentation defines the object of acquisition by means of the contracting authority's needs and the description of the characteristics required for the products, works or services to be purchased and sets the criterion for the assignment and makers for the evaluation of tenders.
  

(2) under the description of the elements listed in paragraph 1. (1) the contracting authority establishes minimum requirements in relation to these that bids must meet.
  

(3) information provided through award documentation must be sufficiently precise to enable the economic operators to determine the nature and the object of purchase and general, on the basis thereof, to decide on the submission of an application for participation or failure to award procedure.
  


Article 84 (1) the period between the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union and the deadline for the submission of requests to participate shall be at least 30 days.
  

(2) the period between the date of the invitation to participate in the transmission of the second stage of the award procedure and deadline for the submission of initial tenders is at least 30 days.
  


(3) if the contracting authority has published a notice of intent regarding public procurement contract/agreement to be assigned, it may reduce the period referred to in paragraph 1. (2) at least 10 days if the following cumulative conditions: (a) notice of intent) included all the information required for notice, insofar as that information was available at the time of publication of the notice of invitation to tender;
  

b) notice of intent has been transmitted for publication with a period between 35 days and 12 months before the date of transmission of the notice of invitation to tender.
  

(4) the contracting authority is entitled to reduce the 5-day period for submission of tenders laid down in paragraph 2, initial (2) in the event that supports submission of tenders by electronic means, under the present law.
  

(5) where an emergency situation properly, as demonstrated by the contracting authority, make it impossible to meet the periods referred to in paragraph 1. (1) or (2) resulting from the application of paragraph 1. (4) the contracting authority may establish: a) a reduced period for the submission of requests to participate which may not be less than 15 days from the date of transmission for publication of the notice of invitation to tender;
  

b) for a period for the submission of tenders, which may not be less than 10 days from the date of communication of the invitation to participate in the second stage of the award procedure.
  


Article 85 (1) except as provided for in art. 82 para. (10) the contracting authority shall negotiate with tenderers the tenders and initial all subsequent offers of these, except the final tenders, in order to improve their contents.
  

(2) the minimum requirements set by the contracting authority under art. 83 para. (2) the award criteria and the evaluation cannot be made the subject of negotiations.
  

(3) the duration of the negotiations, the contracting authority has the obligation to ensure compliance with the principle of equal treatment with respect to all tenderers and does not provide information in a discriminatory manner, that could create some one/bidders an advantage in relation to the others.
  

(4) the contracting authority shall inform in writing all tenderers whose tenders have not been eliminated from the competition, according to para. (8) and (9) in relation to any modifications of the technical specifications or other documents of purchase, with the exception of the provisions concerning the minimum requirements established by the contracting authority under art. 83 para. (2) that cannot be changed.
  

(5) as a result of the amendments referred to in paragraph 1. (4) the contracting authority shall grant a period sufficient for the modification of tenders tenderers and relaying the tenders modified, if any.
  

(6) the contracting authority shall not disclose any confidential information disclosed to other participants of a candidate or tenderer participating in negotiations, without the written consent of the latter.
  

(7) the agreement referred to in paragraph 1. (6) cannot be expressed but also of a general nature is expressed with regard to the intent of notifying each of certain specific information.
  

(8) the contracting authority is entitled to conduct negotiations in successive rounds, in order to reduce the number of tenders to be negotiated.
  

(9) the reduction in the number of offers according to the provisions of paragraph 1. (8) shall be carried out only on the basis of the evaluation factors set by notice or other document of purchase.
  

(10) the application of the option provided for in paragraph 1. (8) must be indicated by the contracting authority under the notice or other document.
  

(11) where a contracting authority intends to conclude negotiations, it informs bidders left in the competition and sets a time limit for the submission of new or revised offers, representing the final offerings.
  

(12) the contracting authority shall verify that the tenders provided for in paragraph 1 shall be final. (11) comply with the minimum requirements set by the contracting authority under art. 83 para. (2) the requirements laid down in the invitation to tender, evaluates the tenders and award a contract on the basis of the award criterion of the evaluation factors.
  


(5) competitive dialogue under Article 86 of the competitive dialogue procedure any economic operator is entitled to submit a request to participate following the publication of a contract notice, only candidates who meet the criteria for qualification and selection set by the contracting authority shall be entitled to participate in the dialogue phase, while the remaining candidates in the late phase of the dialogue have the right to submit final bids.


Article 87 of the competitive dialogue procedure is initiated by submitting for publication of a contract notice, in accordance with the provisions of art. 144 paragraph 1. (2) and (3), by which the contracting authority shall require contractors submitting requests to participate in order to provide information and documents for qualification and selection set by the contracting authority.


Article 88 (1) of the competitive dialogue procedure is carried out in three stages: the stage of submission) of requests to participate and the selection of candidates through the application of the criteria for qualification and selection;
  

b) stage selected candidates, with dialogue in order to find suitable solutions/solution answer the needs of the contracting authority and which will be submitted/to which final bids;
  

c) stage finale for submission of tenders by the remaining candidates in the following phase of dialogue and evaluated by applying the criterion of the assignment and makers.
  

(2) the stage referred to in paragraph 1. (1) (a). the contracting authority), shall have the right to limit the number of candidates meeting the criteria for qualification and selection and shall be invited to participate in the dialogue, provided that it is ensured a minimum number of candidates.
  

(3) the contracting authority shall indicate in the notice the criteria or targets and non-discriminatory rules they intend to apply, the minimum number of candidates they intend to invite them into the second stage of the procedure and, if applicable, the maximum number.
  

(4) the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (3) must be sufficient to ensure genuine competition and, in any event, there can be no greater than 3.
  

(5) when selecting candidates, the contracting authority shall apply only the selection criteria set out in the notice of invitation to tender.
  

(6) following the completion of the first stage referred to in paragraph 1. (1) (a). the contracting authority), transmit simultaneously to all candidates choose an invitation to participate in the second stage.
  

(7) the contracting authority is obliged to invite the second stage a number of candidates at least equal to the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. 4. (8) if the number of candidates who fulfil the qualification criteria and the selection is smaller than the number indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (4) the contracting authority is entitled to choose between continuing the procedure of assignment only with that candidate/those candidates that meets requirements and/requested to cancel the procedure, under the conditions laid down in article 21. 213. (9) the contracting authority is not entitled to request the second stage an economic operator that has not submitted a request to participate in the first stage, or did not meet the criteria for qualification and selection.
  

(10) following the completion of the first stage referred to in paragraph 1. (1) (a). b), the contracting authority shall forward simultaneously all the remaining candidates competing for an invitation for the submission of tenders.
  


Article 89 the period between the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union and the deadline for the submission of requests to participate shall be at least 30 days.


Article 90 (1) the contracting authority shall draw up its needs and requirements through notice and defines them in the context of the notice of invitation to tender and/or a descriptive document.
  

(2) the contracting authority establishes and defines in the context of the notice of invitation to tender and/or descriptive document referred to in paragraph 1. (1) the award criteria and the assessment factors, as well as an indicative time limit for carrying out the procedure for the award of the contract.
  

(3) the award criteria used in the case of the competitive dialogue procedure are the best value for money or the best cost/quality ratio, referred to in art. 187 para. (3) (a). c) and (d)).
  


Article 91 (1) the contracting authority conducts a dialogue with each stage of the selected candidate in hand, in order to identify and define the best means to satisfy its needs.
  

(2) Only candidates selected by the contracting authority as a result of the completion of the first stage referred to in article 1. 88 para. (1) (a). the round may attend) dialogue.
  


(3) in the dialogue the contracting authority and the selected candidates may discuss all aspects of the acquisition.
  

(4) during the dialogue, the contracting authority has the obligation to ensure compliance with the principle of equal treatment to all applicants and do not provide information in a discriminatory manner, that could create some one/candidates an advantage in relation to the others.
  

(5) the contracting authority is obliged to not disclose other candidates solutions proposed or other confidential information communicated by a candidate participating in the dialogue without his/her written consent.
  

(6) the agreement referred to in paragraph 1. (5) may not be of a general nature but is expressed on every intention of certain specific information.
  


Article 92 (1) the contracting authority is entitled to conduct the dialogue in successive rounds, in order to reduce the number of solutions to be discussed during the dialogue.
  

(2) reducing the number of solutions according to the provisions of paragraph 1. (1) shall be carried out only on the basis of the evaluation factors set by notice and/or descriptive document referred to in article 1. 90 para. (1) and (3) the application of the option provided for in paragraph 1. (1) the contracting authority should be indicated within the advertisement and/or descriptive document referred to in article 1. 90 para. (1) and (4) the contracting authority shall continue the dialogue until it can identify the solution/solutions able to satisfy its needs.
  

(5) after having completed the stage dialogue and said he informed in this regard candidates remaining in the competition, the contracting authority shall invite each of them to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue.
  

(6) the final Tenders laid down in paragraph 1. (5) include all the elements required and necessary for carrying out the project.
  

(7) the contracting authority has the right to request clarifications, clarifications and improvements to the final tenders.
  

(8) the clarifications, specifications and improvements referred to in paragraph 1. (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 the requirements set out in the notice and/or descriptive document referred to in article 1. 90 para. (1) where the amendment of these items, necessities and requirements is likely to distort competition or have a discriminatory effect.
  


Article 93 (1) the contracting authority shall assess the tenders received on the basis of the award criteria and the evaluation factors set by notice and/or in the descriptive document referred to in article 1. 90 para. (1) and (2) at the request of the contracting authority may conduct the negotiations with the bidder whose bid was final as being the best value for money pursuant to the assessment factors set by the contracting authority, involving the confirmation of financial commitments or other terms or conditions contained in the offer in order to establish the terms of the contract, provided that these negotiations does not result in substantial changes to the essential aspects of the tender or the tender , including the needs and requirements laid down in the notice or the descriptive document referred to in article 1. 90 para. (1), and not to distort competition or risk leading to discrimination.
  


Article 94 the contracting authority may provide for premiums or payments to the participants in the dialogue under the conditions laid down in the documents of purchase.


Paragraph 6 of article 95 partnership for innovation within the framework of the partnership for innovation any economic operator is entitled to submit a request to participate following the publication of a contract notice, only candidates who meet the criteria for qualification and selection set by the contracting authority is entitled to submit initial offers in the subsequent phase, the contracting authority will conduct negotiations with a view to improving them.


Article 96 partnership for innovation is initiated by submitting for publication of a contract notice, in accordance with the provisions of art. 144 paragraph 1. (2) and (3), by which the contracting authority shall require contractors submitting requests to participate in order to provide information and documents for qualification and selection set by the contracting authority.


Article 97 (1) partnership for innovation unfolds in three stages: the stage of submission) of requests to participate and the selection of candidates through the application of the criteria for qualification and selection;
  

b submission of tenders) the initial stage of the selected candidates at the first stage and the assessment of their compliance with the requirements established by the contracting authority under art. 98 para. (3);
  

c) stage of the negotiations in order to improve initial tenders, submission of tenders and evaluated by applying the criterion of the assignment and makers.
  

(2) the stage referred to in paragraph 1. (1) (a). the contracting authority), shall have the right to limit the number of candidates meeting the criteria for qualification and selection, and who will be invited to submit tenders, provided that it is ensured a minimum number of candidates.
  

(3) the contracting authority shall indicate in the notice the selection criteria and rules on objective and non-discriminatory criteria it intends to apply for the selection of candidates, the minimum number of candidates they intend to invite them into the second stage of the proceedings and, where appropriate, the maximum number.
  

(4) the minimum number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (3) must be sufficient to ensure genuine competition and, in any event, not be less than three.
  

(5) when selecting candidates, the contracting authority shall apply only the training and selection criteria laid down in the notice of invitation to tender.
  

(6) following the completion of the first stage referred to in paragraph 1. (1) (a). the contracting authority), transmit simultaneously to all candidates choose an invitation to participate in the second stage.
  

(7) the contracting authority is obliged to invite the second stage at least a number of candidates equal to the number of candidates indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. 4. (8) if the number of candidates who fulfil the qualification criteria and the selection is smaller than the number indicated in the notice of invitation to tender in accordance with the provisions of paragraph 1. (4) the contracting authority is entitled to choose between continuing the procedure of assignment only with that candidate/those candidates that meets requirements and/requested to cancel the procedure, under the conditions laid down in article 21. 213. (9) following the completion of the first stage referred to in paragraph 1. (1) (a). b), the contracting authority shall transmit at the same time an invitation to all candidates to participate in the third stage of the award procedure.
  


Article 98 (1) the contracting authority shall apply to the partnership for innovation when it identifies the need to develop and purchase of a product, service or innovative works, necessity which cannot be satisfied by the solutions available on the market at a specific time.
  

(2) the contracting authority shall award documentation describes the needs with respect to the product, service or innovative works that cannot be satisfied through the purchase of products, services or works available on the market at that time.
  

(3) in the description of the elements listed in paragraph 1. (2) the contracting authority establishes minimum requirements in relation to these that bids must meet.
  

(4) the information provided by the documents of purchase must be sufficiently precise to enable the economic operators to determine the nature and the purpose of the solution required, on the basis thereof, to decide on the submission of an application for participation or failure to award procedure.
  

(5) the contracting authority may decide to implement the partnership for innovation with one partner or with multiple partners that carry out research and development activities.
  

(6) the award criteria used if partnership for innovation are the best value for money or the best cost/quality ratio, referred to in art. 187 para. (3) (a). c) and (d)).
  


Article 99 the period between the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union and the deadline for the submission of requests to participate shall be at least 30 days.


Article 100 partnership for innovation aims to develop a product, an innovative service or innovative works and acquisition of the products, services or work results, provided that they correspond to the levels of performance and maximum costs agreed between the contracting authority and the participants.


Article 101


(1) partnership for innovation takes place in successive phases, following the succession of stages in the process of research and innovation, which may include products, services or completion of the work.
  

(2) within the framework of the partnership for innovation are established intermediate targets to be achieved by the partners, as well as paying the price in instalments.
  

(3) on the basis of the objectives set out pursuant to paragraph 1. (2) the contracting authority may decide to stop after each phase the partnership for innovation or, in the case of a partnership for innovation ended with several partners, to reduce the number of partners through the cessation of certain contracts, provided that the contracting authority should be mentioned in the documentation of these possibilities, as well as the assignment and the conditions of their application.
  


Article 102 (1) in relation to the qualification and selection of candidates, the contracting authority shall lay down in particular the criteria relating to the capacity of the candidates in the field of research and development, the development of innovative solutions and their implementation.
  

(2) Only candidates selected by the contracting authority as a result of the completion of the first stage referred to in article 1. 97 para. (1) (a). He can present projects) research and innovation to meet the needs identified by the contracting authority that cannot be met by existing solutions.
  

(3) in the context of procurement documentation, the contracting authority shall define the rules applicable to intellectual property rights.
  

(4) if the partnership for innovation concluded with several partners, the contracting authority shall not disclose other partners solutions proposed or other confidential information communicated by a partner in the partnership, without his consent.
  

(5) the agreement referred to in paragraph 1. (4) cannot be expressed but also of a general nature is expressed with respect to every communication of intent of certain specific information.
  

(6) the contracting authority shall ensure that the structure of the partnership and, in particular, the duration of the various stages of it reflects the degree of innovation of the solution proposed and the succession of research and innovation activities necessary for the development of innovative solutions that is not available on the market.
  

(7) the estimated value of the products, services or works must not be disproportionate in relation to the investments needed for their development.
  


Article 103 (1) the contracting authority shall negotiate with tenderers the tenders and initial all subsequent offers of these, except the final tenders, in order to improve their contents.
  

(2) the minimum requirements set by the contracting authority under art. 98 para. (3) the award criteria and the evaluation cannot be made the subject of negotiations.
  

(3) the duration of the negotiations, the contracting authority has the obligation to ensure compliance with the principle of equal treatment with respect to all tenderers and does not provide information in a discriminatory manner, that could create some one/bidders an advantage in relation to the others.
  

(4) the contracting authority shall inform in writing all tenderers whose tenders have not been eliminated from the competition, according to para. (8) and (9) in relation to any modifications of the technical specifications or other documents of purchase, with the exception of the provisions concerning the minimum requirements established by the contracting authority under art. 98 para. (3) that cannot be changed.
  

(5) as a result of the amendments referred to in paragraph 1. (4) the contracting authority shall grant a period sufficient for the modification of tenders tenderers and relaying the tenders modified, if any.
  

(6) the contracting authority shall not disclose any confidential information disclosed to other participants of a candidate or tenderer participating in negotiations, without the written consent of the latter.
  

(7) the agreement referred to in paragraph 1. (6) cannot be expressed but also of a general nature is expressed with regard to the intent of notifying each of certain specific information.
  

(8) the contracting authority is entitled to conduct negotiations in successive rounds, in order to reduce the number of tenders to be negotiated.
  

(9) the reduction in the number of offers according to the provisions of paragraph 1. (8) shall be carried out only on the basis of the evaluation factors set by notice or other document of purchase.
  

(10) the application of the option provided for in paragraph 1. (8) must be indicated by the contracting authority under the notice or other document.
  


§ 7 the negotiation without prior publication Article 104 (1) the contracting authority is entitled to enforce the negotiated procedure without prior publication of a contract notice for contracts to be awarded procurement contracts/framework agreements for works, products or services in one of the following cases: a) if under a tendering procedure open restricted auction organized for times purchase products services or work in question has not filed any offer/request to participate or have been lodged only offers/requests of participation which do not comply with the condition that they do not substantially alter the original terms and conditions of purchase and, at the request of the European Commission to be transmitted a report thereof;
  

b) if the works, products or services can be supplied only by a particular economic operator for one of the grounds referred to in paragraph 1. (2);
  

c) as a measure strictly necessary when periods of application of the open tender procedures, tender restricted or competitive negotiation cannot be met for reasons of extreme urgency brought about by events unforeseeable and which does not in any way due to an action or inaction of the contracting authority.
  

(2) the grounds referred to in paragraph 1. (1) (a). b) are the following: the purpose is to create acquisition) or purchasing a work of art or a unique artistic performances;
  

b) competition is missing for technical reasons;
  

c) protection of exclusive rights, including all intellectual property rights.
  

(3) the contracting authority may apply to the negotiated procedure without prior publication of a contract notice in the case referred to in paragraph 1. (1) (a). b) only if the grounds provided for in paragraph 1. (2) (a). b) and (c)), there is no reasonable alternative or substitute solution, such as the use of alternative distribution channels on the territory of Romania of the time outside or purchase of works, products or services which are comparable in terms of functional, and absent ╕ competition or exclusive rights are not the result of the artificial limitations to the contracting authority for the purposes of acquisition parameters for future procurement procedure. For technical reasons can be also generated by specific requirements concerning interoperability be met to ensure the operation of the works, products or services to be purchased.
  

