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Law No. 100 Of 19 May 2016 Regarding Concessions Of Works And Services Concessions

Original Language Title: LEGE nr. 100 din 19 mai 2016 privind concesiunile de lucrări şi concesiunile de servicii

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LEGE no. 100 100 of 19 May 2016 on works concessions and service concessions
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 392 392 of 23 May 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Section 1 Object. Purpose. Principles + Article 1 This law regulates the award of works concession contracts and service concession contracts, the legal regime applicable to these contracts, as well as certain specific aspects in relation to their execution. + Article 2 (1) The purpose of the present law is: a) promoting competition between economic operators; b) the use of resources under conditions of efficiency, economy and effectiveness; c) ensuring the integrity of the procedure for the award of works concession contracts and service concession; d) to provide the legal framework for the award of works concession and service concession contracts by the contracting entities. (2) The principles underlying the award of works concession and service concession contracts are: a) non-discrimination; b) equal treatment; c) mutual recognition; d) transparency; e) proportionality; f) assumption of responsibility. + Article 3 This law is without prejudice to the responsibility of central, county and local authorities to decide the best way to manage the execution of works or the provision of services, in order to ensure a high level of quality, safety and accessibility, equal treatment and the promotion of universal access to public services, as well as the rights of users with regard to them, in accordance with the applicable legal provisions. + Article 4 This law does not apply to services of general interest without economic character. + Section 2 Definitions + Article 5 (1) For the application of this law, the following terms and expressions signify as follows: a) goods accessories to works and services covered by the concession contract-the goods which are made available to the concessionaire by the contracting entities, provided that they are necessary for the execution of the works or service delivery; b) candidate-any economic operator who has submitted a request for participation or who has been invited to participate in a concession award procedure; c) the total turnover of the concessionaire-turnover generated by the concessionaire for the entire duration of the concession contract, excluding VAT; d) concessionaire-economic operator to whom a concession was assigned; e) concessions-works concession or service concession contracts; f) construction-the result of an assembly of building works of buildings or of civil engineering, which can perform by itself an economic or technical function; g) works concession contract-contract for consideration, assimilated according to the law of the administrative act, concluded in writing, whereby one or more contracting entities entrust the execution of works to one or more operators economic, in which the consideration for the works is represented either exclusively by the right to exploit the result of the works covered by the contract or by this right accompanied by a payment; h) contract of concession of services-contract for consideration, assimilated according to the law of the administrative act, concluded in writing, whereby one or more contracting entities entrust the provision and management of services, other than execution of works provided for in lit. g), to one or more economic operators, in which the consideration for services is represented either exclusively by the right to exploit the services covered by the contract or by this right accompanied by a payment; i) long-term contract-the concession contract concluded for a period of at least 5 years, which includes the duration of execution of works or construction, if it has a component consisting in the execution of works or a construction, such as and the duration of provision of services, established in such a way that the contractor makes a reasonable profit; j) the costs of investments made-the costs of making investments that are required for the entire duration of the concession (which include, as the case may be, the costs involved in changing the existing structures) k) costs in connection with the operation of works or services-costs of operation and maintenance of works or services, costs incurred by the concessionaire during the contract; l) CPV-the reference nomenclature in the field of public procurement, adopted by Commission Implementing Regulation (EU) No 2.195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV); m) document of the concession-the concession notice, the award documentation, as well as any additional document issued by the contracting entity or to which it refers to describe or establish the elements of the concession or the the award procedure; n) award documentation-the concession document containing the requirements, criteria, rules and other information necessary to ensure to economic operators a complete, correct and explicit information on the requirements of the entity contracting or the elements of the concession, the object of the contract and the manner of the award procedure, including the technical specifications or the descriptive document, the proposed contractual conditions, the formats and the presentation of the documents by candidates/tenderers, information on general obligations applicable to candidates/tenderers, the substantiation study; o) exclusive rights-rights granted by a competent authority by any legislative act or administrative act whose effect consists in limiting the exercise of a relevant activity, of those set out in Annex no. 2, to a single entity and affecting the ability of other entities to carry out such an activity; p) special rights-rights granted by a competent authority by any legislative act or administrative act whose effect consists in limiting the exercise of a relevant activity, of those set out in Annex no. 2 2, to two or more entities