(4) in the case referred to in paragraph 1. (1) (a). c), the contracting authority has no right to determine the duration of the contract for a period greater than that required to cope with the emergency situation giving rise to the application of negotiated procedure without prior publication of a contract notice.
  

(5) the contracting authority is entitled to enforce the negotiated procedure without prior publication of a contract notice for contracts on public acquisitions of goods in one of the following cases: (a)) where the products which are the subject of purchase are manufactured solely for the purpose of scientific research, experimental, study or development, and public procurement contract does not provide for the series production of quantities of the product in order to establish commercial viability or to recover research costs and development;
  

b) when it is necessary to purchase the initial contractor to additional quantities of products intended for partial replacement or expansion of existing facilities or products and only if the original contractor would change the contracting authority in a position to purchase products with different technical characteristics of existing ones which would result in incompatibility or disproportionate technical difficulties in operation and maintenance;
  

c) for products listed and purchased on a commodity market, such as agricultural products, raw materials and energy exchanges, where trading regulated multilateral structure and naturally supervised guaranteeing market prices;
  

d) for the purchase of products or services in special conditions advantageous from an economic operator who terminates business activities or who is in a bankruptcy, an arrangement with creditors or a similar procedure.
  

(6) the duration of contracts/addenda concluded under the provisions of paragraph 1. (5) (a). (b)), as well as the duration of the initial contracts may not exceed, as a general rule, three years.
  


(7) the contracting authority is entitled to enforce the negotiated procedure without prior publication of a contract notice for the award of public contracts for services when, as a result of a contest solutions, contract procurement services to be awarded in accordance with the rules laid down in the respective solutions, one of the contestant winner or winners of the competition contestants respectively; in the latter case, the contracting authority is obliged to transmit the invitation to talks to all competitors.
  

(8) the contracting authority is entitled to enforce the negotiated procedure without prior publication of a contract notice where the award of a contract subsequently tendering works or services, the Contracting Authority plans to purchase new works or services and only subject to the following cumulative conditions: (a) the assignment is made to the contractor) initially, and new works new services consisting, respectively, in the repetition of similar works or services provided for in the contract awarded and shall comply with the requirements laid down in the documents of purchase drawn up in connection with the initial contract award;
  

(b) the estimated value of the contract) the original works or services was determined by taking into account including new works or services that can be purchased at a later date;
  

(c)) in the notice of invitation to the procedure followed for the award of the contract initially stated that the contracting authority has the right to opt for the subsequent acquisition of new papers, new services, respectively, from the economic operator to which the offer will be declared the winner;
  

d) the negotiated procedure without prior publication of a contract notice is applied over a period that may not exceed three years from the conclusion of the original contract.
  


Paragraph 8 of Article 105 solutions Contest contest solutions can be held in one of the following ways: a) in proceedings for the award of a contract for the procurement of services;
  

b) as a procurement procedure, prizes or payments awarded to the participants.
  


Article 106 (1) contest solutions through the publication is initiated by the contracting authority to an ad contest requesting the operators interested in submitting projects.
  

(2) where a contracting authority intends to award a contract subsequently tendering of services as a result of a negotiated procedure without prior publication according to the provisions of article 3. 104 paragraphs 1 and 2. (7) the contracting authority shall indicate this in the notice of competition.
  

(3) the contracting authority which has organized a contest for publication solutions forward a notice of the results of the competition and must be able to prove the date of transmission of the notice.
  

(4) Notwithstanding the provisions of paragraphs 1 and 2 of the. (3) where the communication of information on the outcome of the contest would impede the application of provisions laid down by law, would be contrary to the public interest, would prejudice the legitimate commercial interests of public or private undertaking or might prejudice fair competition between service providers, such information is not required.
  


Article 107 where a contracting authority intends to limit the number of participants within a solution, the contracting authority establishes the qualification criteria and selection of clear, objective and non-discriminatory criteria must be specified explicitly in the documents.


Article 108 (1) In order to evaluate the projects submitted in the context of a solution, the contracting authority shall appoint a jury composed exclusively of natural persons who are independent of participants in the contest vs.
  

(2) where the participants in the contest are required for a specific professional qualification, at least one third of the members of the jury must hold the qualification or an equivalent qualification.
  


Article 109 (1) the jury shall be autonomous in decisions and opinions which it issues.
  

(2) the jury is required to assess anonymously and solely on the basis of the criteria indicated in the notice of competition, the plans and projects submitted by the candidates.
  

(3) anonymity is maintained until the time at which the jury shall render a decision or issue an opinion.
  

(4) on the basis of qualitative assessment of each project, the jury determines the ranking of the projects, as well as observations and issues which should be clarified, in a report signed by all jury members.
  

(5) candidates may be invited, if need be, to answer the questions recorded in the report of the jury, in order to clarify any aspect relating to the projects.
  

(6) the jury is required to draw up a full report of the dialogue between jury members and candidates.
  


Detailed Rules relating to article 110 organizing solutions shall establish detailed rules for the application of this law.


Paragraph 9 of the Social Services and other services specific to Article 111 (1) in the case of the award of a public procurement contract/agreement framework which aims at social services and other specific services, specified in annex No. 2, with an estimated value equal to or greater than the threshold specified in article 7. 7 para. (1) (a). c), the contracting authority shall have the following obligations: a) to make known their intention to purchase such services or through prior publication of a contract notice, either by means of a notice of invitation to tender valid continuously;
  

b) publish a notice of the award of the contract.
  

(2) Alternatively publication of ads on individual award, the contracting authority is entitled to quarterly award announcements group referred to in paragraph 1. (1) (a). (b)), in which case the contracting authority has the obligation to transmit for publication of procurement notices grouped within 30 days after the end of each quarter.
  

(3) the provisions of paragraphs 1 and 2. (1) (a). a) does not apply where public procurement contract/agreement with social services and other specific services, specified in annex No. 2, is awarded by negotiated procedure without prior publication in accordance with article 4. 104. (4) the award criteria used for assigning public procurement contracts/framework agreements with social services and other specific services, specified in annex No. 2, are the best value for money or the best cost/quality ratio, referred to in art. 187 para. (3) (a). c) and (d)), taking into account the criteria of quality and sustainability of social services.
  


Article 112 (1) the contracting authority is entitled to decide that participation in procedures for the award of public supply contracts having as their object the exclusive services of health, social, and cultural. 111 covered 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, between 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8 to be reserved for economic operators, such as non-profit legal persons, enterprises and units, accredited as social service providers, public social service providers.
  

(2) the economic operators to whom they may be reserved for the participation in the procurement procedures of entities referred to in paragraph 1. (1) must meet the following cumulative conditions: (a)) the purpose for which the operator has been established is the achievement of objectives in the field of public services, in relation to the provision of the services referred to in paragraph 1. (1);
  

b) profit for the operator is reinvested in order to accomplish the purpose for which it was established; If the profit is distributed or redistributed, this is based on considerations related to participation of employees in the economic operator's activity;
  

c) unachievable or structures that hold the operator carrying out the contract are based on the principle of participation of employees within the structures that hold the operator or require the active participation of employees, users, or other interested entities;
  

(d) the economic operator) has been awarded a contract for the services in question by the contracting authority concerned in accordance with this article, in the last 3 years.
  

(3) the maximum duration of contracts of procurement referred to in paragraph 1. (1) is 3 years.
  

(4) the notices referred to in articles. 111 para. (1) (a). published for the purpose of) award of contracts by invitation to tender as referred to in paragraph 1. (1) reference is made to this article.
  


§ 10 the simplified procedure of article 113 (1) the contracting authority shall be entitled to apply the simplified procedure under the conditions laid down in article 21. 7 para. (2).
  


(2) the simplified procedure is initiated by the publication of a notice in the SEAP simplified documentation accompanies the award.
  

(3) the contracting authority is obliged to determine the period for the submission of tenders depending on the complexity of the procurement contract/agreement framework and specific requirements, so that economic operators are interested in having a proper time interval and enough for drawing up of tenders and for the preparation of documents for qualification and selection, if requested through the documents.
  

(4) the contracting authority may decide to conduct the simplified: a) a stage;
  

b) in several stages involving both candidates, as well as negotiating and assessing tenders.
  

(5) in accordance with paragraph 1. (4) (a). a) and without prejudice to the provisions of paragraph 1. (3) the minimum period between the date of transmission of the notice of invitation to the simplified procedure and deadline for the submission of tenders shall be at least: (a)) 10 days, where it is proposed to award a contract for the procurement of services or products;
  

b) 6 days, where it is proposed to award a contract for the procurement of products of low complexity;
  

c) 15 days, where the award of a public procurement contract.
  

(6) in the case referred to in paragraph 1. (4) (a). b If the contracting authority), decide to hold a negotiation of tenders, it shall indicate in the notice the simplified.
  

(7) in the case referred to in paragraph 1. (4) (a). b), the contracting authority is obliged to convey simplified notice for publication in the SEAP, with at least 10 days before the deadline for the submission of requests to participate.
  

(8) in the case referred to in paragraph 1. (4) (a). b), the contracting authority has the obligation to transmit simultaneously, all of the candidates, an invitation to participate in the second stage.
  

(9) In the second stage of the case referred to in paragraph 1. (4) (a). (b)), the minimum period between the date of the invitation to participate and the transmission deadline for the submission of tenders shall be no less than 10 days. Where it is proposed to award a contract for the procurement of products of low complexity, the minimum period is at least 6 days.
  

(10) where an emergency situation properly, as demonstrated by the contracting authority, make it impossible to meet the periods referred to in paragraph 1. (5) or paragraph. (9) the contracting authority may lay down a period for submitting requests to participate/tenders which may not be less than 10 days from the date of transmission for publication of the notice of invitation to tender, namely transmission of invitations sent in the award of a contract for the procurement of services or products, i.e. 9 days in the case of a public procurement contract.
  

(11) If the contracting authority decides to apply for qualification and selection criteria, it can only request requirements: the reasons for exclusion), in accordance with chapter IV, section 6, paragraph 2;
  

(b) the exercise of) the ability of professional activity, in accordance with art. 173;
  

c) similar experience, in accordance with article 5. 179 lit. the a and b)).
  

(12) in the case of application of the simplified procedure, the operator is able to invoke the support of a third party/third parties of up to 50% of the requirement after it was determined in accordance with paragraph 1. (11) (a). c). (13) where there are official lists of approved economic operators or ways of certification or their inclusion in such lists, approved by Government decision for certain domains, the contracting authority shall be entitled to use them when applying the simplified procedure.
  


Section 2-specific tools and techniques for the award of public procurement contracts (1) the framework agreement the Contracting Authority is attributed by Article 114 framework agreements by applying the appropriate procedures laid down in article 21. 68-112. Article 115 (1) the duration of a framework agreement may not exceed 4 years, except in exceptional cases the contracting authority duly justified, in particular by the subject of the framework agreement, respectively.
  

(2) the procedure for the award of the framework agreement the contracting authority determines that the purchase documents through the framework agreement ends in one of the following ways: a) with a single economic operator;
  

b) with several economic operators.
  

(3) the contracting authority is required to establish the operator or, where appropriate, economic operators are part of the framework agreement, namely by applying the criteria for qualification and selection, the award criterion and the evaluation factors set out in the documents.
  


Article 116 (1) contracts that are assigned in the execution of a framework agreement may not be concluded between a contracting authority/than contracting authorities referred to in the notice by which the procedure was initiated for the award of the framework agreement and the operator/operators who are party to that agreement.
  

(2) the terms of a contract awarded in the execution of a framework agreement may not in any case bring substantial changes to the terms and conditions initially laid down by the framework agreement respectively.
  


Article 117 (1) where a framework agreement is concluded with a single economic operator, the framework agreement should include at least: a) the obligations of the main operator, and it has assumed by tender;
  

b) unit price that the operator has provided for him in the tender and which will determine the price of each contract awarded.
  

(2) the contracting authority is obliged to award contracts for the procurement of subsequent framework agreement only with the technical and financial conditions laid down in the framework agreement in question.
  

(3) every time you intend to award a contract tendering subsequently a framework agreement, contracting authorities may consult in writing the economic operator concerned, asking him, if necessary, supplement the offer.
  


Article 118 (1) where a framework agreement is concluded with several economic operators, the framework agreement shall be executed in one of the following ways: a) without the resumption of competition in accordance with the terms and conditions set out in its table of contents, where the framework agreement sets out the terms and conditions governing the execution of works, the supply of products and services covered by its objective, and the conditions according to which it is determined which of the economic operators party to the framework agreement will execute the work , will provide the services or products will be provided;
  

b) with 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 the works, services and supply products which constitute its subject;
  

c) partially without the resumption of competition between economic operators in accordance with subparagraph (a). ), and partly with the resumption of competition in accordance with subparagraph (a). (b)), only if this possibility was provided for in the procurement documentation drawn up under the procedure for the award of the framework agreement, where the framework agreement sets out the terms and conditions governing the execution of the works, services and supply of products covered.
  

(2) the provisions of paragraphs 1 and 2. (1) (a). applicable to) if the contracting authority has expressly stated in the documentation of the award procedure for the award of the framework agreement on objective criteria according to which it is determined which of the economic operators party to the framework agreement will execute the work, will provide the services or products will be covered.
  

(3) the provisions of paragraphs 1 and 2. (1) (a). (c)) shall apply where the contracting authority has expressly stated in the documentation of the award procedure for the award of the framework agreement on objective criteria according to which it is determined whether certain works, products or services that are the subject of the framework agreement are acquired with the resumption of direct competition or without competition the resumption in accordance with the terms and conditions laid down in the framework agreement and the terms and conditions laid down in the framework agreement in respect of which it is possible to resume the competition.
  

(4) the provisions of paragraphs 1 and 2. (1) (a). (c)) shall apply accordingly to any batch of a framework agreement for which had been set all the terms and conditions governing the execution of the works, services and supply products which are the subject of the consignment concerned, whether or not you set all the terms and conditions governing the execution of works, the supply of products and services covered by the other groups.
  


Article 119


In the cases referred to in article 1. 118 paragraph 1. (1) (a). b) and (c)), the contracting authority shall resume the competition based on the same terms and conditions applied for the award of the framework agreement, where necessary detailed and complemented where appropriate with other terms and conditions set out in the procurement documentation drawn up under the procedure for the award of the framework agreement, and in compliance with the following rules of procedure: a) for every contract to be awarded, contracting authorities shall consult in writing the economic operators party to the framework agreement, which are able to perform the contract;
  

(b) the contracting authority sets a) sufficient period for the submission of tenders for the award of the contract, taking into account factors such as the complexity of the specific subject of the contract and the time required for the transmission of offers;
  

c) tenders shall be submitted in writing, and they will not be opened until the expiry of the period laid down by the contracting authority;
  

d) the contracting authority shall award each contract to the tenderer who submits the most economically advantageous tender, designated by the application of the award criterion and the assessment factors mentioned in the documentation of the award procedure for the award of the framework agreement.
  


(2) dynamic System of Article 120 (1) the contracting authority is entitled to use a dynamic purchasing system for commonly used purchases, the characteristics of which generally available on the market meet the needs of the contracting authority.
  

(2) dynamic System of purchases is organized and operates entirely as a process and is open to the entire period of validity to any economic operator which satisfies the selection criteria and qualifications.
  

(3) the dynamic System of purchases can be divided into categories of products, works or services which are defined objectively, on the basis of the characteristics of the acquisitions to be made within the category concerned, which may include references to the maximum allowable size of specific contracts or consequential to a specific geographic area in which specific contracts consequential will be executed.
  


Article 121 (1) For making a purchase in the framework of a dynamic system of procurement, contracting authorities shall apply the rules of the auction, as well as the specific rules laid down in this paragraph.
  

(2) all candidates who meet the criteria for qualification and selection are admitted into the system, the contracting authority having the right to limit the number of candidates who will be admitted under the scheme.
  

(3) if the contracting authority has divided the system on categories of products, works or services in accordance with the provisions of art. 120 para. (3) the contracting authority specifies the criteria for qualification and selection applicable to each category.
  


Article 122 (1) the contracting authority is obliged to abide by the following deadlines: a) the minimum period for the submission of requests to participate shall be 30 days from the date of transmission for publication of the notice of invitation to tender;
  

(b)) the minimum period for submission of tenders is 10 days from the date of communication of the invitation for the submission of tenders.
  

(2) from the time of the invitation to participate in the transmission of the second stage of the procedure for the first acquisition under a specific dynamic system of purchases no longer apply other deadlines for the submission of requests to participate.
  

(3) the provisions of article 4. 79 para. (3) and (4) concerning the reduction of periods of submission of tenders are not applicable in the case of dynamic purchasing system.
  


Article 123 all communications within a dynamical system of procurement is carried out exclusively by electronic means, in accordance with article 4. 64 para. (1) and (2), art. 65, art. 66 and the detailed procedures for the application of this law.


Article 124 the award of contracts in the framework of a dynamic system of procurement, the contracting authority shall have the following obligations: a) to publish a contract notice stating clearly that for contracts/tendering contracts to use a dynamic purchasing system;
  

b) to indicate the purchase at least the nature and the estimated amount of the purchases envisaged, as well as all the necessary information on the dynamic system of procurement, including with respect to the operation of its electronic equipment used and the arrangements and technical specifications for connection;
  

c) indicate any breakdown by category of products, works or services and characteristics that define them;
  

d) to allow, in accordance with article 4. 150, throughout the period of validity of the dynamic purchasing system, starting from the time of publication of the notice of invitation to tender and until the closing of the system, unrestricted, direct and full content of documents.
  


Article 125 (1) After the launch of dynamic acquisition and throughout the period of its validity, as provided in article 13. 121 and 122, the contracting authority is obliged to allow any interested economic operator may submit a request to participate in order to be admitted to the system.
  

(2) on receipt of an application, the contracting authority evaluates the performance of the candidate qualification criteria and the selection set.
  

(3) the contracting authority is required to complete the assessment referred to in paragraph 1. (2) within 10 working days of receipt of the request for participation.
  

(4) the time limit referred to in paragraph 1. (3) may be extended by 15 working days in specific situations, where it is justified by the need to examine further documents or check otherwise fulfilling the criteria of qualification and selection.
  

(5) Notwithstanding the provisions of paragraph 1. (3) and (4), as long as it has not been sent for publication notice for first purchase under the system-specific dynamic procurement, the contracting authority may extend the evaluation period provided that no invitation to participate in the second stage of the procedure shall not be conveyed in the period so extended.
  

(6) the contracting authority shall indicate in the documentation of purchase for the duration of the extension which it intends to apply it.
  

(7) the contracting authority shall inform the economic operator with regard to admission to the dynamic purchasing system or, if necessary, reject the request to participate immediately upon completion of the assessment referred to in paragraph 1. (2) in accordance with article 4. 214 and 215.
  


Article 126 (1) the contracting authority shall, in accordance with article 4. 151, an invitation to all the participants admitted the system dynamic acquisitions, with a view to the submission of tenders for each specific purchase within the system.
  

(2) if the procurement system dynamic has been divided into categories of works, products or services, the contracting authority shall, in accordance with article 4. 151, an invitation to all the participants who were admitted under the scheme of dynamic in appropriate category specific acquisition concerned, with a view to the submission of tenders for each specific purchase within the relevant category.
  


Article 127 (1) the contracting authority shall award the contract to tender the tenderer who submits the most economically advantageous tender, designated by the application of the award criterion and the assessment factors established by notice published on the occasion of the launch of dynamic system.
  

(2) where applicable, the award criteria and the assessment referred to in paragraph 1. (1) can be detailed under the invitation to tender referred to in article 1. 126. Article 128 (1) the contracting authority shall be entitled, at any time during the period of validity of the dynamic purchasing system, to request the participants admitted to submit, in accordance with article 4. 193 and 194, an affidavit renewed and updated within 5 working days from the date of transmission of the request.
  

(2) the provisions of article 4. 196-198 applies throughout the period of validity of the dynamic purchasing system.
  


Article 129 (1) the contracting authority shall indicate the validity of the dynamic system in the procurement notice.
  

(2) the contracting authority shall inform the Commission of any change in the period of validity of dynamic acquisition system, using the following forms: a standard form used) for notice to dynamic system acquisitions, if the period of validity is changed without shutting down the system;
  

b) form used for the announcement of the award, if the dynamic system of acquisition is closed.
  


Article 130 shall be prohibited the levying of charges the operators interested in dynamic or participants in the procurement system.


(3) electronic Auction Article 131


(1) the contracting authority may make use of the electronic auction in the following situations and only if content acquisition documents, and in particular technical specifications, can be determined precisely: a) as a final step of the procedure of open tender, tender restricted or competitive negotiation;
  

b) resuming the competition between economic operators party to a framework agreement, according to the provisions of article 3. 118 paragraph 1. (1) (a). b) and (c));
  

c) with a view to the submission of tenders, the award of a public procurement contract within a dynamical system.
  

(2) the contracting authority is obliged to announce the decision to hold an electronic auction notice and in the documentation for the award.
  

(3) detailed rules for the application of this law shall be laid down the minimum information that must be included in the purchase documents in connection with an electronic auction.
  


Article 132 (1) electronic Auction may not be used for the award of public procurement contracts/framework agreements for services and works which have included in their object of intellectual benefits, such as the design of works, whereas they do not qualify for automatic evaluation methods.
  

(2) Through the methodological norms of this law shall establish categories of contracts covered by paragraph 1. (1) to which the award may not be used by electronic auction.
  


Article 133 electronic Auction shall be based on one of the following quotes: a) solely on prices when the contract is awarded on the basis of the award criterion of the lowest price;
  

b) on prices and/or on the new values of the elements of the tenders indicated in the documents of purchase, if the contract is awarded on the basis of the criterion of awarding the best value or lowest cost.
  


Article 134 (1) before the beginning of the electronic auction, the contracting authority is required to make a full initial evaluation of the tenders in accordance with the award criteria and the assessment factors established by documents of purchase.
  

(2) the contracting authority is obliged to transmit simultaneously by electronic means, the electronic invitation to tender to all tenderers who have submitted admissible tenders.
  

(3) the invitation to tender must state the date of the e-mail and the time of the auction, as well as instructions necessary for connecting to the electronic equipment used for participation in the auction.
  

(4) the contracting authority is not entitled to begin electronic auction sooner than two working days after the date on which they were submitted by invitations to tender.
  

(5) electronic Auction is conducted in one or several successive rounds.
  


Article 135 (1) an invitation to tender is accompanied by: a) integral assessment of the bid submitted by the successful tenderer and which it is conveyed the invitation made by applying the criterion of the award and the assessment factors established by documents of purchase;
  

b) the mathematical formula to be used in electronic tendering for automatic setting of the new ranking on the basis of the new prices and/or new values submitted by the bidders.
  

(2) except in cases where the offer most advantageous economically is designated by the application of lowest price criterion, the mathematical formula referred to in paragraph 1. (1) (a). b) incorporates the weights of the evaluation to be apply for determining the most economically advantageous tender in terms of indications from economically under notice or other documents of the acquisition.
  

(3) In the situation referred to in paragraph 1. (2) any value ranges are reduced to values determined in advance.
  

(4) where the alternative offers are allowed for each alternative provides a separate formula.
  


Article 136 (1) during each round of the electronic auction, the contracting authority is obliged to communicate instantaneously to all tenderers at least sufficient information so they can determine, at any time, the position you occupy in the rankings.
  

(2) the contracting authority is entitled to communicate and other information: (a) the number of participants in the round) of the electronic auction;
  

b) prices or new values presented in the round in question by the other bidders, but if this was provided for in the documents.
  

(3) during the rounds of the auction, the contracting authority may not disclose, under no circumstances, the identity of the bidders.
  


Article 137 (1) the contracting authority completes an electronic auction in one of the following ways, or by a combination thereof: a) on the date and time indicated above;
  

b) If you get pricing and/or new values which meet the requirements concerning minimum differences, provided that you have specified a time limit that will be allowed to run from receipt of the final bids until the auction;
  

c) when the number of bidding rounds shown beforehand was exhausted.
  

(2) where a contracting authority intends to complete the electronic auction in the manner provided for in paragraph 1. (1) (a). a), lit. c) or in the manner laid down in paragraph 1. (1) (a). c) in combination with the method provided for in paragraph 1. (1) (a). b), the invitation to tender is shown timing of each round of bidding.
  


Article 138 the contracting authority the award of public procurement by applying the criterion of the award and the assessment factors established by documents of purchase, on the basis of the result obtained following the completion of the electronic auction.


Chapter IV organization and conduct of the tendering procedure section 1 market Consultation Article 139 (1) prior to the initiation of the invitation to tender, the contracting authority is entitled to organise consultations in preparation for market acquisition, by reference to the contract of procurement, and to inform economic operators of the acquisition plans and requirements envisaged in connection with these by making known this via the SEAP, and by any other means.
  

(2) in the framework of the consultations provided for in paragraph 1. (1) the contracting authority is entitled to invite independent experts, public authorities or economic operators, including organizations representing them.
  

(3) the contracting authority shall be entitled to use or implement the opinions, suggestions or recommendations received in the consultations referred to in paragraph 1. (1) for the preparation of purchase and for the Organization and conduct of the tendering procedure, on condition that the use or implementation of these opinions, suggestions or recommendations may not have the effect of distortion of competition and/or infringement of the principles of non-discrimination and transparency.
  

(4) the manner, conditions and procedure for the Organization and conduct of the consultations referred to in paragraph 1. (1) shall be established through detailed rules for the application of this law.
  


Article 140 (1) in the event that a candidate/tenderer or an entity that has ties to a candidate/tenderer has provided 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 in article 10. 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 the respective candidate/tenderer of the award procedure is not likely to distort competition.
  

(2) the measures provided for in paragraph 1. (1) may include, among other things, the communication to the other candidates/tenderers to relevant information which has been transmitted in the context of the participation of the candidate/tenderer in preparing tendering procedure or arising from such participation, and to establish appropriate time limits for the submission of tenders.
  

(3) before any such exclusion, the candidates or tenderers must be able to demonstrate that their involvement in the preparation procedure of acquisition may not distort competition.
  


Section 2 of Article 141 lots Division on (1) the contracting authority shall be entitled to have recourse to the award of contract batch job procurement and the framework agreements and, in this case, to determine the size and subject matter of lots, provided that inclusion of such information in the documents.
  


(2) for the purposes of paragraph 1. (1) the contracting authority shall establish the subject of each lot, the quantitative basis, adjusting the size of the individual contracts to correspond better to the ability of small and medium enterprises, or qualitative basis, according to the different trades and specializations involved in order to adapt the contents of individual contracts more closely to specialized sectors of SMEs or according to the different phases of the project.
  

(3) in the event that the contracting authority does not have recourse to the award of the contract on the lots, it is required to justify the decision not to award their contract batch job.
  

(4) in the case referred to in paragraph 1. (1) the contracting authority shall indicate in the notice whether bids may be submitted for one, for several or for all the lots.
  

(5) the contracting authority shall have the right, even if that may be lodged bids for several or for all the lots, to limit the number of lots that can be attributed to the same bidder.
  

(6) In the situation referred to in paragraph 1. (5) the contracting authority shall indicate in the notice the maximum number of lots that can be assigned to a bidder.
  

(7) the contracting authority shall indicate in the documentation of purchase criteria and non-discriminatory and objective rules to be applied for establishing the lots that will be assigned to the same bidder, where in the application of the award criterion and the assessment factors would result in the assignment by a bidder has a number of lots larger than the maximum number allowed.
  

(8) where the same bidder may be assigned to several groups, the contracting authority is entitled to decide on the award of the contract/contracts by bringing together several of the lots or batches and assigning them to the same tenderer, if specified in the notice of invitation that reserves the right to do so and has shown the batches or groups of lots which can be brought together.
  

(9) where the same bidder may be assigned to several groups, the contracting authority shall make a comparative assessment of the tenders in order to determine whether the tenders submitted by a bidder for a given combination of groups taken as a whole would receive a higher score by applying the award criteria and the evaluation factors set out in the documentation of the award by reference to the relevant lots versus the total score obtained bids for individual batches in question individually.
  

(10) the contracting authority shall conduct the comparative assessment referred to in paragraph 1. (9) by establishing the first of scores of tenders for each lot by applying the award criteria and the evaluation factors set out in the documentation of the award and, then, by comparing the total score obtained with points awarded tenders submitted by a bidder for the combination of lots in question as a whole.
  


Section 3 of the Rules of transparency and publicity Article 142 contracting authority is required to ensure the transparency of the procedure for the award of public procurement contracts/framework agreements by the publication, in accordance with the provisions of the present law, notices of intent, notices of invitation to tender and award notices.


Article 143 (1) the contracting authority may make known their intentions with regard to the planned purchases by publishing a notice of intent.
  

(2) 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 (1) the contracting authority is obliged to submit for publication a contract notice when: a) has open tendering, restricted tendering, competitive dialogue or negotiated competitive times a partnership for innovation, for the award of public procurement contracts/framework agreements;
  

b) launches a dynamic procurement system;
  

c) organizes a contest of solutions;
  

d) initiates the procedure for the award of public procurement contracts/framework agreements for social services and other specific services, specified in annex No. 2, unless that was published a notice of intent for the continuous mode.
  

(2) the publication of the notice of invitation to tender in the official journal of the European Union is mandatory in all situations where the estimated value of the public procurement contract/agreement framework is greater than or equal to the value thresholds laid down in article 21. 7 para. (1) and (3) the 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 is obliged to submit for publication a notice of award within 30 days of the date of conclusion of the contract: (a)) public procurement/the framework agreement following the completion of the tendering procedure;
  

(b) completion of a design contest) solutions by setting the winning competitor;
  

(c) the award of a contract) of procurement through a dynamic system of purchases;
  

d closure of a dynamical system).
  

(2) in the case of public procurement contracts concluded in implementation of the framework agreements, the Contracting Authority Quarterly award notices clumps and has the obligation to transmit for publication of procurement notices grouped within 30 days after the end of each quarter.
  

(3) in the case of public procurement contracts/framework agreements assigned through a dynamic system of procurement, the contracting authority is entitled to award ads Group quarterly and has the obligation to transmit for publication of procurement notices, grouped within 30 days after the end of each quarter.
  

(4) where the communication of information relating to public procurement contracts/framework agreement would prevent the application of provisions laid down by law, would be contrary to the public interest, would prejudice the legitimate commercial interests of a particular economic operator, public or private, or might prejudice fair competition between economic operators, the publication of this information is voluntary.
  

(5) the notice of invitation to tender 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 Ads. 142, including appropriate ads are transmitted to the errata type for publication by the contracting authority, by electronic means under the conditions laid down in the detailed rules for the application of this law and shall be published in the official journal of the European Union in compliance with standard formats established by the European Commission pursuant to articles 81 and 82. 51 of Directive 2009/24/EU of the European Parliament and of the Council of 26 February 2014.


Article 147 (1) notices referred to in article 21. 142 may not be published at national level before the date of their publication in the official journal of the European Union.
  

(2) Notwithstanding the provisions of paragraph 1. (1) publication of national ads. 142 is permitted when the contracting authority has not been notified by the Publications Office of the European Union on its publication in the official journal of the European Union to be forwarded for issue ads within 48 hours from receipt of the Publications Office of the European Union of the notice sent for publication.
  


Article 148 Ads. 142 published at national level shall not contain information other than those existing in the appropriate notices published in the official journal of the European Union and must show the date of the transmission by the Publications Office of the European Union.


Article 149 In case of award of contracts for advertising media with an estimated value equal to or greater than the value thresholds laid down in article 29. 7 para. (1) (a). b), the contracting authority shall have the following specific obligations of publicity and transparency, additional to those provided for in this section in relation to the publicity and transparency of public procurement contracts: a) the obligation to publish a contract notice on the electronic platform used for the realization of purchase, to a dedicated address, as well as on his own internet page, accompanied by the rationale of the opportunity of purchase;
  

b) is required to publish a notice of invitation to tender on the platform used for carrying out electronic acquisition, to a dedicated address, as well as on his own internet page;
  

c) at termination of advertising media, the obligation to publish the electronic platform used for the realization of purchase a report assessing the impact of the acquisition of advertising services in question.
  


Article 150 (1) the contracting authority ensures through electronic means, via the SEAP, direct access, complete, unrestricted and free from economic operators to purchase documents with effect from the date of publication of the notice of invitation to tender.
  


(2) the contracting authority provides the notice of invitation to the internet address at which documents are available.
  

(3) if the contracting authority cannot provide direct access by electronic means, completely unrestricted and free of charge to certain documents of the acquisition, and the contracting authority is located in one of the situations provided for in the detailed rules for the application of this law it is allowed to use other means of electronic communication, the contracting authority shall indicate in the notice the way that operators provide access to documents.
  

(4) in the case referred to in paragraph 1. (3) the contracting authority is required to extend the deadline for the submission of tenders or requests to participate with 5 days, with the exception of emergency situations revealed by the contracting authority as referred to in art. 74 para. (3), art. 79 para. (5) and article. 84 paragraph 3. 5. (5) in case the contracting authority for reasons of protecting the confidential nature of the information, it cannot ensure direct access by electronic means, completely unrestricted and free of charge to certain documents of the acquisition, it is required to specify in the notice what measures they require in order to protect the confidential nature of the information, and how the operators provide access to those documents.
  

(6) in the case referred to in paragraph 1. (5) the contracting authority is required to extend the deadline for the submission of tenders for 5 days, with the exception of emergency situations revealed by the contracting authority as referred to in art. 74 para. (3), art. 79 para. (5) and article. 84 paragraph 3. (5) Article 151 (1) In tendering procedures, competitive dialogue and negotiated competitive partnership for innovation, the contracting authority is obliged to forward the invitation to stage two of the procedure all candidates choose, simultaneously and in writing.
  

(2) the invitation referred to in paragraph 1. (1) include a reference to the e-mail address to which the documents of purchase were made available to economic operators by electronic means.
  

(3) where, for any of the grounds referred to in article 1. 150 para. (3) or (5), the contracting authority could not provide direct access by electronic means, completely unrestricted and free of charge to some documents of purchase, and they were not made available in a different way, the contracting authority shall attach the documents of purchase at the invitation referred to in paragraph 1. (1) and (4) the information to be included in the invitation referred to in paragraph 1. (1) shall be established through detailed rules for the application of this law.
  


Article 152 (1) without prejudice to the applicability of the provisions of this law relating to minimum periods which must be ensured between, on the one hand, transmission date for publication of notices of invitation to tender and, on the other hand, deadline for submission of tenders or requests to participate, contracting authority is required to correlate and determine the period for the submission of tenders depending on the complexity of the procurement contract/agreement framework and specific requirements so that economic operators are interested in having a proper time interval and enough for drawing up tenders or requests to participate and for preparing documents for qualification and selection that are requested through the documents.
  

(2) where tenders or requests to participate may not be drawn up until after the visit to the site or after on the spot for any additional documents which are based upon the documents of purchase, for the period determined by the contracting authority for the submission of tenders/requests of participation is higher than the minimum period prescribed by this law for the award procedure used is set up so that economic operators are keen to take real and effective opportunity to get all the information you need for proper preparation of tenders/requests to participate.
  


Article 153 (1) the contracting authority shall extend the period set in the notice of invitation to tender or in the acquisition documents for the submission of tenders/requests to participate, in the following cases: a) where, for any reason, any additional information or answer to the contracting authority at the request of clarification are not sent within the time limits laid down in article 21. 161, although additional information or clarifications were requested by the operator in a timely manner, keeping in mind the deadline for the response of the contracting authority; 160 paragraph 1. (2);
  

b) where significant changes in acquisition documents themselves.
  

(2) the duration of the extension of the period laid down pursuant to paragraph 1. (1) is proportional to the volume and complexity of the information transmitted through clarification, additional information or amendments to the documents.
  

(3) the duration of the extension of the period referred to in paragraph 1. (2) may not be less than 6 days, respectively in emergency situations revealed by the contracting authority, provided for by art. 74 para. (3) and article 3. 79 para. (5), which is calculated from the date of the transmission of additional information and up to the time limit laid down for submission of tenders or requests to participate.
  

(4) where the additional information had not been transmitted in a timely manner or the information submitted by the contracting authority are insignificant in relation to the drawing up of tenders, the contracting authority is under no obligation to extend the period for the submission of tenders.
  


Section 4 of the elaboration of the documentation of the award Article 154 the contracting authority is obliged to draw up documentation of the award which contains all the information necessary to ensure that economic operators a complete, fair and accurate with respect to the acquisition, contract requirements and how the conduct of the tendering procedure.


Article 155 (1) technical specifications are set out in the documentation of the assignment and shall define the characteristics required for the work, service or products which are the subject of the acquisition.
  

(2) Characteristics referred to in paragraph 1. (1) can also be made to the process or the specific method of execution of the works, manufacturing products or providing services you have requested, or a specific process for another stage of their life cycle, even if these items are not part of the content of the products, works or services to be purchased, but with the proviso that these features may have connection with the subject of the contract tendering/framework agreement and be proportionate in relation to the value of and its objectives.
  

(3) technical specifications can also determine if required the transfer of intellectual property rights.
  

(4) For all purchases intended for use by individuals, whether from the public or staff of the contracting authority, the technical specifications shall be defined so as to take into account accessibility requirements of individuals with disabilities or the concept of design for all categories of users, except in duly justified cases.
  