and which substantially affect the ability of other entities to carry out such an activity; q) the execution of works-represents either exclusively the execution, or both the design and the execution of works in connection with one of the activities provided for in Annex no. 1 1, either exclusively the execution, or both the design and the execution of a construction or the realization by any means of a construction that corresponds to the requirements established by the contracting entity that exert a determining influence on the type or construction design; r) financial closure-the moment at which the concessionaire concluded the financing contracts with the financing institutions, in order to obtain the financial resources necessary to achieve the concession; s) public undertaking-legal person carrying out economic activities and on which it is exercised directly or indirectly, as a result of property rights, financial holdings or specific rules provided for in the act of the establishment of that undertaking, the dominant influence of a contracting authority within the meaning of Article 9; the presumption of exercising the dominant influence shall apply in any situation in which, in relation to such person, one or more contracting authorities within the meaning of art. 9 are, directly or indirectly, in at least one of the following cases: hold the majority of the subscribed capital, hold control of the majority of the votes associated with the shares issued by the undertaking or may appoint to the composition of the of the management or supervisory body of more than half of its members; t) civil engineering works-construction works mentioned within the classes 45.21, 45.23, 45.24 and 45.25 of Annex no. 1 1, except those having as their object the construction of buildings; u) electronic means-electronic processing equipment, including digital compression and storage of data emitted, transmitted and received by cable, radio, optical means or by other electromagnetic means; v) tenderer-any economic operator who has submitted an offer in the course of an award procedure; w) offer-the legal act by which the economic operator manifests his will to engage legally in a concession contract consisting of financial proposal and technical proposal and which, together with the corresponding provisions of the award documentation, includes the conditions under which the concession contract is concluded; x) economic operator-any natural or legal person, public or private law, or group or association, including temporary, of such persons, who offer on the market, in a lawful manner, the execution of works and/or a construction, the supply of goods or services; y) bodies governed by public law-any entities other than those referred to in art. 9 lit. a), which cumulatively meet the following conditions: are established to meet needs of general interest, non-commercial or industrial, regardless of the form of constitution or organization, have legal personality and are financed, in the majority, by the authorities referred to in art. 9 lit. a) or by other bodies of public law or are subordinated, under the authority or in coordination or control of an authority provided for in art. 9 lit. a) or of another body of public law or more than half of the members of the board of directors or of the management or supervisory body are appointed by an authority referred to in art. 9 lit. a) or by another body governed by public law; z) persons with decision-making positions-the head of the contracting entity, members of the decision-making bodies of the contracting entity related to the award procedure, and any other persons within the contracting entity who may influence the content of the concession documents and/or the award procedure; a) written (a) or in writing-any set of words or figures which may be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means; bb) services of general interest without economic character-services provided without consideration, such as those constituting the traditional prerogatives of the state, namely the police, judiciary and compulsory social security systems, as well as other services which may qualify as non-economic, according to the criteria of the case-law of the Court of Justice of the European cc) Electronic public procurement system-SEAP-designates the public utility computer system, accessible via the internet, to a dedicated address, used for the purpose of electronic application of the procedures for the award of contracts concession; dd) request for participation-request submitted by the economic operator together with the necessary documents in order to meet the qualification requirements at the first stage in a competitive dialogue procedure; ee) technical specifications-requirements, prescriptions, characteristics of a technical nature which allow each service or work to be described, objectively, in a manner corresponding to the fulfilment of the need for the contracting entity; ff) Member State-any Member State of the European Union or of the European Economic Area; gg) subcontractor-any economic operator who is not part of a concession contract and who performs and/or provides certain parts or elements of works or construction and/or provides certain services that represent activities that are part of the object of the concession contract, responding to the contractor for the organization and development of all necessary steps for this purpose; h) tariff of use-tariff paid directly by the end users for the service provided by the concessionaire; TFEU-Treaty on the Functioning of the European Union; jj) treaties-Treaty on European Union and Treaty on the Functioning of the European Union; kk) days-calendar days, except in cases where it is expressly provided that there are working days. (2) The terms provided for in this Law shall be calculated according to the following rules: a) in the calculation of a term expressed in days, months or years from a given event or act or action, the date on which that event occurs, act or action shall not be taken into account; b) with the proper application of the provisions of lit. a) and d), the term expressed in days begins to run at the beginning of