(5) where by a normative act adopted at EU level the accessibility requirements are introduced, the technical specifications shall be defined in terms of the requirements of accessibility for people with disabilities or design concept for all categories of users, by referring to the mandatory requirements thus introduced.
  

(6) the technical specifications must allow all economic operators have equal access to the procurement procedure and must not have the effect of placing unjustified obstacles towards ensuring effective competition between economic operators.
  


Article 156 (1) without prejudice to the mandatory technical regulations at national level, to the extent that they are compatible with the normative acts adopted at European Union level, the technical specifications shall be drawn up in one of the following ways: a) by reference to the requirements of performance or of functional requirements, including environmental characteristics, provided that the parameters must be sufficiently precise to allow tenderers to determine the subject-matter of the contract and the contracting authorities to award the contract;
  

b) by reference to technical specifications and, as a matter of priority, at the orders of national standards transposing European standards, European technical assessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or, in the absence of any of these, to the national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of works and use of the products; each consignment is accompanied by the words "or equivalent";
  


c) by reference to the requirements of functional requirements or performance, according to likely to occur; a), and by reference to technical specifications defined in (b). b) as way to presumed compliance with those requirements of performance or functional requirements;
  

d) by reference to technical specifications defined in (b). b) for certain characteristics, and by reference to the requirements of the performance or functional requirements as referred to in subparagraph (a). for the other features).
  

(2) except where this is justified by the subject-matter of the contract, technical specifications shall not specify a particular manufacturer, a specific origin, or a particular process, characterizing the products or services provided by a particular economic operator, nor does it relate to trademarks, patents, types, origin or specific production which would have the effect of favouring or eliminating certain products or economic operators.
  

(3) exception from paragraph 1. (2) the establishment of technical specifications by specifying the elements referred to in paragraph 1. (2) is allowed in exceptional circumstances where it is not possible a description sufficiently precise and intelligible to the object of the contract in accordance with paragraph 1. (1); in these situations, specifying the elements specified in paragraph 2. (2) it is accompanied by the words ' or equivalent '.
  

(4) where the contracting authority establishes the technical requirements according to the provisions of paragraph 1. (1) (a). (b)), it does not reject a tender on the grounds that the works, goods or services offered are not in conformity with the technical specifications to which reference is made, if the tenderer proves in his tender, by any appropriate means, that the solutions proposed they meet in an equivalent manner the requirements defined by the technical specifications.
  

(5) where a contracting authority establishes the technical requirements according to the provisions of paragraph 1. (1) (a). It has), it does not reject a tender for works, products or services which comply with a national standard transposing a european standard, with a european technical approval, with a common technical specification, an international standard or a technical reference system developed by a european standardisation body, if these specifications aimed at the requirements of performance or functional requirements set by the contracting authority.
  

(6) in the case referred to in paragraph 1. (5) the tenderer proves in his tender, by any appropriate means, including those laid down in article 21. 158, that the works, products or services meet the requirements of standard compliant performance or functional requirements set by the contracting authority.
  


Article 157 (1) where a contracting authority intends to purchase the works, products or services with certain features of environmental, social or otherwise, it may be required by the technical specifications, evaluation factors or by the conditions of performance of the contract specifies a tag as evidence that the work, services or products meet the requirements of demand, if the following conditions are met in the cumulative : a) labelling requirements relate only to criteria which are related to the subject of the contract and are appropriate to define the characteristics of the works, products or services covered by the contract;
  

b) labelling requirements are based on a non-discriminatory and verifiable criteria objectively;
  

c) labels are created through an open and transparent procedure, during which all interested entities, including relevant governmental bodies, social partners, consumers, manufacturers, distributors, and non-governmental organizations;
  

d) labels are accessible to all interested entities;
  

e) labelling requirements are established by a third entity over which the operator requesting the award cannot exercise a decisive influence.
  

(2) In the event that does not require the works, products or services meet all labelling requirements, the contracting authority specifies labelling requirements that must be met.
  

(3) where, in accordance with paragraph 1. (1) the contracting authority requires in relation to the works, products or services that you purchase a specific label, it accepts all labels that confirm that the works, products or services meet the labelling requirements are equivalent.
  

(4) where the operator can demonstrate that there is no possibility of getting specific label required by the contracting authority or an equivalent tag within the established terms, for reasons which are not attributable to the contracting authority is obliged to accept and other appropriate means of proof, which may include a technical dossier of the manufacturer, provided that the operator concerned demonstrating that the work products or services to perform/provide/provide specific label requirements or the specific requirements requested by the contracting authority.
  

(5) where a label meets the conditions referred to in paragraph 1. (1) (a). b)-e), but establishes requirements that are not linked to the subject-matter of the contract, the contracting authority shall not require the label as such, but it can define technical specifications by reference to those detailed specifications of the label in question or, when necessary, parts thereof, which relates to the subject-matter of the contract and are appropriate to define the characteristics of the object of the contract.
  


Article 158 (1) the contracting authority shall be entitled to require economic operators to provide a test report issued by a conformity assessment body or a certificate issued by such a body as evidence attesting the conformity of products, services or works which are subject to purchase requirements or criteria set out in the technical specifications, evaluation factors or conditions of performance of the contract.
  

(2) in the case referred to in paragraph 1. (1) the contracting authority shall request the submission of certificates issued by a conformity assessment body, it supports equivalent certificates issued by other conformity assessment bodies.
  

(3) for the purposes of paragraph 1. (1) and (2), a conformity assessment body is a body that performs conformity assessment activities including calibration, testing, inspection, certification and accredited in accordance with the provisions of Regulation (EC) No 1782/2003. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance with regard to the marketing of products and repealing Regulation (EEC) No 2092/91. 339/93.
  


Article 159 where an economic operator has no certificates or test reports. 158 para. (1) or is unable to get them within the time limits laid down, for reasons that are not attributable to the contracting authority is obliged to accept and other appropriate means of proof, such as a technical dossier of the manufacturer, insofar as such evidence attests to the fact that the works, products or services provided/rendered/performed meet the requirements or criteria set out in the technical specifications evaluation factors or conditions of performance of the contract.


Article 160 (1) any economic operator interested has the right to request clarification or additional information in connection with the award.
  

(2) the contracting authority is obliged to respond clearly and completely, as quickly as possible to any request for clarification or additional information within a period which shall not exceed, as a general rule 3 working days from receipt of such request from an economic operator.
  

(3) the contracting authority is required to publish answers to questions accompanied by internet address to which documents are available to the acquisition, according to the provisions of article indicated. 150 para. (2) taking measures so as not to reveal the identity of economic operators who requested clarifications or additional information will be considered.
  

(4) the provisions of article 4. 150 para. (3) to (6) shall apply accordingly with regard to responses to requests for clarification or additional information.
  


Article 161 insofar as requests for clarification or additional information were addressed in a timely manner, keeping in mind the deadline for the response of the contracting authority; 160 paragraph 1. (2) the contracting authority's response to such requests must be submitted at least 6 days, respectively in emergency situations revealed by the contracting authority as referred to in art. 74 para. (3) and article 3. 79 para. (5) before the deadline fixed for the submission of tenders or requests to participate.


Section 5 Offers alternative Article 162 (1) the contracting authority is entitled to allow or require the tenderers to submit tenders alternatives only if explicitly stated in the notice of invitation to tender that allow or require the submission of alternative offerings.
  


(2) if the contracting authority has not stated explicitly that allow or require the submission of alternative offers in accordance with the provisions of paragraph 1. (1) the contracting authority is not entitled to consider alternative offers.
  

(3) alternative Bids must be in relation to the subject procurement contract/agreement framework.
  

(4) the contracting authority which allows or asks for bids submission alternative is required to specify the mandatory minimum requirements of acquisition documents which they must comply and any other specific requirements for the submission of tenders, in particular if the alternative offers may be submitted only if it was filed and an offer that is not an alternative offer.
  

(5) In the situation referred to in paragraph 1. (4) the contracting authority must ensure that it is possible to apply the criterion of the award and the assessment factors determine both if the alternative tenders which satisfy the requirements laid down in paragraph 1. (4) in the case of tenders which are not compliant alternative deals.
  

(6) the contracting authority is obliged to not consider alternative bids which do not comply with the minimum requirements laid down in paragraph 1. (4) and (7) in the case of procedures for the award of contracts for procurement of goods or services, the contracting authority which allowed or requested the submission of alternative offers shall not be entitled to reject such an alternative offer for the sole reason that, if it is declared the winning: a) supply contract award procedure, which organized the procedure qualifies as service contract; or b) contract award services, which organized the procedure qualifies as supply contract.
  

(8) if the contracting authority shall request the submission of permit or alternative offers, tenderers may submit only the alternative offer.
  


Section 6 qualification and Selection Criteria (1) applying the criteria for qualification and selection of article 163 the contracting authority shall be entitled to apply under the procedure for allocating only qualification criteria and selection: a) the reasons for the exclusion of the candidate/tenderer;
  

(b) the candidate/tenderer's capacity).
  


(2) Reasons for the exclusion of the candidate/tenderer Article 164 (1) the contracting authority shall be excluded from the procedure for the award of public procurement/contract framework agreement any economic operator with regard to that set, from the analysis of the information and documents submitted by him, or became aware in any other way that was convicted by final judgment of a court , one of the following for committing offences: (a) the establishment of a criminal group) organized under art. Act No. 367 286/2009 relating to the penal code, as amended and supplemented, or the relevant provisions of the penal legislation of the State where that economic operator was convicted;
  

b corruption offences) under article. 289-294 of the law nr. 286/2009, as amended and supplemented, and offences assimilated to corruption offences provided for in art. 10-13 of the law nr. 78/2000 for preventing, discovering and sanctioning of acts of corruption, with subsequent amendments and additions, or the relevant provisions of the penal legislation of the State where that economic operator was convicted;
  

(c) offences against the financial interests) of the European Union, under article. 18 ^ ^ 1-18 (5) of law No. 78/2000, as amended and supplemented, or the relevant provisions of the penal legislation of the State where that economic operator was convicted;
  

d) terrorist acts, under article. 32-35 and art. 37-38 of the law nr. 535/2004 on preventing and combating terrorism, as amended and supplemented, or the relevant provisions of the penal legislation of the State where that economic operator was convicted;
  

e) money laundering, as laid down by article. 29 of law No. 656/2002 for the prevention and sanctioning of money laundering, as well as for measures to prevent and combat the financing of terrorism, republished, with subsequent amendments, or financing of terrorism provided for in art. 36 of the law nr. 535/2004, as amended and supplemented, or the relevant provisions of the penal legislation of the State where that economic operator was convicted;
  

f) traffic and exploitation of vulnerable persons, as provided for by art. 209-217 of the law nr. 286/2009, as amended and supplemented, or the relevant provisions of the penal legislation of the State where that 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 of 27 November 1995.
  

(2) the obligation to exclude from the procedure for the award of an economic operator in accordance with paragraph 1. (1) applies and where the person convicted by a final judgment is a member of the administrative, management or supervisory bodies of that economic operator or power of representation, decision-making or control within it.
  


Article 165 (1) the contracting authority excluded from the award procedure in which any economic operator has any knowledge about that he had breached his obligations relating to the payment of taxes, levies or contributions to the consolidated general budget, and this has been established through a judicial or administrative decision having regard to the final and binding in accordance with the law of the State where that economic operator is established.
  

(2) the contracting authority shall exclude from the procedure for the award of an economic operator in the case can be shown by any appropriate means that the economic operator has failed to comply with the obligations relating to the payment of taxes, levies or contributions to the consolidated general budget.
  

(3) the operator is not excluded from the award procedure if, prior to the decision of exclusion, performs his duties through the payment of taxes, fees or contributions to the consolidated general budget due or by other ways of extinguishing thereof or shall, in accordance with the law, staggering or other facilities for the purpose of the payment, including, where appropriate, any interest accrued penalties of delay times or fines.
  


Article 166 (1) Notwithstanding the provisions of article 4. 164 para. (1) and (2) in exceptional cases, the contracting authority has the right not to be excluded from the award procedure for an economic operator who is in one of the situations referred to in article 1. 164 para. (1) and (2), for compelling reasons of general interest, such as public health or environmental protection.
  

(2) Notwithstanding the provisions of article 4. 165 para. (1) and (2) an economic operator is not excluded from the award procedure when the amount of the taxes, fees and contributions from the general budget and the consolidated arrears owed, meets one of the following conditions are met: a) is less than 4,000 lei;
  

b) is more than 4,000 lei and less than 5% of all taxes, fees and contributions payable by the operator at the latest due date.
  


Article 167 (1) the contracting authority shall be excluded from the procedure for the award of public procurement/contract framework agreement any economic operator who is located in any of the following situations: a) has violated the obligations set out under art. 51, and the contracting authority can justify this by any means appropriate evidence, such as the decisions of competent authorities through which the contravention of these obligations;
  

b) are in insolvency or liquidation, under judicial supervision or in the termination;
  

c) has committed a serious professional misconduct which puts into question the integrity, and the contracting authority can justify this by any means appropriate evidence, such a decision of a court or an administrative authority;
  

d) Contracting Authority has sufficient reasonable clues/factual information that the operator has concluded agreements with other operators aimed at distortions of competition within or in relation to the procedure in question;
  

e) is in a situation of conflict of interests within or in connection with the procedure concerned and this situation cannot be remedied effectively through other less severe measures;
  

(f) participation of the operator) previous economic preparation of procurement procedure led to a distortion of competition, and this situation cannot be remedied by other less severe measures;
  


h) operator has been guilty of making false statements in the content of information transmitted at the request of the contracting authority in order to verify the absence of reasons for exclusion or of the fulfilment of the criteria for qualification and selection, did not present this information or is not able to submit the supporting documents required;
  

I) operator has tried to influence the decision-making process in the manner of piratical contracting authority to obtain confidential information that might confer undue advantages under the procedure for allocating or negligently provided erroneous information that may have a significant influence on the decisions of the Contracting Authority relating to exclusion from the procedure for the award of that economic operator, selecting or assigning procurement contract/agreement framework the economic operator.
  

(2) Notwithstanding the provisions of paragraph 1. (1) (a). b), the contracting authority does not exclude from the procedure for assigning an economic operator against the General insolvency proceedings opened when, based on the information and/or documents submitted by the economic operator concerned, shall establish that it has the ability to execute the contract tendering/framework agreement. This means that the economic operator sits either in the observation phase and has adopted the necessary measures to prepare a reorganization plan feasible, allowing continuation of a sustainable manner, current activity, whether it is in phase of reorganization and respects in full the schedule of implementation of the reorganization plan approved by the Court.
  

(3) for the purposes of paragraph 1. (1) (a). c) through serious misconduct means any offense committed by the operator which affects its professional reputation, such as violations of the competition rules-type cartel aimed at tricking auctions or violations of intellectual property rights, committed with intent or through gross negligence.
  

(4) the provisions of paragraphs 1 and 2. (1) (a). c) are applicable to and in a situation where the operator or one of the persons referred to in art. 164 para. (2) is subject to a judicial investigation in connection with committing one/some of the acts referred to in article 1. 164 para. (1) and (5) for the purposes of paragraph 1. (1) (a). d) it is considered that the contracting authority has sufficient plausible pointers to consider that the operator has concluded agreements with other operators aimed at distortions of competition within or in relation to the procedure in the following cases, regulated by way of sample: a) tenders or requests to participate submitted by two or more economic operators participating in the award procedure presents significant similarities in terms of non-standard documents according to the documentation of the award;
  

(b)) in the bodies of 2 or more economic operators participating in the award procedure are found the same persons or persons who are the spouse, relative or Bilberry up to the second degree inclusive, or who have common interests of personal, financial or economic or otherwise;
  

c) an offeror/candidate has filed two or more offers and requests to participate, both individually and jointly with other operators or in common with other economic operators;
  

d) an offeror/candidate has filed the request for quote/individual/joint participation with other economic operators and is nominated as a subcontractor under an other offers/requests.
  

(6) before an economic exclusion under paragraph 3. (1) (a). (d)), the contracting authority shall request in writing to the competition Council's point of view with regard to indications identified that address distortions of competition within or in connection with the award procedure in question, it shall submit within 15 days.
  

(7) the contracting authority shall supply all the information requested by the competition Council, so as to establish point of view, in accordance with the provisions of paragraph 1. 6. (8) for the purposes of paragraph 1. (1) (a). g) are considered serious breaches of contractual obligations, pecuniary, non-performance of the contract, sample delivery/provision/performance of some products/services/works showing major nonconformities that make them unsuitable for use according to the intended use specified in the contract.
  


Article 168 (1) the contracting authority shall accept as sufficient and relevant to the demonstration that the tenderer/candidate does not fit in one of the situations referred to in article 1. 164, 165 and 167, any document deemed enlightening, from this point of view, in the country of origin or in the country in which the tenderer is established, the candidate/such certificates, fingerprints or other equivalent documents issued by the competent authorities of the country concerned.
  

(2) where there are uncertainties regarding the existence or absence of a situation of exclusion, the contracting authority has the right to request information directly from the competent foreign authorities referred to in paragraph 1. 1. (3) where the country of origin or in the country in which the tenderer is established/not be issued to candidate documents the nature of those referred to in paragraph 1. (1) or such documents do not cover all the situations provided for in art. 164, 165 and 167, the contracting authority is required to accept an affidavit or, if in that country there are legal provisions relating to the statutory declaration, a genuine statement given before a notary, of an administrative or judicial authority or a professional association, or who has the skills to do so.
  


Article 169 the contracting authority excluded an economic operator at any stage of the award procedure which acknowledges that the operator is considering actions or inactions committed before or during the proceedings, in one of the situations referred to in article 1. 164, 165 and 167, likely to result in exclusion from the award procedure.


Article 170 (1) the contracting authority is obliged to verify the existence of a situation of exclusion under article 4. 164, 165 and 167 in connection with the proposed subcontractor.
  

(2) where it is identified a situation of exclusion, with the application of the provisions of art. 171, the contracting authority shall request the tenderer/one-time candidate to replace a subcontractor in connection with which resulted in scrutiny, that are in this situation.
  

(3) in order to verify specified in paragraph 2. (1) Declaration on sub-contractor completes his own responsibility in accordance with the provisions of art. 193-195, stating that they are not in any of the following is what attracts the exclusion from the award procedure.
  


Article 171 (1) any economic operator located in any of the situations referred to in article 1. 164 and 167 that attract the exclusion from the award procedure can provide evidence to show that the measures taken are sufficient to demonstrate in concrete credibility by reference to the grounds for exclusion.
  

(2) if the contracting authority considers the evidence presented by the operator in accordance with paragraph 1. (1) as being sufficient for demonstrating in concrete terms of credibility, the contracting authority shall not preclude the operator from the procedure for the award.
  

(3) the evidence on which the operator located in any of the situations referred to in article 1. 164 and 167 will provide to the contracting authority within the meaning of paragraph 1. (1) refers to the economic operator performing the payment or the taking of the economic operator concerned of the obligation to pay compensation in respect of any damage caused by a criminal offence or other unlawful act, clarification of the economic operator fully of the facts and the circumstances in which the crime was committed or other unlawful deed, through active cooperation with the authorities carrying out the investigation , and the adoption of the economic operator concerned of some concrete measures and appropriate technical and organizational level and in terms of personnel, such as removal of links with individuals and organizations involved in inappropriate behavior, reorganisation measures, implementation of control systems and reporting, create a structure for internal audit to verify the observance of laws and other rules or the adoption of internal rules on liability and indemnity payment in order to prevent the perpetration of further criminal offences or other unlawful acts.
  

4. Where the economic operator has been applied by a court ruling final judgment so far as the prohibition to participate in procedures for the award of a public procurement contract/agreement or a concession contract, which takes effect in Romania, the provisions of paragraphs 1 and 2. (1) to (3) are not applicable during the period of exclusion established by that judgment.
  


(5) if the economic operator has not been implemented by final judgment of a Court of law so far as the prohibition to participate in procedures for the award of a public procurement contract/agreement or a contract of concession for a certain period, the situations of exclusion under article 4. 164 and 167 do not apply to: a) If, in the case of acts specified in article 1. 164, has expired for a period of 5 years from the date of final judgment of conviction;
  

b) if statements, facts or events referred to in art. 167, has expired for a period of 3 years from the date of the occurrence of the situation of the relevant deed or event production.
  


(3) Criteria relating to the capacity Article 172 (1) the contracting authority shall be entitled to apply under the procedure for allocating capacity related criteria only: the pursuit of capacity) professional activity;
  

(b) economic and financial situation);
  

(c) technical and professional capacity).
  

(2) the contracting authority shall not be entitled to require economic operators to other capacity requirements relating to participation in the procedure for awarding to those referred to in paragraph 1. (1) and (3) the contracting authority establishes requirements for participation only as are necessary and appropriate to ensure that a candidate/tenderer has the legal capacity and financial and technical and professional skills to run public procurement contract/agreement to be assigned.
  

(4) the contracting authority may not establish requirements for participation proposed by the tenderer/subcontractor candidate in the tender or the request to participate, but consider the technical and professional capacity of the proposed subcontractors for their involvement in the contract to be fulfilled, if the documents presented are relevant in this respect.
  

(5) any requirements relating to the capability requested by the contracting authority must bear relation to the object of the contract tendering/framework agreement and be proportionate in relation to its subject matter.
  


Article 173 (1) the contracting authority is entitled to claim any economic operator to submit relevant documents to prove the registration form and, where appropriate, evidence of belonging in terms of times professionally, in accordance with the legal requirements of the country in which the economic operator is established.
  

(2) The procedures for the award of contracts for the procurement of services, where it is necessary for operators to hold a special authorisation or to be members of certain organizations in order to provide the services concerned in the State of origin, the contracting authority has the right to require them to prove that they hold such authorisation or are members of such organizations.
  


Article 174 (1) the contracting authority shall be entitled to require the offeror to submit candidate/information and relevant documents concerning the technical and professional capacity of any subcontractors proposed, in relation to the parties of the contract he/they are to actually fulfil them./
  

(2) if the information and documents submitted pursuant to paragraph 1. (1) it does not follow that the sub-contractor has the technical capacity and the proposed professional required for part/parts of the contract it is to actually meet them,/the contracting authority rejects the proposed subcontractor and shall request the tenderer/one-time candidate replacing it and the presentation of another subcontractor to have professional and technical capacity required for part/parts of the contract it is to actually meet them./
  


Article 175 (1) the contracting authority is entitled to establish through procurement documentation requirements relating to the economic and financial situation are necessary and appropriate in order to ensure that economic operators have the necessary economic and financial capacity to perform the contract tendering/framework agreement and to be protected against a possible risk of failure of the relevant contract.
  

(2) the requirements relating to the economic and financial situation established by the contracting authority may cover items such as: a) a certain minimum level of annual turnover, including a certain minimum turnover in the field of public procurement contract object/framework agreement; minimum annual turnover imposed on economic operators shall not exceed twice the estimated value of public procurement/contract framework agreement;
  

b) certain levels of other relevant economic and financial indicators, as well as the annual level of liquidity;
  

c) an appropriate level of professional risk insurance cover.
  

(3) exception from paragraph 1. (2) (a). the turnover), the annual minimum imposed on economic operators may exceed the limit laid down in paragraph 1. (2) (a). in the event of duly justified), as well as those related to the existence of particular risks related to the nature of the work, services or products subject to the public procurement contract/agreement framework.
  

(4) in the case referred to in paragraph 1. (3) the contracting authority shall indicate in the documentation of purchase the main reasons justifying such a requirement.
  


Article 176 (1) where to be awarded procurement contracts based on a framework agreement with the resumption of competition, the level of the minimum annual turnover; 175 paragraph 1. (2) (a). of the amount) maximum of subsequent contracts to run at the same time or, if this is not known, the estimated value of the framework agreement.
  

(2) in the case of dynamic purchasing system, the level of the minimum annual turnover; 175 paragraph 1. (2) (a). of the amount) maximum of subsequent contracts to be awarded under the system.
  


Article 177 (1) the operator furnishes proof of completion of requirements relating to the economic and financial situation, as a rule, by presenting, as appropriate, one or more of the following information and documents: (a) bank statements or statements) or, where applicable, proof of professional risk insurance cover;
  

(b) presentation of financial statements) or extracts of financial statements, where the publication of the financial statements is provided by the legislation of the country in which the economic operator is established;
  

c) a statement of the total turnover of economic operators and, where appropriate, of turnover in the field of activity covered by the contract, for a maximum of the last three financial years available, depending on the date of incorporation or the start of activity of the economic operator, in so far as the information on the business figures are available.
  

(2) where, for objective reasons and justified, the operator is not able to submit one or more of the information and documents referred to in paragraph 1. (1) the operator is authorised to prove its economic and financial situation by any other document which the contracting authority considers appropriate.
  


Article 178 (1) the contracting authority shall be entitled to lay down requirements concerning the purchase documents through the technical capacity and professional that are necessary and appropriate in order to ensure that economic operators holding human and technical resources and experience necessary to perform the procurement contract/agreement to a quality standard.
  

(2) the requirements relating to the technical and professional capacity may be determined by the contracting authority may cover in particular the existence of an adequate level of expertise, in relation 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/framework agreements for products that require work or location or installation operations, the ability of economic operators to provide services or perform construction or installation operations can be assessed in the light of skills, competences efficiency, experience and their potential.
  


Article 179 the operator furnishes proof of completion of requirements for technical and professional capacity by presenting, as appropriate, one or more of the following information and documents: (a)) a list of the work carried out during a period spanning no more than the past five years, accompanied by certificates of performance for the most important works; When it is necessary in order to ensure an adequate level of competition, the contracting authority may lay down that are taken into account in the relevant works made with more than 5 years ago;
  


b) list of the main product shipments carried out or the main services provided in the course of covering a maximum of the last three years, indicating the values, dates and recipients, whether public or private; When it is necessary in order to ensure an adequate level of competition, the contracting authority may lay down that are considered relevant product shipments made or rendered services relevant with more than 3 years ago;
  

(c) indication of the technicians or) technical bodies involved, whether or not forming part of the economic operator's organization, especially those responsible for quality control and, in the case of public works contracts, those are at the disposal of the contractor to perform the work;
  

(d) a description of the technical facilities) and measures used by the operator in order to ensure its quality and facilities for study and research;
  

e) an indication of management systems and traceability within the supply chain on which the economic operator will be able to apply to the execution of the contract;
  

f) where the goods or services to be supplied are complex or, exceptionally, are intended for a special purpose, the results of an inspection carried out by the contracting authority or, on its behalf, the competent official body of the country in which the economic operator is established, subject to the agreement of the relevant body, aimed at the production capacities of the economic operator supplying the product or the technical capacity of the economic operator supplying the services and If necessary, the facilities for study and research which are available to it and the quality control measures that apply to them;
  

(g) the educational and professional qualifications) of the economic operator supplying services or works of running times of the managerial staff of the economic operator, if they are not factors of evaluation;
  

h) an indication of the environmental management measures that the economic operator will be able to apply to the execution of the contract;
  

I) a statement regarding the annual average number of staff of the economic operators which provide services and supply times the number of managerial staff for the past 3 years;
  

j) a statement regarding the equipment, facilities and technical equipment at the disposal of the economic operator which provides services for executing times supply contract;
  

k) an indication of the party/parties to the contract on which the operator intends to subcontract/EI;
  

l) samples, descriptions or photographs of the products to be supplied, 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 (1) when planning to award a contract tendering/framework agreement the contracting authority batch job applies the requirements relating to the ability of each lot.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) the contracting authority may establish requirements for the minimum level of annual turnover in relation to groups of lots, where assignment is permitted several batches of the same provider, and contracts for the event must be executed at the same time.
  

(3) exception from paragraph 1. (1) as a condition for the possibility of being assigned contracts that are the subject of several batches of the same tenderer, the contracting authority may establish the requirements for technical resources and/or professional groups the groups when they use these resources in the context of contracts shall be carried out simultaneously or make it impossible to allocate the same resources to the same/more contracts that are running at the same time.
  


Article 181 criteria relating to the capacity and minimum requirements required to fulfil them, together with the corresponding evidence, are set out in the notice of invitation to tender.


Article 182 (1) the operator shall be entitled, if necessary and in relation to a particular public procurement contract/agreement, to invoke the support of a third party/third party/some as regards compliance with the criteria concerning the economic and financial situation and/or criteria relating to technical and professional ability, regardless of the legal nature of the relationship between the operator and the third party/parties concerned.
  

(2) the operator shall be entitled to invoke a third-party support of/third parties with regard to compliance with the criteria relating to the educational and professional qualifications referred to in article 1. 179 lit. g) only if the third party will conduct actually works or services in relation to those qualifications are needed.
  

(3) where the operator proves its economic and financial situation and/or the technical capacity and/or professional support, citing and, in accordance with paragraph 1. (1) and (2), by one or more third parties, then the operator must prove to the contracting authority that it has taken all the necessary steps to have access at any time the necessary resources, with a commitment in this respect on behalf of third party/parties.
  

(4) with a commitment of support, the candidate shall/produce the documents submitted by the third party/parties supporter/supporters, showing how effectively through which a third party/third party supporter/supporters will ensure that its own commitment of support, documents that will constitute the annexes to that commitment.
  

(5) where the third party/third party support is aimed at non-transferable resources, commitment to the contracting authority ensures the fulfilment of the obligations herein, in the event that the contractor encounters difficulties in the course of the contract.
  


Article 183 (1) the contracting authority shall verify whether the third party/third parties that provide support as regards compliance with the criteria relating to the economic situation and financial times concerning the technical capacity and/or professional meets/meet the relevant criteria relating to the capacity or do not fall within the grounds for exclusion under article 4. 164, 165 and 167.
  

(2) If a third party/third parties does not meet the relevant criteria/capacity or fall under one of the grounds for exclusion under article 4. 164, 165 and 167, the contracting authority shall, once only, as the operator to replace the third party/parties supporter/supporters without detracting from the aspect of the principle of equal treatment laid down in article 21. 2 (2). (2) (a). b). Article 184 where an economic operator demonstrates compliance with the criteria concerning the economic and financial situation and the landscape supporting a third party/third party of, the contracting authority shall require that the operator and the third party/parties/supporter to supporters respond jointly and severally for the execution of the contract tendering/framework agreement. Joint and several liability to the third party/third party supporter/supporters will engage under the condition of non-compliance with these obligations/support under commitment.


Article 185 (1) where several operators participate jointly to the award procedure, criteria concerning the technical and professional ability is demonstrated by considering the resources of all the members of the group, and the contracting authority shall require them to respond jointly and severally for the execution of the contract tendering/framework agreement.
  

(2) where several operators participate jointly to the award procedure, they can benefit from the support of a third party with regard to compliance with the criteria concerning the economic and financial situation and/or the technical and professional capacity, under the present law.
  


Article 186 if public procurement contracts for works or services and of the works or operations location or installation in a public procurement contract, the contracting authority may require that certain essential tasks to be carried out directly by the tenderer or, in the case of an offer made by a combination of economic operators , a certain Member of the Association.


Section 7-the award criteria in article 187 (1) Without prejudice to the provisions laid down by law or administrative action in respect of certain products price times the remuneration of certain services, the contracting authority shall award the contract tendering/framework agreement which the successful tenderer has submitted the most economically advantageous tender from the point of view.
  


(2) for the purposes of paragraph 1. (1) the contracting authority shall determine the most advantageous economically on the basis of the award criterion and the evaluation factors set out in the documents.
  

(3) to determine the most economically advantageous tender from the point of view of economic in accordance with paragraph 1. (2) the contracting authority has 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 cost/quality ratio.
  

(4) for the purposes of paragraph 1. (3) (a). c) and (d)), the best value for money/quality-cost is determined on the basis of the evaluation factors including quality aspects, environmental and/or social, in connection with the tendering contract/agreement framework.
  

(5) Evaluation Factors referred to in paragraph 1. (4) may cover, inter alia: (a)), including technical advantages, aesthetic and functional characteristics, concept design, accessibility for all users, social features, and innovative environmental and marketing and conditions;
  

b) organisation, qualifications and experience of staff appointed for execution of the contract, where the staff may have a significant impact on the qualitative level of performance of the contract;
  

c) after-sales services, technical support and delivery terms such as delivery date, delivery and timing of delivery or completion.
  

(6) for the purposes of paragraph 1. (3) (a). (c) the award criteria), the best price-performance ratio typically includes an element of price or cost; in the event that the contracting authority initiates a procedure for the award of fixed-budget item price or cost is a fixed price or cost factors assessment refers only to the qualitative aspects of the products, services or works which are the object of purchase.
  

(7) for the purposes of paragraph 1. (3) (a). b), lowest cost shall be determined on the grounds of profitability, using factors such as the calculation of life cycle costs.
  

(8) the contracting authority will not use lowest cost/lowest price as a criterion for the award in the case: a) certain categories of public procurement contracts/framework agreements for works or services that relate to intellectual services and involving activities with high complexity level;
  

b) tendering contracts/framework agreements for works or services ancillary to transport infrastructure projects on trans-European networks, as defined in this law, and county roads.
  

(9) the categories of public procurement contracts/framework agreements referred to in paragraph 1. (8) and the maximum share price or cost element one can have within the criterion for the award of such contracts shall be established through detailed rules for the application of this law.
  

(10) where two or more tenders are equivalent, the contracting authorities may apply additional criteria, for example: fighting unemployment, which will explicitly mention in the notice of invitation to tender.
  


Article 188 (1) Evaluation Factors set out in art. 187 para. (4) are directly related to the subject of the contract tendering/framework agreement when it relates in any way to the products, services or works to be provided/rendered/executed under tendering/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 work in question.
  

(2) for the purposes of paragraph 1. (1) the contracting authority may have regard to the evaluation factors in relation to: (a) the specific production process), supply or marketing of the works, products or services;
  

b) a process specific to another stage of the life cycle of the works, products or services.
  


Article 189 (1) the contracting authority is not entitled to use the assessment factors which lead to an unlimited freedom of appreciation.
  

(2) for the purposes of paragraph 1. (1) evaluation factors used by the contracting authority should ensure a real competition between economic operators and to be accompanied by provisions allowing for the effective verification of the information provided by the bidders, for the purposes of the evaluation factors.
  

(3) where it considers it appropriate, the contracting authority shall verify the accuracy of the information and evidence provided by the bidders.
  


Article 190 (1) the contracting authority shall indicate in the acquisition documents relative weighting which attaches each assessment factor to be applied to determine the most economically advantageous tender from the point of view of economy, except the offer most advantageous economically is determined by applying the criterion lowest price.
  

(2) the relative Weightings referred to in paragraph (1) may be granted by reference to the value ranges.
  

(3) where the establishment of a weighting is not possible for objective reasons, the contracting authority shall indicate the rating factors in descending order of importance.
  


Article 191 calculating costs throughout the life cycle covers, insofar as they are relevant, all or part of the following costs throughout the life cycle of a product, service or a works: a) costs incurred by the contracting authority or of other users, such as acquisition-related costs, costs of use, consumption of energy and other resources maintenance costs, costs at the end of the life cycle, as well as the cost of collecting and recycling;
  

(b) costs determined) external environmental effects in relation to the product, service or work throughout their life cycle, provided that the value of their funds can be determined and verified; These costs may include the cost of emissions of greenhouse gases and other polluting emissions and costs of climate change mitigation.
  


Article 192 (1) if the contracting authority evaluates the costs of using an approach based on the cost throughout the life cycle, this indicates the documents of purchase data to be provided by bidders, and the method which the contracting authority is to use it to determine the costs over the life cycle based on the data in question.
  

(2) the method used by the contracting authority for the assessment of external costs caused by environmental effects. 191 lit. b) must meet the following cumulative conditions: a) is based on a non-discriminatory and verifiable criteria objectively; in particular, where it has not been established for the purpose of repeated or continuing, do not favor or disadvantage unduly certain economic operators;
  

b) is accessible to all stakeholders;
  

c) data required can be provided through a reasonable effort by the economic operators that give evidence of a usual diligence, including operators from third countries which are party to the agreement on the procurement of the World Trade Organization and other international agreements which the European Union has assumed obligations.
  

(3) In all cases where a common method for calculating costs throughout the life cycle was made mandatory through regulatory action adopted at European Union level, the common method for the assessment of costs shall apply throughout the life cycle.
  


Section 8 single Document purchase. E-Certis Article 193 (1) the contracting authority accepts the submission of requests to participate or tenders DUAE, consisting of an updated affidavit, as preliminary evidence in lieu of certificates issued by public authorities or by third parties confirming that the operator in question meets the following conditions: a) is not in any of the exclusion situations referred to in article 1. 164, 165 and 167;
  

b) meets the criteria concerning the ability, as was requested by the contracting authority;
  

c) if applicable, meets the selection criteria established by the contracting authority in accordance with the provisions of this law.
  

(2) where the operator proves compliance with the criteria relating to the economic situation and financial times concerning the technical capacity and professional third party support, citing DUAE includes information referred to in paragraph 1. (1) in respect of a third party proponent.
  

(3) where the operator intends to subcontract a part/parts of the contract, and the required information includes DUAE regarding subcontractors.
  


(4) in addition to the information referred to in paragraph 1. (1) to (3) also contains information DUAE regarding public authority or third part responsible for the preparation of supporting documents, as well as an official statement to the effect that the operator is obliged to provide, on request and without delay, to their respective supporting documents.
  