the first hour of the first day of the term and ends on the expiry of the last hour of the last day of c) with the proper application of the provisions of subparagraph a) and d), the term expressed in months or years begins to run at the beginning of the first hour of the first day of the term and ends on the expiry of the last hour of the day representing the day of the last month or year corresponding to the day in which it began the time limit; if, in the case of the term expressed in months or years, the time limit does not exist within the month in which the time limit has begun, the deadline shall end at the end of the last hour of the last day of that month; d) if the last day of a term expressed in days, months or years is a public holiday, Sunday or Saturday, the deadline ends at the expiration of the last hour of the next working day; e) the calculation of a term expressed in working days shall apply accordingly to the provisions of point a), b) and d), with the distinction that non-working days within the term are not taken into account. + Section 3 Scope of application § § 1. Operating risk + Article 6 (1) The award of a work or service concession always involves the transfer to the concessionaire of a significant part of the operating risk of an economic nature, in connection with the operation of the respective works and/or services. (2) A significant part of the operating risk is considered to have been transferred when the estimated potential loss incurred by the concessionaire is not negligible. (3) The operating risk is the risk that cumulatively meets the following conditions: a) is generated by events that are not under the control of the parties to the concession contract; b) involve exposure to market fluctuations; c) as an effect of assuming the operating risk, the concessionaire is not guaranteed, under normal operating conditions, the recovery of the costs of the investments made and the costs in connection with the operation of the works or services. (4) For the purposes of paragraph (3), the operating risk may consist of: a) either the risk of demand-the risk of actual demand for works or services covered by the works or services concession; b) either the risk of supply-the risk related to the provision of works or services covered by the works concession or the service concession, in particular the risk that the provision of the services will not meet the demand. The offer risk can be divided into the construction risk and operational risk related to the availability of services when the construction and operation constitute the two major phases of the concession project; c) either both risks, of supply and of supply. + Article 7 (1) In any situation in which a contracting entity intends to carry out a project by awarding a long-term contract, comprising either the execution of works and the operation of the result of the works, or the provision, management and the operation of services, the contracting entity has the obligation to develop a substantiation study demonstrating the need and the opportunity to carry out the project in this way. (2) Provisions of para. ((1) also applies if the long-term project involves the creation of a company having as its shareholders the economic operator, on the one hand, and the contracting entity, on the other. (3) The substantiation study provided in par. ((1) is based on a feasibility study in the case of projects involving the execution of works. (4) By decision, the Government may determine, as the case may be, that the foundation study provided in par. (1) be considered and approved by a competent authority, in consideration of the public interest of the project. + Article 8 (1) By the foundation study provided for in art. 7 7 para. ((1) the contracting entity shall consider whether the award of the contract involves the transfer of a significant part of the operating risk to the economic operator. (2) If, as a result of the analysis provided in par. ((1), the contracting entity finds that a significant part of the operating risk, as defined in art. 6, will be transferred to the economic operator, the contract will be considered a concession contract, and the provisions of this law will apply. (3) If, as a result of the analysis provided in par. ((1), the contracting entity finds that a significant part of the operating risk, as defined in art. 6, will not be transferred to the economic operator, the respective contract will be considered a public procurement contract or sectoral contract, as the case may be. § § 2. Contracting entities + Article 9 Have the status of contracting authorities, for the purposes of this law a) central or local authorities and public institutions; b) bodies governed by public law; c) the associations comprising at least one contracting authority among those referred to in lett. a) or b). + Article 10 (1) They have the status of contracting entities, for the purposes of this law, the following entities, provided they exercise one of the activities provided for in Annex no. 2 2 and to award a concession contract for the exercise of one of those activities: a) the contracting authorities; b) public undertakings; c) any subjects of law other than those referred to in lett. a) and b), which operate on the basis of exclusive or special rights granted for the exercise of one of the activities set out in Annex no. 2. (2) By exception, they do not constitute exclusive or special rights, within the meaning of art 5 5 para. ((1) lit. o) and p), the rights granted by procedures in which adequate publicity was provided and in which the granting of those rights was based on objective criteria such as: a) award procedures with the publication of a notice of participation/prior invitation to a competitive tendering procedure, provided for in the law on public procurement, the law on sectoral procurement or in Government Emergency Ordinance no. 114/2011 on the award of certain public contracts in the fields of defence and security, approved with amendments and additions by Law no. 195/2012 ,, or in the present law; b) procedures ensuring an adequate level of prior transparency for the granting of authorisations on the basis of objective