(5) where a contracting authority can obtain the supporting documents referred to in paragraph 1. (4) directly by accessing a database, DUAE also includes the information required for this purpose, such as internet address database, any time identifying and, where appropriate, the Declaration required to grant consent.
  


Article 194 operators may reuse a DUAE already used in a previous procurement procedure, provided that the information contained in it are still correct and valid from the date thereof.


Article 195 shall be drawn up on the basis of DUAE 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 documentary evidence as proof of the information contained in DUAE, at any time during a procurement procedure, if this is necessary to ensure the proper conduct of the proceedings.
  

(2) prior to the allocation of public procurement contract/agreement framework, except contracts awarded for the execution of a subsequent agreement, the contracting authority shall request the tenderer ranked in first place after the application of the award criterion to submit updated supporting documents to demonstrate meeting all the criteria for qualification and selection, in accordance with the information contained in DUAE, except proceedings in several stages when the supporting documents requested prior to forwarding the invitations for the second stage to the selected candidates.
  

(3) the contracting authority may ask candidates or tenderers to complete/clarify the documents referred to in paragraph 1. (1) or (2).
  


Article 197 (1) Notwithstanding the provisions of article 4. 196 operators are not required to submit supporting documents or other evidence in support of the information declared in DUAE if and to the extent that the contracting authority is able to obtain certificates or relevant information directly by accessing a database in each Member State, available free of charge, such as a national register of public procurements , a virtual company dossier, an electronic storage of documents or a system of pre-selection.
  

(2) Notwithstanding the provisions of article 4. 196 operators are not required to submit documentary evidence in support of the information declared in DUAE where the contracting authority has awarded the contract for tender or framework agreement concluded is already in possession of the documents in question.
  

(3) for the purposes of paragraph 1. (1) databases which contain information relevant to the economic operators must be accessible to all contracting authorities from all Member States and must be regularly updated accordingly.
  


Article 198 DECENTRALISATION at the disposal of the European Commission and updated in e-Certis complete list of databases that contain information relevant to the economic operators established in Romania.


Article 199 (1) in order to facilitate cross-border procedures, DECENTRALISATION shall ensure that information concerning the certificates and other documents entered into the e-Certis are continually updated.
  

(2) contracting authorities using e-Certis and mainly those kinds of certificates or forms of evidence that are available in e-Certis.
  


Article 200 (1) the contracting authority shall be entitled to require economic operators obligation certain specific certifications awarded by accredited certification bodies that certify by them of certain quality assurance standards, including accessibility for persons with disabilities, or times of the environmental management systems.
  

(2) the contracting authority shall, in accordance with the principle of mutual recognition, to accept certificates equivalent to those referred to in paragraph 1. (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 certificate of environmental quality or as requested by the contracting authority or can obtain it within the time limits laid down, for reasons which are not attributable to the contracting authority is required to accept any other evidence or evidence presented by the economic operator concerned to the extent that evidence presented confirmed samples/ensuring an adequate level of quality or, as appropriate, of environmental protection equivalent to that required by the contracting authority.
  


Section 9-the official lists of approved economic operators and certification by bodies governed by public or by private law Article 201 (1) through the detailed rules for the application of the present law shall lay down the modalities of certification or inclusion on the official lists, at the national level, economic operators opting for a system of certification.
  

(2) the DECENTRALISATION has the obligation to inform the European Commission about the coordinates and the operation of the certification system referred to in paragraph 1. (1) and (3) economic operators registered on the official lists or having a certificate may apply to the contracting authorities, in the context of a procedure for the award of a public procurement contract/agreement, a certificate of registration issued by the competent authority or by the competent certification body; certificates references that indicate the inclusion of operators on the official list or certification and classification on that list.
  

(4) inclusion of operators on official lists by the competent bodies certificates or a certificate issued by a certification body represents a relative presumption regarding the fulfilment of the economic operator concerned on that list or holding the certificate of qualification and selection requirements covered by the official list or that certificate.
  


Article 202 (1) information that result from inclusion on the official lists or in the certificates issued by certification bodies may not be questioned without justification.
  

(2) in respect of the payment of taxes, fees and contributions to the consolidated general budget may require a supplemental certificate from any economic operator on the official lists or holding a certificate when you award a contract tendering/framework agreement.
  

(3) economic operators from other Member States have an obligation to be entered on the official lists organized according to the provisions of this law or to obtain certification in Romania a type to that covered by the table of contents of this section to participate in a procedure for the award of a public procurement contract/agreement.
  

(4) in case the contracting authority shall require as part of a procedure for the award of certain certificates, it is obliged to accept equivalent certificates issued by bodies established in other Member States, or other equivalent means of proof.
  


Section 10-the electronic Catalogues Article 203 (1) where laws require the use of electronic means of communication, the contracting authority may require that the tenders to be submitted in the form of an electronic catalog or to include an electronic catalogue.
  

(2) Through the methodological norms of this law shall establish categories of purchases in respect of which the contracting authority is obliged to require the use of electronic catalogues.
  

(3) the offers presented in the form of electronic catalogues may be accompanied by other documents that complement it.
  


Article 204 (1) electronic Catalogues are developed by candidates/tenderers to participate in a particular procurement procedure in accordance with the technical specifications laid down in format and the contracting authority.
  

(2) electronic Catalogues complies with the requirements applicable to electronic communication tools, as well as any additional requirements set by the contracting authority, in accordance with the provisions of art. 64-66 and the detailed procedures for the application of this law.
  


Article 205 (1) when it accepts or requests the submission of tenders in the form of electronic catalogues, contracting authority: a) indicates this in the notice of invitation to tender;
  

b) indicated in the documents of purchase all necessary information relating to the electronic equipment used and the arrangements and technical specifications for connection.
  


(2) where it was concluded a framework agreement with several economic operators on the basis of bids submitted in the form of electronic catalogues, the contracting authority may provide that the resumption of the competition for the award of contracts shall be carried out on the basis of subsequent catalogs updated.
  

(3) in the case referred to in paragraph 1. (2) the contracting authority shall use one of the following methods: to invite bidders to submit) again, catalogues tailored to the requirements of the contract in question;
  

b) inform tenderers that it intends to collect from electronic catalogs that have already been submitted by the information necessary to constitute offers tailored to the requirements of the contract in question, provided that the use of this method have been announced in the acquisition documents which formed the basis of the conclusion of the framework agreement.
  

(4) in case the contracting authority resumes competition for subsequent contracts in the execution of the framework agreement, in accordance with paragraph 1. (3) (a). b), it shall notify tenderers in respect of the date and time at which they intend to collect the information necessary to constitute offers tailored to the requirements of the contract in question and gives them to bidders the opportunity to refuse this collection of information.
  

(5) the contracting authority should provide for an appropriate period of time between the notification referred to in paragraph 1. (4) effective information collection.
  

(6) prior to contract award, the contracting authority shall submit the information collected in accordance with paragraph 1. (4) the tenderer concerned, to give it its ability to challenge or confirm that the offer contains no such established significant errors.
  


Article 206 (1) the contracting authority may assign the public procurement contracts based on a dynamic purchasing system, requiring the submission of tenders in response to a specific contract in the form of an electronic catalogue.
  

(2) the contracting authority may, in addition, to make the public procurement contracts based on a dynamic purchasing system, in accordance with article 4. 205 paragraph 1. (3) (a). b) and para. (4) to (6), provided that the application for participation in the dynamic system of purchases to be accompanied by a catalogue with the technical specifications and in accordance with the format established by the contracting authority.
  

(3) electronic catalogue referred to in paragraph 1. (2) is complemented by the candidates when they are informed of the intention of the contracting authority to set up deals on the basis of the procedure laid down in article 21. 205 paragraph 1. (3) (a). b). Section 11-the award of contracts by invitation to tender and the conclusion of framework agreements Article 207 (1) the contracting authority determines the winning bid on the basis of the award criterion of the evaluation factors and specify in the notice of invitation to tender/notice and documents of purchase, provided that the following conditions are cumulative: a) the offer in question meets all the requirements, conditions and criteria laid down in the notice of invitation to tender and purchase documents considering, where appropriate, the provisions of article 4. 162;
  

b) offer has been submitted by an offeror who meets the criteria relating to qualifications and, where appropriate, the selection criteria and are not subject to the grounds for exclusion.
  

(2) In the event that the contracting authority cannot conclude the contract with the successful tenderer whose tender was determined as the winner, due to the fact that the tenderer concerned is in a situation of force majeure or accidental failure to execute the contract, the contracting authority shall be entitled to declare the winning bid placed second, the conditions under which it is permissible.
  

(3) where, in the situation referred to in paragraph 1. (2) there is a bid placed second admissible, shall apply the provisions of article 4. 212 paragraph 1. (1) (a). e). Article 208 Through detailed rules for the application of this law shall be determined in specific cases and under the conditions which the contracting authority shall be entitled, in the procedure of open tender, and to assess the compliance of tenders with technical specifications and other requirements laid down in the documents of purchase and apply the criterion for attribution and verification of completion of evaluation criteria previously and selection.


Article 209 (1) if the information or documents submitted by the operators is incomplete or inaccurate, or if the missing documents, the contracting authority is entitled to claim in a particular term candidates and tenderers/clarifications, as appropriate, additions of documents submitted by them within the framework of tenders or requests to participate, while respecting the principles of equal treatment and transparency.
  

(2) the contracting authority is not entitled as clarifications requested completions through to determine/appearance of an obvious advantage in favour of a bidder/candidate.
  


Article 210 (1) in the case of an offer that has a price or cost apparently unusually low in relation to the works, goods or services to which the contract tendering/framework agreement which is to be awarded, the contracting authority/is obliged to request the Tenderer has lodged such an offer clarification on the price or cost.
  

(2) the clarifications outlined in paragraph 1. (1) may include, among others: the economic justification of how) training price, by reference to the manufacturing process, services provided or methods of construction used.
  

b) the technical solutions adopted and/or any particularly favorable conditions enjoyed by the successful tenderer for the supply of goods or of services execution times;
  

(c) the originality of the works), products or services proposed by the tenderer;
  

d) compliance with the obligations under article 4. 51 para. (1);
  

e) compliance with the obligations laid down in article 21. 218;
  

f) possibility that the offeror is entitled to state aid.
  

(3) the contracting authority evaluates the information and documents supplied by the tenderer whose tender has an unusually low price apparently and reject the tender only when the evidence does not justify a correspondingly low level of cost or price proposed, taking into account the elements listed in paragraph 2. (2) and (4) the contracting authority rejects a tender always when it finds that it has an unusually low price because it does not comply with the obligations laid down in article 21. 51 para. 1. (5) where a contracting authority establishes that a tender priced unusually low because the tenderer receives State aid, the tender can only be rejected on that ground alone only if the tenderer clarification requested, could not demonstrate, within an appropriate period set by the contracting authority, that the aid was granted legally.
  

(6) if the contracting authority rejects a tender on the grounds referred to in paragraph 1. (5), shall inform the Commission, after consultation with the Council of European competition.
  


Section 12 termination of award the award Procedure Article 211 shall be completed by: a) the contract tendering/framework agreement; or (b) the cancellation of the award procedure).
  


Article 212 (1) the contracting authority is obliged to cancel the procedure for the award of public procurement/contract framework agreement in the following cases: a) if not submitted any offer/request or if there was no admissible tender;
  

b) if they were admissible tenders that can not be compared because of the way patchy approach to technical solutions and/or financial management;
  

c) if violations of the legal provisions affecting award procedure or if it is impossible to conclude the contract;
  

d) National Board of review or the Court has the modification/removal of any technical specifications the specifications or other documents issued in connection with the invitation to tender, the contracting authority is unable to take corrective measures, without affecting the principles of public procurement covered by article 1. 2 (2). (2);
  

e) if the contract cannot be signed with the bidder whose bid has been fixed because the winning tenderer concerned is in a situation of force majeure or accidental failure to execute the contract and there is a bid placed second to be admissible.
  

(2) for the purposes of paragraph 1. (1) (a). c) by violating the legal provisions shall mean a situation in which, during the award procedure, errors or omissions, and the contracting authority is unable to take corrective action without this leading to the violation of the principles laid down in article 21. 2 (2). 2. Article 213


(1) the contracting authority shall be entitled to cancel the contract award procedure of tendering/framework agreement in the cases provided for in article 10. 78 para. (8), art. 82 para. (8), art. 88 para. (8) and article. 97 para. 8. (2) the contracting authority is required to make public the decision of annulment of the procedure for the award of public procurement contract/agreement framework, accompanied by justification for nullification of the award procedure, via electronic platform referred to in art. 150 para. (1) within the period provided for in art. 161. Section 13-information of candidates/tenderers Article 214 (1) the contracting authority is obliged to send the successful tenderer the winner a communication accepting his offer, through which they manifested their agreement to conclude the contract tendering/framework agreement.
  

(2) during the process of evaluation, the contracting authority shall be entitled to send candidates/tenderers partial results for each intermediate stages of this process, in accordance with the specific conditions laid down in the detailed rules for the application of this law.
  

(3) the contracting authority determines the winning bid no later than 25 days from the deadline for submission of tenders. By exception, in duly justified cases, this period may be extended. Extension of the period of assessment is brought to the attention of the economic operators involved in the proceedings within two days.
  


Article 215 (1) the contracting authority shall inform each candidate/tenderer with regard to decisions taken in respect of the outcome of the selection procedure, i.e., the result of assignment/termination of procurement/acceptance of the framework agreement or in a dynamical system, including with regard to the underlying reasons for any decision not to award a contract, not to conclude a framework agreement or not to implement a dynamic purchasing system or to resume the procedure for awarding as soon as possible but not later than 5 days after the issuance of the respective decisions.
  

(2) within the framework of the communication on the outcome of the procedure laid down in paragraph 1. (1) the contracting authority is required to include: a) each candidate, concrete reasons that formed the basis of the decision rejecting his request for participation;
  

(b) each tenderer who) presented an unacceptable offer or not, concrete reasons that formed the basis of the decision of the contracting authority;
  

c) each tenderer who has made an admissible tender, but which was not declared the winner, the characteristics and relative advantages of the winning tender/tenders designated in relation to its offer, the offeror whose name is to be assigned to public procurement contract or, as the case may be, of the successful tenderer/tenderers with whom to conclude a framework agreement;
  

d) each tenderer who has made an admissible tender, information relating to the conduct and progress of the negotiations and dialogue with bidders.
  

(3) the offer is not admissible tender which is unacceptable or not.
  

(4) the offer is unacceptable if not meets the conditions of form and presentation related thereto, as well as the requirements for qualification and selection provided in the documentation.
  

(5) the offer is considered non-compliant if it is irrelevant compared to the object of the contract are not clearly meet, without substantial changes, needs and requirements of the contracting authority indicated in the documents of purchase, 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 lies in one of the situations of exclusion under article 4. 164, 165 and 167 or does not meet the criteria of qualification established by the contracting authority.
  

(7) the contracting authority shall be entitled not to communicate certain information referred to in paragraph 1. (1) and (2) concerning the award of public procurement contract, framework agreement or on admission in a dynamical system, where their disclosure would prevent: (a)), the application of provisions laid down by law or would be contrary to the public interest;
  

b) would prejudice the legitimate commercial interests of an economic operator, public or private, or might prejudice fair competition between economic operators.
  


Section 14 of the dossier and report the purchase award procedure Article 216 (1) the contracting authority is obliged to draw up the report of the award procedure for each contract awarded by invitation to tender or framework agreement concluded, and for every dynamic system of purchases.
  

(2) the report of the award procedure laid down in paragraph 1. (1) must include at least the following documents/information: name and address of) the contracting authority, the subject and value of the contract tendering/framework agreement or dynamic purchasing system;
  

b) where appropriate, the results of the qualification process and/or selection of candidates/tenderers and/or reducing the number thereof during the award procedure;
  

c) reasons for the rejection of an offer that has an unusually low price;
  

(d) the name of the tenderer) declared the winner and the reasons why its tender was winning;
  

e) insofar as they are known, the parties to the contract/procurement/framework agreement which declared the winner bidder intends to subcontract to third parties/le and name subcontractors;
  

f) rationale for reasons concerning the choice of procurement procedure, where the competitive negotiated procedures, competitive dialogue or negotiated without prior publication of a contract notice;
  

g reasoned justification) the contracting authority has decided to annul the tendering procedure;
  

h) where appropriate, the reasons for that were used by other means of electronic communication for the submission of tenders;
  

I) when appropriate, conflicts of interest are identified and measures taken in this regard.
  

(3) the information covered by paragraph 1. (2) (a). b) are the following: a candidates/tenderers) qualified name and/or select and the reasons for such decisions;
  

b) designation of candidates/tenderers rejected and the reasons for rejection.
  

(4) the contracting authority is not obliged to draw up the report referred to in paragraph 1. (1) in relation to subsequent contracts awarded for the execution of a framework agreement, in the event that the framework agreement is concluded in accordance with article 4. 117 or art. 118 paragraph 1. (1) (a). a). (5) in so far as the contract award announcement of tender/framework agreement shall contain the information referred to in paragraph 1. (2) the contracting authority may make reference to this notice in the report of the award procedure.
  

(6) the report of the award procedure laid down in paragraph 1. (1) or any of its content elements will be communicated to the European Commission or competent public authorities and institutions, at their request.
  


Article 217 (1) the contracting authority is obliged to draw up tender dossier for each procurement contract/agreement concluded for each dynamic procurement system.
  

(2) the tender Dossier shall be kept by the contracting authority as long as the public procurement contract/agreement produces legal effects, but not less than 5 years from the date of termination of the contract in question.
  

(3) 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 such procedures.
  

(4) completion of the tendering procedure at a later date, the tender document is public.
  

(5) the access of persons to file the tender pursuant to paragraph 1. (4) is carried out in compliance with the time limits and procedures provided for by the legal rules on free access to information of public interest and cannot be restricted only to the extent that such information is confidential, classified or protected by an intellectual property right law.
  

(6) Notwithstanding the provisions of paragraphs 1 and 2 of the. (5) the communication of the outcome of the tendering procedure, the contracting authority is obliged to permit, upon request, within a time limit not exceeding one working day of receipt of the request, any bidder unbundling/candidate ratio award procedure and the information within documents qualifications, technical proposals and/or financial which have not been declared by bidders as confidential classified or protected by an intellectual property right.
  

(7) the content of the tender dossier shall be established through detailed rules for the application of this law.
  


Chapter V Enforcement contract tendering/framework agreement section 1 Article 218 Subcontracting


(1) the contracting authority shall carry out the appropriate payments to the party/parties to the contract fulfilled by subcontractor proposed in the tender, if they request, for services, products or supplied by the contractor according to the contract between the contractor and the subcontractor in accordance with applicable legal provisions, when permitted by the nature of the contract and whether the proposed subcontractor have expressed the option in this regard.
  

(2) for the purposes of paragraph 1. (1) express their subcontractors, at the time of conclusion of the contract of purchase or at the time of their placing in the public procurement contract, if applicable, the option to be paid directly by the contracting authority. The contracting authority shall carry out direct payments to the subcontractor approved only when their performance is confirmed by documents approved by all three parties, namely the contracting authority, the contractor and the subcontractor or subcontractor contracting authority and when, unduly obstructs execution confirmation contractor obligations of subcontractor.
  

(3) when a subcontractor expresses the option to get paid directly, the contracting authority is required to establish in the framework of public procurement contract binding contractual clauses providing for the transfer of payment obligations by the subcontractor/subcontractors for part/parts of the contract in respect thereof/related at the time confirmed the fulfilment of the obligations assumed by the contract of subcontracting in accordance with paragraph 1. (2) and (4) the contracting authority is obliged to ask the public procurement contract or when you introduce new subcontractors, submission of contracts concluded between the contractor and the subcontractor/subcontractors appointed by the offer or at a later date, so you can assign tasks incumbent upon them, and the amounts of benefits, to be contained in the contract tendering.
  

(5) contracts submitted in accordance with paragraph 1. (4) must be in accordance with the offer and will constitute the annexes to the contract tendering.
  

(6) the provisions referred to in paragraph 1. (1) to (5) does not diminish the responsibility of the contractor in terms of how the future of the public procurement contract/agreement.
  


Article 219 (1) the contracting authority shall require the contractor, at the latest at the time of commencement of the execution of the contract, to carry the name, contact details and legal representatives to its subcontractors involved in the enforcement of public procurement contract, to the extent that this information is known at the time.
  

(2) the contractor shall notify the contracting authority of any changes to the information referred to in paragraph 1. (1) the duration of the contract tendering.
  

(3) the contractor is entitled to involve new subcontractors during contract execution of invitation to tender, provided that the nomination does not represent a substantial change of the tendering contract, pursuant to article. 221. (4) In the situation referred to in paragraph 1. (3) the contractor shall transmit to the contracting authority the information referred to in paragraph 1. (1) and will get the agreement of the contracting authority concerning the potential new subcontractors involved in performance of the contract.
  

(5) when replacing or introducing new subcontractors takes place after the award of contract, they shall send the certificates and other documents necessary for checking whether situations of exclusion and resources/capabilities of their party's involvement in the contract to be fulfilled.
  


For the purposes of article 220 of the complete information, the contracting authority has the right to extend the application of the obligations under article 4. 219: a) in respect of service providers involved in public contracts for works or services;
  

b) with respect to subcontractors or vicarious agents of sub-contractors to the contractor are on subsequent levels of the subcontracting chain.
  


Section 2 of the amendment of the contract tendering/framework agreement in article 221 (1) of the public procurement Contracts/framework agreements can be modified, without organizing a new procurement procedure, in the following situations: a) where changes, regardless of whether or not they are evaluabile in money and regardless of their value, have been laid down in documents of purchase in the form of initial review clause clear , precise and unequivocal, which may include provision for the review of the price or any other options;
  

b) when they are complied with in the following circumstances: (b) cumulatively (i) becomes necessary to purchase from the original contractor of some products, services or works that were not included in the initial contract but which were strictly necessary in order to attain it;
(ii) it is impossible to change the contractor;
(iii) any increase in the price of the contract representing the value of the products/services/additional works shall not exceed 50% of the value of the original contract;

c) when you are satisfied, the following conditions are cumulative: (i) the amendment became necessary as a result of circumstances which a contracting authority acting with due diligence would not have been able to provide for them;
(ii) the modification does not affect the general character of the contract;
(iii) the price increase shall not exceed 50% of the value of the public procurement contract/agreement framework originally;

d) when the Contracting Party with which the contracting authority has completed the initial purchase agreement public/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 set by the contracting authority according to subparagraph (a). paragraphs 1 and 2). (2);
(ii) the rights and obligations arising from the contract to the contractor the original invitation to tender/framework agreement is taken as a result of a succession of universal or with universal title within a process of reorganization, including a merger or a Division, by another economic operator that meets the criteria for qualification and selection initially provided that such an amendment will not entail substantial alteration of contract tendering/framework agreement and not to be carried out in order to circumvent the application of the procedures the award provided for in this law;
(iii) upon the termination of the contract tendering/framework agreement, the principal contractor to the contracting authority involve contracts with subcontractors thereof, as a result of a review clause or an option set by the contracting authority according to subparagraph (a). a);

e) where changes, regardless of their value, there are substantial;
  

f) when they are complied with in the following circumstances: (b) cumulatively (i) amendment of the value is less than the corresponding thresholds referred to in article 1. 7 para. (1);
(ii) the value of the change is less than 10% of the price of the contract tendering/framework agreement initially, in the case of procurement of services or products, or less than 15% of public procurement contract price/initial framework agreement, in the case of public procurement contracts.

(2) In the situation referred to in paragraph 1. (1) (a). the review clauses), specifying the limits and the nature of the object, and any amendment or options and the conditions in which they may have recourse to them and can not determine changes or options which would affect the general character of the public procurement contract or framework agreement.
  

(3) for the purposes of paragraph 1. (1) (a). (b)), it is impossible to change the contractor when they are complied with in the following conditions: (a) (b) cumulatively) changing the contractor cannot be carried out for economic reasons or technical requirements for interchangeability or interoperability with equipment, services or purchased under the existing procedure for the initial purchase;
  

b) changing the contractor would cause significant difficulties to the contracting authority or the significant increase in costs.
  

(4) where the contract price increase is effected through many successive changes in accordance with paragraph 1. (1) (a). b) and (c)), the aggregate value of contract amendments shall not exceed by more than 50% of the value of the original contract.
  

(5) the contracting authority has the right to make changes of the tendering contract/agreement framework in accordance with paragraph 1. (1) (a). b) and (c) for the purpose of circumvention) application of award procedures laid down by this law.
  

(6) Contracting Authorities shall amend the public procurement contracts/framework agreement in the cases provided for in paragraph 1. (1) (a). b) and (c)) are required to publish a notice to that effect in the official journal of the European Union and at national level, in compliance with the form established by the standard European Commission pursuant to articles 81 and 82. 51 of Directive 2009/24/EU of the European Parliament and of the Council of 26 February 2014.

  

(7) an amendment to a contract tendering/framework agreement during the period of validity shall be regarded as substantial change within the meaning of paragraph 1. (1) (a). s) when it met at least one of the following conditions: (a) modification of the conditions which introduce), if it were included in the initial award procedure, would have allowed the selection of other candidates than those who choose initial or accepting other offers than the one initially supported or would be drawn and other participants in the award procedure;
  

b changes the economic balance) the amendment of the public procurement contract/agreement framework in favour of the contractor in a manner which was not provided for in the public procurement contract/agreement originally;
  

c) alter considerably extend the contract tendering/framework agreement;
  

d) a new contractor to replace the original contractor, in cases other than those referred to in paragraph 1. (11) (8) the amendment of the contract tendering/framework agreement under the conditions laid down in paragraph 1. (7) cannot affect the nature of the public procurement contract or framework agreement.
  

(9) In the situation referred to in paragraph 1. (8) in the case of the many changes, the changes will determine the value based on the value of accumulated net changes.
  

(10) in order to calculate the price referred to in paragraph 1. (1) (a). b), point (iii), lit. c), point (iii) and in (b). f) will use the updated price tendering a contract/agreement framework, which constitutes the reference value when tendering contract includes a clause for indexing.
  

(11) for the purposes of this article, the general nature of the contract means the main objectives pursued by the contracting authority to the achievement of the initial purchase, the main object of the contract and the rights and obligations of the contract, including the main requirements of quality and performance.
  

(12) Through the methodological norms for the application of this law shall be determined by the contracting authority of the burden of notification obligations of the institution responsible for ex-ante control concerning their intention to carry out the amendments to the public procurement contracts/framework agreements under this article.
  


Article 222 (1) Any amendment to a contract for the procurement of the time framework agreement during its period of validity otherwise than in the cases and under the conditions laid down in article 21. 221 is achieved by organising a new procurement procedure in accordance with the provisions of this law.
  

(2) in the event of non-compliance with the provisions of paragraphs 1 and 2. (1) the contracting authority shall be entitled to unilaterally terminate the contract tendering.
  

(3) the contracting authority the unilateral right of termination enters referred to in paragraph 1. (2) the contractual terms and conditions contained in the award.
  


Chapter VI specific cases of termination of contract tendering Article 223 (1) without prejudice to the provisions of the common law relating to the termination of the contract or the right of the contracting authority to require a finding of absolute nullity of the contract invitation to tender, in accordance with the provisions of common law, the contracting authority has the right to terminate unilaterally a contract tender during the period of its validity in any of the following situations : a) the contractor shall, at the time the contract is awarded, in one of the situations which would have caused his exclusion from the award procedure under art. 164-167;
  

b) contract would not have been assigned to the contractor in question, in view of a serious breach of the obligations arising from the relevant European legislation and which was established by a decision of the Court of Justice of the European Union.
  

(2) the contracting authority the unilateral right of termination enters referred to in paragraph 1. (1) the contractual terms and conditions contained in the award.
  


Chapter VII Offences and penalties Article 224 (1) the following acts constitute offences, unless they have been perpetrated in such conditions as to be considered, according to the criminal law, offences: a) to comply with decisions of the neducerea National Council for review;
  

(b) any breach of the provisions) of this law or regulations issued pursuant thereto, having the effect of breaching the provisions of article 3. 2;
  

c) the award of a public procurement/framework agreement or organization of a contest of solutions without prior publication of an invitation to participate in a competitive tendering procedure, in cases where its publication is mandatory under article 21. 111 para. (1) (a). ) and art. 144;
  

d) violation of article 10. 11(2). (2);
  

e) violating the rules of drawing up the technical specifications referred to in article 1. 155 para. (6);
  

f) violation of publicity and transparency; 111 para. (1) (a). (b)) and art. 142-150;
  

g) using other qualification criteria and selection than those laid down in article 21. 163 or other award criteria than those provided for in article 10. 187 para. (3);
  

h) incorrect application, within the framework of qualifications/selection and/or assessment criteria for qualification and selection, the award criterion or factor markets;
  

nepunerea available to them) DECENTRALISATION within the requested information relating to the award of public procurement contracts/framework agreements, which it calls them in order to carry out its functions;
  

j) violation of article 10. 207 para. (1);
  

k) annulment of a procurement procedure in cases other than those referred to in article 1. 212 and 213 or the creation of artificial circumstances, nullification of the award procedure;
  

l) violation of article 10. 215 paragraph 1. (1) and (2) the Offences referred to in paragraph 1. (1) shall be imposed with a fine between 5,000 and 30,000 lei lei.
  


Article 225 notwithstanding, in the case of public procurement contracts funded by European and/or national public funds involved, article 4. 224 shall apply only if the offense does not constitute that offence established in accordance with the provisions of Government Emergency Ordinance nr. 66/2011 on preventing, finding and sanctioning irregularities arising in the use of EU funds and/or national public funds involved, approved with amendments and completions by law No. 142/2012, as amended and supplemented.


Article 226 (1) Finding contraventions and penalties shall be carried out by persons authorized for this purpose by the Court of Accounts of Romania, i.e. DECENTRALISATION, depending on the institution that makes finding of the irregularity.
  

(2) application of the sanction with the contraventional fine shall lapse within a period of 36 months from the date of Commission of the offence.
  


Article 227 (1) administrative Sanction applies to the contracting authority, which, depending on the concrete situation, has to take measures against persons involved in the conduct of public acquisition was the subject of the contravention.
  

(2) committing the offence does not necessarily involve the production of injury.
  

(3) establishing the injury must take account of the circumstances of the offence and to be well founded.
  


Article 228 Contraventions referred to in art. 224 applicable to provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 13(2). (1), art. 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 assigning a long-term contract that would include either the execution of works and operation of the outcome of the work, whether the provision, management and operation of services, the contracting authority shall draw up an interpretative study which will demonstrate the necessity and advisability of the project in this way.
  

(2) the provisions of paragraphs 1 and 2. (1) applies and where long-term project implies the creation of a company having as shareholders the economic operator, on the one hand, and the contracting authority or contracting entity, on the other hand.
  

(3) study of justification referred to in paragraph 1. (1) is based on a feasibility study for projects involving the carrying out of works.
  


Article 230 (1) through the study of justification referred to in art. 229 paragraph 2. (1) the contracting authority is obliged to consider whether the assignment of the contract involves transfer of a significant part of operating risk the economic operator concerned, as defined in the law on concessions of works and services concessions.
  

(2) where, as a result of the analysis referred to in paragraph 1. (1) the contracting authority finds that a significant portion of the operating risk will not be transferred to the economic operator, the contract shall be regarded as contract tendering.
  


Article 231


To the extent that this law provides otherwise, the provisions of the common law are applicable.


Article 232 (1) of the National System of public procurement shall include regulation, assistance and operational support, ex-ante, ex-post control, supervision, monitoring, detection of conflict of interests, combating phishing auctions and other functions with due regard for the principles laid down in article 21. 2 (2). (2) (2) Through the methodological norms for the application of this law are detailing specific obligations and responsibilities of the contracting authorities in relation to the carrying out of these functions.
  


Article 233 shall draw up detailed arrangements for DECENTRALISATION of this law that you submit to the Government for adoption within 30 days of its publication in the Official Gazette of Romania, part I.


Article 234 (1) In order to accomplish the tasks set out in the national strategy in the field of public procurement and in this Act, the Court of accounts staff of Romania shall be increased by 250 posts.
  

(2) authorizes the Ministry of public finance to introduce financial influences resulting from the application of paragraph 1. (1) the budget of the Court of accounts of Romania for the year 2016.
  


Article 235 (1) For infrastructure projects from the trans-European transport network located on the transport network (TEN-T) (Core) and global (Comprehensive), as defined in article 7. 9 para. (1) and of article 23. 38 of Regulation (EU) No. 1.315/2013 of the European Parliament and of the Council of 11 December 2013 on guidelines for the development of trans-European transport network and repealing Decision No. 661/2010/EU and connecting roads and detours of the variants of the urban localities, the modality of economic and financial situation, as well as the technical and professional capacity of economic operators participating in tendering proceedings will be governed by the judgment of the Government, at the initiative of the Ministry of transportation, within 90 days after the entry into force of this law.
  

(2) the procedure for the replacement of personnel specialized subcontractors/nominated for performance of the contract/members of the Association, during the period of implementation of the contract will be governed under a separate chapter of the methodological norms for the application of this law.
  

(3) for the purposes of paragraph 1. (1) detailed rules for the certification of the economic and financial situation and the technical and professional capacity of economic operators shall relate to the regulation of a certification system for procurement procedures intended for infrastructure projects from the trans-European transport network for the exercise by economic operators of the qualification and selection criteria.
  


Article 236 (1) this Act applies to procurement procedures initiated after the date of its entry into force.
  

(2) procurement processes in progress on the date of entry into force of this law shall be subject to the law in force at the date of the initiation of the award.
  

(3) this Act applies to public procurement contracts/framework agreements concluded after the date of its entry into force.
  

(4) the public procurement contracts/framework agreements concluded before the date of entry into force of this law shall be subject to the provisions of the law in force at the time when they have been completed in all respect the conclusion, amendment, interpretation, execution and termination of the effects thereof.
  


Article 237 Government Emergency Ordinance nr. 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 dated 26 May 2015, approved by law No. 244/2015, shall be supplemented as follows: "article 5, after paragraph 6, insert a new paragraph, paragraph (6 ^ 1), with the following content: «(6 ^ 1) the number of public servants within each regional DECENTRALISATION of structures referred to in paragraph 1. (6) is at least 30, of which at least two municipalities in the counties of residence allotted to each regional structure. "


Article 238 after the entry into force of this law shall be repealed: a) Government Emergency Ordinance nr. 34/2006 relating to the awarding of contracts for procurement, concession contracts for public works contracts and concession services, published in the Official Gazette of Romania, part I, no. 418 of 15 May 2006, approved with amendments and completions by law No. 337/2006, as amended and supplemented;
  

b any other provision to the contrary) contained in any other normative acts.
  


Article 239 appendices. 1 and 2 are an integral part of this law.


Article 240 (1) this law shall enter into force three days after its publication in the Official Gazette of Romania, part I.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) the provisions of article 4. 199 para. (2) shall enter into force on 18 October 2018.
  

* This law transposes art. 3, art. 5, art. 7-21, art. 23, art. 24, art. 27, art. 29-36, art. articles 22 to 38. 40-43, art. 45, art. 47, art. 49, art. 50, art. 52, art. 53, art. 55, art. 57, art. 58, art. 63, art. 65-67, art. 70, art. 72-74, art. 76, art. 78, art. 81, art. 82, art. Directive 84/24/EU 2014 on procurements and repealing Directive 2004/18/EC, published in the official journal of the European Union (JOUE), L series, no. 94 of 28 March 2014, and partially art. 1 (1). (1) and (2), art. 2 (2). (1) section 1, 4-24, art. 4, art. 6 paragraph 1. (3), art. 22 paragraph 1. (1) fifth subparagraph, and paragraphs 3 and 4. (2), para. (3) paragraphs 1 and 2. (5), art. 23 para. (1) paragraph (1), art. 26 para. (1) to (4), para. (5) the first subparagraph of paragraph 1. (6), art. 28 para. (1) to (6), art. 37 para. (1) the first and second subparagraphs of paragraph 1. (2) to (4), art. 39 in paragraph 1. (1) paragraphs 1 and 2. (2) the first subparagraph of art. 44 para. (1) paragraphs 1 and 2. (2), art. 46 para. (1) to (3), art. 48 para. (1), art. 51 para. (1) the first subparagraph of paragraph 1. (2) the second subparagraph of article 3. 54 paragraph 2. (1) the first subparagraph of paragraph 1. (2), art. 56 para. (1) to (3), art. 59 paragraph 1. (1) to (6), art. 60 para. (1) paragraphs 1 and 2. (2) first and second subparagraphs of paragraph 1. (3) paragraphs 1 and 2. (4), art. 61 para. (1) paragraphs 1 and 2. (2), art. 62 para. (1) paragraphs 1 and 2. (2), art. 64 para. (1) paragraphs 1 and 2. (3) to (5) in the first subparagraph of paragraph 1. (7), art. 68 para. (1) paragraphs 1 and 2. (2), para. (3), first subparagraph, article. 69 para. (1) to (4), art. 71 para. (1) to (4), para. (5) the first, second and third subparagraphs, article. 75 para. (1) paragraphs 1 and 2. (2), para. (4), art. 77 para. (1) to (5), art. 79 para. (1) paragraphs 1 and 2. (2), para. (3) paragraph (1), art. 80 para. (1), art. 83 para. (1) paragraphs 1 and 2. (2), para. (4) to (6), art. 85 paragraph 4. (3), art. 86, art. 90 para. (1) to (5), art. 91 the first subparagraph of Directive EU/24/1970, published in the official journal of the European Union (JOUE), L series, no. 94 of 28 March 2014.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.

p. CHAMBER of DEPUTIES PRESIDENT, ILAISA SENATE PRESIDENT CALIN CONSTANTIN ANTON POPESCU-TĂRICEANU-Bucharest, May 19, 2016.
No. 98.


Anexa 1

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 │Diviziune│Grupă│Clasă│ Descriere │ Note │ │
 ├─────────┼─────┼─────┼────────────────┼────────────────────────────────────────────┼─────────────────┤
 │ 45 │ │ │Construcţii │Această diviziune include: │ 45000000 │
 │ │ │ │ │- construcţia de clădiri şi lucrări noi, │ │
 │ │ │ │ │restaurare şi reparaţii curente │ │
 ├─────────┼─────┼─────┼────────────────┼────────────────────────────────────────────┼─────────────────┤
 │ │45.1 │ │Pregătire a │ │ 45100000 │
 │ │ │ │şantierelor │ │ │

 in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.11 Demolition of this class includes: │ 45110000 │ │ │ │ │ buildings; │-demolition of buildings and other structures; │ │ │ │ │ │ │-earthwork for release; │ │ │ │ │ │ │-earthworks: excavating, │ │ │ │ │ │ │ filling, leveling the building sites of │ │ │ │ │ │ │ construction diggers removing ditches │ │ │ │ │ │ │ demolition through explosion rocks, etc.; │ │ │ │ │ │ │-│ │ operation for │ │ │ │ │ mining; │ │ │ │ │ │ │-the removal of soil and other works of │ │ │ │ │ │ │ development and preparation of land and │ │ │ │ │ │ │ for mining. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-drainage for construction; │ │ │ │ │ │ │-│ draining agricultural lands and │ │ │ │ │ │ forest. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ │ │ ┤ 45.12 │ │ drilling Works this class includes: 45120000 │ │ │ │ │ │ │-survey and experimental surveys, drillings │ │ │ │ │ │ │ recognition and core sampling for construction, │ │ │ │ │ │ │ as well as geophysical, geological │ │ │ │ │ │ │ or other similar studies. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-drilling wells for the extraction of crude oil │ │ │ │ │ │ │ or natural gas, see November 20; │ │ │ │ │ │ │-drilling water wells, see │ │ │ │ │ │ │ 45.25; │ │ │ │ │ │ │-dug wells, see 45.25; │ │ │ │ │ │ │-prospecting crude oil deposits and │ │ │ │ │ │ │ as well as natural gas, geophysical, │ │ │ │ │ │ │ geological and seismic, see 74.20. │ │
 ├─────────┼─────┼─────┼────────────────┼────────────────────────────────────────────┼─────────────────┤
 │ │45.2 │ │Lucrări de │ │ 45200000 │
 │ │ │ │construcţii │ │ │
 │ │ │ │complete sau │ │ │
 │ │ │ │parţiale; │ │ │ │ │ │ │ │ │ Genius papers │ │ │ │ │ │ │ │ civil in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.21 General this class includes: 45210000 │ │ │ │ │ │ │-construction construction of buildings of all types except: │ │ │ │ │ │ │ and buildings and civil engineering; │ 45213316 │ │ │ │ │ │ works-bridges, including those intended to support │ 45220000 │ │ │ │ │ │ isolations road viaducts, tunnels, suspended and │ 45231000 │ │ │ │ │ │ subways; │ 45232000 │ │ │ │ │ │-piping, communications lines and lines │ │ │ │ │ │ │ for long-distance transport; │ │ │ │ │ │ │-piping, communications lines and lines │ │ │ │ │ │ │ urban electric networks; │ │ │ │ │ │ │-related urban development works; │ │ │ │ │ │ │-Assembly and installation construction │ │ │ │ │ │ │ prefab on building sites. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-│ services │ concerning extraction │ │ │ │ │ crude oil and natural gas, see │ │ │ │ │ │ │ November 20; │ │ │ │ │ │ │-│ contact us │ │ full papers │ │ │ │ precast elements of other materials │ │ │ │ │ │ │ than concrete, manufactured by unit │ │ │ │ │ │ │ running works, see divisions │ │ │ │ │ │ │ 20, 26 and 28; │ │ │ │ │ │ │-construction works other than │ │ │ │ │ │ │ buildings, for stadiums, swimming pools, gyms │ │ │ │ │ │ │ sport, tennis courts, │ │ │ │ │ │ │ golf and other sports installations, see │ │ │ │ │ │ │ 45.23; │ │ │ │ │ │ │-│ construction, installation │ │ │ │ │ │ see 28.1; │ │ │ │ │ │ │-finishing works, see 45.4; │ │ │ │ │ │ │-architecture and engineering, │ │ │ │ │ │ │ see 74.20; │ │ │ │ │ │ │-managing construction projects, │ │ │ │ │ │ │ see 74.20. │ │
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Notă



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*1) Regulamentul (CEE) nr. 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).

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 │ NACE Rev. 1*1) │ │
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 │ SECŢIUNEA F │ CONSTRUCŢII │ │
 ├─────────┬─────┬─────┼────────────────┬────────────────────────────────────────────┤ │
 │Diviziune│Grupă│Clasă│ Descriere │ Note │ │
 ├─────────┼─────┼─────┼────────────────┼────────────────────────────────────────────┼─────────────────┤
 │ │ │45.22│Ridicarea de │Această clasă include: │ 45261000 │
 │ │ │ │şarpante şi │- ridicarea de şarpante; │ │

 │ │ │ │ │-fitting roof roofs; │ │ │ │ │ │ │-waterproofing works. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.23 Construction of this class includes: DA03 │ │ │ 45212212 and │ │ │ │-highways, construction of highways, roads, │ 45230000 │ │ │ │ │ │ roads, roadworks, other routes for vehicles and │ │ │ except │ │ │ │ aerodromes and are pedestrians; │ 45231000 │ │ │ │ │ │ complex-construction of railways; │ 45232000 │ │ │ │ │ │-sports construction of runways │ 45234115 │ │ │ │ │ │ landing take-off; │ │ │ │ │ │ │-construction works other than │ │ │ │ │ │ │ buildings, for stadiums, swimming pools, gyms │ │ │ │ │ │ │ sport, tennis courts, │ │ │ │ │ │ │ golf and other sports facilities; │ │ │ │ │ │ │-Marking paint surfaces by road │ │ │ │ │ │ │ and parking spaces. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-preliminary earthworks, see │ │ │ │ │ │ │ 45.11. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.24 Works this class includes construction of: │ 45240000 │ │ │ │ │ │ hydro-waterway, ports, river works, │ │ │ │ │ │ │ marinas (marinaş), locks, etc. │ │ │ │ │ │ │-dams and dykes; │ │
 │ │ │ │ │- dragare; │ │ │ │ │ │ │-underwater works. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ 45.25 other works of this class includes: │ │ 45250000 │ │ │ │ │ │-building construction activities specialising │ 45262000 │ │ │ │ │ │ works involving involves a joint appearance for longer │ │ │ │ │ │ │ many special types of work requiring │ │ │ │ │ │ │ skills or specialized equipment; │ │ │ │ │ │ │-│ │ foundations including │ │ │ │ │ installing pilots; │ │ │ │ │ │ │-drilling and the construction of water wells, │ │ │ │ │ │ │ digging wells; │ │ │ │ │ │ │-erecting steel structure elements │ │ │ │ │ │ │ not manufactured by unit │ │ │ │ │ │ │ performs the work; │ │ │ │ │ │ │-bending steel structures; │ │ │ │ │ │ │-works building with brick or stone; │ │ │ │ │ │ │-Assembly and disassembly of scaffolds and │ │ │ │ │ │ │ work platforms or │ │ │ │ │ │ │ rented; │ │ │ │ │ │ │-construction of chimneys and │ │ │ │ │ │ │ industrial furnaces. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-renting of scaffolds without mounting and │ │ │ │ │ │ │ dismantling, see 71.32. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ │ │ ┤ 28.1 │ │ │ 45300000 papers │ │ │ │ │ │ │ │ installations in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.31 installation works of this class includes: │ 45213316 │ │ │ │ │ │-installation installation in buildings or other │ 45310000 │ │ │ │ │ │ electrical construction projects, with the exception of the following: │ │ │ │ │ │ │ elements : │ │ 45316000 │ │ │ │ │-electrical connections and wiring; │ │ │ │ │ │ │-telecommunications systems; │ │ │ │ │ │ │-electrical heater; │ │ │ │ │ │ │-antennas for residential buildings; │ │ │ │ │ │ │-fire alarm systems; │ │ │ │ │ │ │-burglar alarm systems; │ │ │ │ │ │ │-elevators and escalators; │ │ │ │ │ │ │-lightning conductors, etc. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.32 works of this class includes: │ 45320000 │ │ │ │ │ │-insulation installation in buildings or other │ │ │ │ │ │ │ construction projects, wall cladding │ │ │ │ │ │ │ thermal, acoustic or vibration. ││ ││ │ │ │ This class comprises: │ │ │ │ │ │ │-waterproofing works see │ │ │ │ │ │ │ 45.22. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.33 plumbing Installations this class includes: │ 45330000 │ │ │ │ │ │-installation in buildings or other │ │ │ │ │ │ │ construction projects, the following │ │ │ │ │ │ │ │ │ │: │ │ │ │-plumbing and sanitary equipment; │ │ │ │ │ │ │-gas distribution equipment; │ │ │ │ │ │ │-heating equipments and pipework, │ │ │ │ │ │ │ ventilation, refrigeration or │ │ │ │ │ │ │ air-conditioning; │ │ │ │ │ │ │-firefighting installations with │ │ │ │ │ │ │ sprinklers. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-│ electrical systems installation │ │ │ │ │ │ heating, see 45.31 installation. │ │

 └─────────┴─────┴─────┴────────────────┴────────────────────────────────────────────┴─────────────────┘

Notă



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*1) Regulamentul (CEE) nr. 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).

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ * 8 * ┌ Font ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ NACE Rev. 1 * 1) │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ │ ┤ CPV Code SECTION F │ │ │ CONSTRUCTION in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ package ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ package ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ Division Group Class Description │ │ │ │ Notes in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ 45.34 other works of this class includes: │ │ 45234115 │ │ │ │ │ │-installation installation of the lighting and │ 45316000 │ │ │ │ │ │ signage for roads railroads, │ 45340000 │ │ │ │ │ │ airports and ports; │ │ │ │ │ │ │-installation in buildings or other │ │ │ │ │ │ │ construction projects, installations and │ │ │ │ │ │ │ equipment n.e.c. │ │ │ │ │ │ │ part. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ │ │ ┤ 45.4 │ │ │ 45400000 papers │ │ │ │ │ │ │ │ finishing in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.41 plastering Rendering this class includes: │ 45410000 │ │ │ │ │ │-application in buildings or other projects │ │ │ │ │ │ │ construction, plaster and stucco │ │ │ │ │ │ │ structures or interior trims and │ │ │ │ │ │ │ exterior including materials │ │ │ │ │ │ │ făţuire. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.42 Joinery and this class includes: 45420000 │ │ │ │ │ │ │ carpentry-installing doors, Windows, heels and │ │ │ │ │ │ │ frames for doors and Windows, kitchens │ │ │ │ │ │ │ equipped, ladders, equipment for shops │ │ │ │ │ │ │ and similar equipment, from wood or │ │ │ │ │ │ │ other materials which are not manufactured by │ │ │ │ │ │ │ unit that performs the work; │ │ │ │ │ │ │-home furnishings, such as ceilings, │ │ │ │ │ │ │ wood paneling, partitions, movable ││ │ │ │ │ │ etc. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-covering with parquet or other flooring │ │ │ │ │ │ │ wood, see 45.43 floor. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.43 Floor Covering this class includes: 45430000 │ │ │ │ │ │ │-floor coverings and installation in buildings or other │ │ │ │ │ │ │ wall construction projects, the following │ │ │ │ │ │ │ │ │ │: │ │ │ │-ceramic tiles, concrete or stone for │ │ │ │ │ │ │ walls or floors; │ │ │ │ │ │ │-parquet and other wooden floors, │ │ │ │ │ │ │ carpets and linoleum; │ │ │ │ │ │ │-including of rubber or plastic; │ │ │ │ │ │ │-floor tiling materials or │ │ │ │ │ │ │ walls from terrazzo, marble, granite or │ │ │ │ │ │ │ slate; │ │
 │ │ │ │ │- tapete. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.44 Painting and this class includes: 45440000 │ │ │ │ │ │ │ mounting-Interior and exterior painting of │ │ │ │ │ │ │ glazing in buildings; │ │ │ │ │ │ │-│ construction structures dyeing │ │ │ │ │ │ civil; │ │ │ │ │ │ │-fitting glass, mirrors, etc. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-installation of Windows, see 45.42. │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ 45.45 other works of this class includes: │ │ │ 45212212 │ │ and DA04 │ │ │-finish installing swimming pools; │ 45450000 │ │ │ │ │ │-│ cleaning exterior walls you │ │ │ │ │ │ buildings with the help of steam through ││ │ │ │ │ │ blasting or other similar methods; │ │ │ │ │ │ │-other works for soloist and │ │ │ │ │ │ │ finishing of buildings not classified in another │ │ │ │ │ │ │ part. │ │ │ │ │ │ │ This class comprises: │ │ │ │ │ │ │-cleaning the inner walls │ │ │ │ │ │ │ buildings and other constructions, │ │ │ │ │ │ │ see 74.70. │ │
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 │ │ │ │ 45.5 renting │ │ 45500000 │ │ │ │ │ │ │ equipment │ │ │ │ │ │ │ │ construction or │ │ │ │ │ │ │ with demolition │ │ │ │ │ │ │ operator in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ to ─ you ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ │ │ 45.50 renting this class comprises: │ 45500000 │ │ │ │ │ │ equipment-renting of machinery and equipment │ │ │ │ │ │ │ construction or construction or demolition without operator │ │ │ │, │ │ │ demolition with see 71.32. │ │
 │ │ │ │operator │ │ │
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Notă



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*1) Regulamentul (CEE) nr. 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).

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Anexa 2

*Font 8*
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 │ Cod CPV │ Descriere │
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 │75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [health care Services │ services │ │-providing personal info]; 79624000-4 [insurance services of social and related services │ │ │ personal health care] and 79625000-1 [insurance services │ │ │ medical staff] from 85000000-9 to 85323000-9; │ │ │ 98133100-5, 98133000-4; 98200000-5; 98500000-8 [private homes with personal ││ │ employee] 98513000-2-98514000-9 [labor service │ │ │ for private personal services agencies for │ │ │ private personnel Services Office for individuals, │ │ │ temporary staff services for private Services │ │ │ home and domestic Services] │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 85321000-5 and 85322000-2 , 75000000-6 [administrative services administrative Services │ │ │ social, public, defense and social security], 75121000-0, educational services │ services │ │ 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from health services │ │ │ 80000000-4 Educational Services and vocational training │ │ │ the cultural 80660000-8; from 92000000-1 to 92700000-8 │ │ │ 79950000-8 [services for the Organization of exhibitions, fairs and congresses │ │ │], 79951000-5 [services for the Organization of seminars] │ │ │ 79952000-2 [Services for events], 79952100-3 [│ services │ │ organization of cultural events], 79953000-9 [│ services │ │ organizing festivals], 79954000-6 [organizing Services │ │ │ parties], 79955000-3 [services for the Organization of presentations of │ │ │ fashion] , 79956000-0 [services for the Organization of fairs and exhibitions] │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ 75300000-9 │ services │ │ │ insurance mandatory * 1) │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, │ benefits │ services │ 75314000-0, 75320000-5, 75330000-8, 75340000-1 │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 98000000-3; 98120000-0; 98132000-7; 98133110-8 and 98130000-3 │ Other community services │ │ │ social and personal, including │ │ │ services │ organizations │ │ │ organizations, trade unions, political, ││ young associates │ │ │ and various services provided by associative organizations │ │ │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┤ │ │ │ 98131000-0 religious Services in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ from 55100000-1 to 55410000-7; from 55521000-8 to 55521200-0 │ Hotels │ │ [55521000-8 catering at home 55521100-9 │ Services │ │ restaurants food delivery, delivery of Services 55521200-0 │ │ │ Food] │ │ │ 5552000-1 55522000-5 catering Services catering services │ │ │ for transport companies, 55523000-2 catering services │ │ │ for other companies or institutions, 55524000-9 │ services │ │ │ │ school catering │ 55510000-8 canteen Services canteen services, 55511000-5 and other services │ │ │ café with a restricted clientele, 55512000-2 │ Services │ │ management of canteens, 55523100-3 restaurant services for │ │ │ │ │ schools in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ from 79100000-5 to 79140000-7; 75231100-5; │ Legal services, to the extent that no │ │ │ are excluded under art. │ │ │ 29 para. (3) │
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 │de la 75100000-7 la 75120000-3; 75123000-4; 75125000-8 up to Other administrative services │ │ │ 75131000-3 │ │ and Government services

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 │de la 75200000-8 la 75231000-4; │ Service │ │ │ services │ community in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 75231210-9 up to 75231230-5; 75240000-0 up to 75252000-7; │ Services │ │ 794300000-7 prison; 98113100-9 │ public safety and rescue │ │ │ insofar not │ │ │ are excluded pursuant to article 14. 29 │
 │ │alin. (1) (a). h) │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 79700000-1 79721000-4 from the [investigative Services and investigative Services │ and ││ safety, Safety Services, monitoring services │ │ │ safety alarm systems, security guard services, surveillance, │ Services │ │ localization services, localization services to transfugilor, │ │ │ patrol Services, issuing badges │ │ │ identification Investigation services and agency services for │ │ │ detectives] 79722000-1 [painting service], 79723000-8 [│ Services │ │ waste analysis] │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 98900000-2 [services provided by organizations and bodies │ International │ Services │ extraterritorial] and 98910000-5 [specific services │ organizations │ │ and international organizations] │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 64000000-6 [postal and Telecommunication Services] 64100000-7 │ │ │ postal services [postal services and Courier] , 64110000-0 [postal service] │ │ │ 64111000-7 [the postal service for distribution of newspapers and periodicals │ │ │], 64112000-4 [the postal service to distribute mail │ │ │], 64113000-1 [postal delivery Services │ │ │ packages], 64114000-8 [service counters of post offices] │ │ │ 64115000-5 [mailbox rentals], 64116000-2 [│ Services │ │ outstanding post], 64122000-7 [courier services and messaging │ │ │ current national offices] │ │ in ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ please ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ │ ┤ 50116510-9 [tyres fit only for retreading services] , 71550000-8 [Services │ service │ │ hardware] │ │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┴ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ * 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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