criteria laid down by Law on electricity and natural gas no. 123/2012 , as amended and supplemented, Government Emergency Ordinance no. 13/2013 on postal services, approved with amendments and additions by Law no. 187/2013 , Oil Law No. 238/2004 , as amended and supplemented, or Commission Implementing Regulation (EU) No 1.370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger rail and road transport services and repealing Regulations (EEC) No 1.191/69 and No. 1.107/70 of the Council c) any other procedures organised on the basis of objective criteria ensuring an adequate level of prior transparency and for which appropriate publicity has been ensured. § § 3. Value threshold and calculation of the estimated value of the works concession or service concession + Article 11 (1) The award procedures provided for by this law shall apply to works concessions or service concessions whose value, without VAT, is equal to or greater than the value threshold of 23,227,215 lei. (2) Works concessions or service concessions whose value is less than the value threshold provided in par. (1) shall be assigned, in compliance with the general principles provided in art. 2 2 para. (2), under the conditions and according to the procedures regulated by the methodological norms for the application of the provisions of + Article 12 (1) The value of a works concession or service concession is the total turnover of the concessionaire generated during the contract, excluding VAT, in exchange for the works and services covered by the concession, as well as for goods accessories to these works and services. (. The value of a concession of works or of a service concession shall be estimated by the contracting entity prior to the initiation of the award procedure and shall be valid at the time of initiation of the award procedure by submitting to publication of the concession notice or the notice of intent in the case of the concession of social services or other specific services, set out in Annex no. 3. (3) For the purposes of paragraph 1 ((1), where the value of the concession of works or the concession of services at the time the concession contract is awarded is more than 20% higher than its estimated value at the time of the initiation of the award procedure, it shall be considered as the valid estimate is the one resulting from the award of the concession contract. + Article 13 (. The contracting entity shall calculate the estimated value of the works concession or the service concession using an objective method to be specified in the award documentation by reference, in particular, to the following: a) the value of any form of option or extension of the duration of the works concession or the service concession; b) the income from the payment of fees and fines by the users of the works/services, other than those collected on behalf of the contracting entity; c) payments or any financial advantages, in any form, made by the contracting entity or by any other public entity in favour of the concessionaire, including compensation for compliance with the public service obligation and subsidies public investment; d) the value of grants or any financial advantages, in any form, received from third parties for the execution of works concession or service concession; e) the income from the sale of any assets that are part of the works concession or the service concession, in compliance with the legal provisions regarding the legal regime of public property; f) the value of all goods and services which are made available to the concessionaire by the contracting entities, provided that they are necessary for the execution of the works or provision of the services g) any prize or payment granted to candidates/tenderers. (2) The contracting entity does not have the right to use a certain method of calculating the estimated value of a concession of works or a service concession in order to avoid the application of the award procedures provided by this law. (3) The contracting entity has no right to divide a concession of works or a concession of services, so that it has the effect of not applying the procedures provided for by this law, except for justified situations of objective reasons. + Article 14 (1) Where an expected construction or service may result in the award of concession contracts on separate lots, the estimated value of the works concession or the service concession shall be determined by taking into account the estimated global value of all lots. ((2) If the estimated global value of all lots is equal to or greater than the value threshold provided for in art. 11 11 para. ((1), the award procedures provided for by this law shall apply for the award of each lot. § § Four. Revision of the value threshold + Article 15 (1) The value threshold provided for in art. 11 11 para. ((1) shall be reviewed by the European Commission according to the appropriate rules and procedures provided for in art. 9 9 of Directive 2014 /23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. ((2) From the date of entry into force of any value threshold reviewed by the European Commission according to the appropriate rules and procedures provided for in art. 9 9 of Directive 2014 /23/EU of the European Parliament and of the Council, the threshold laid down in art. 11 11 para. (1) or any previously revised threshold is replaced by the threshold thus revised, and any reference or reference in the present law to the threshold provided for in art. 11 11 para. ((1) is understood as reference or reference to the corresponding threshold thus revised. (3) The National Agency for Public Procurement, hereinafter referred to as ANAP, publishes on its own website the value threshold established by the European Commission according to the appropriate rules and procedures provided for in art. 9 9 of Directive 2014 /23/EU of the European Parliament and of the Council, on the date of its entry into force. + Section 4 Duration of the works concession or service concession + Article 16 (1) The duration of concession contracts is limited in order to avoid distortions of competition. The contracting entity estimates the duration of the concession on the basis of the works or services (2) For works concessions or service concessions the estimated duration of which is more than 5 years, the maximum duration of the concession may not exceed the time reasonably estimated by the concessionaire to obtain a minimum income to allow the recovery of the costs of the investments made, the costs in connection with the operation of works or services, and a reasonable profit. + Section 5-a Rules for the award of mixed contracts § § 1. Mixed contracts + Article 17 (1) Contracts having as object both the concession of works and the concession of services shall be awarded in accordance with the provisions of this applicable law for the type of concession that characterize the main purpose of the contract. ((. In the case of mixed concessions having as their object both social services or other specific services, set out in Annex no. 3, as well as other services, the main purpose of the contract is determined according to the highest of the estimated values of the respective services. + Article 18 (1) In the case of mixed contracts which have as their object both elements for which the provisions of this law apply, and other elements for which the provisions of other normative acts apply, and the different parts of the contract are objectively separable, the contracting entity has the right to choose between awarding separate contracts for the separate parts and to assign a single contract. (2) If, according to the provisions of par. ((1), the contracting entity chooses to award separate contracts for the separate parts, the legal regime and the normative act that apply to the award of each of these distinct contracts are those determined according to the characteristics of each party contemplated. (3) If, according to the provisions of par. ((1), the contracting entity shall choose to award a single contract, unless the provisions of paragraph 1 are applicable. ((4) or of art. 19, the award of the mixed contract is carried out according to the provisions of this law, regardless of the value of the parties that, if contained in separate contracts, would be subject to a different legal regime and regardless of the normative act that would apply to those parties (4) In the case of mixed contracts which have as their object both elements of concessions and elements of public procurement, within the meaning of the law on public procurement, or sector acquisition, within the meaning of the law on sectoral procurement, the mixed contract is awarded in accordance with the provisions of the law on public procurement, namely the law on sectoral procurement. (5) In the case of mixed contracts which have as their object both elements for which the provisions of this law apply, and other elements for which the provisions of other normative acts apply, and the different parts of the contract are not objectively The contract is awarded according to the normative act applicable to the main object of the contract. (6) For the purposes of paragraph ((5), if the mixed contract involves both elements of a service concession and elements of a product supply contract, the main object shall be determined according to the highest estimated value of the services or those goods. § § 2. Mixed contracts involving defence or security issues + Article 19 (1) In the case of mixed contracts which have as their object both elements of a concession of works or of a service concession for which the provisions of this law apply, as well as acquisitions or other elements for which the provisions apply Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, or other normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, and the various parts of a given mixed contract are objectively separable, the contracting entity has the right to choose between the award of separate contracts for the separate parties and to award a single contract. (2) If, according to the provisions of par. ((1), the contracting entity chooses to award separate contracts for the separate parts, the legal regime and the normative act that apply to the award of each of these distinct contracts are those determined according to the characteristics of each party contemplated. (3) If, according to the provisions of par. ((1), the contracting entity chooses to award a single contract, for the establishment of the legal regime and the normative act applicable to the award of that contract, the following criteria shall apply, provided that the award of a single contract is justified by objective reasons: a) when a part of the contract is subject to normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , the contract may be awarded without the provisions of this law; b) where part of the contract is subject to the provisions of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , the contract may be awarded either in accordance with the provisions of this law or with the provisions Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . ((. Where, in connection with a given contract, the provisions of paragraph 1 are applicable. ((3) lit. a), as well as those of par. ((3) lit. b), the provisions of par. ((3) lit. a). (5) The decision to award a single contract cannot be taken by the contracting entity for the purpose of exempting certain contracts from the application of the provisions of this law or of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . (6) In the case of mixed contracts which have as their object both elements of a concession for which the provisions of this law apply, as well as acquisitions or other elements for which the provisions apply Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, or other normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 ,, and the different parts of a particular mixed contract are not objectively separable: a) the contract may be awarded without the application of this law, if the contract includes elements in relation to the situations provided in art. 346 346 of the TFEU; or, failing that, b) the contract may be awarded in accordance with the provisions of this Law or Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . § § 3. Works concessions or service concessions covering both the activities set out in Annex no. 2 2, as well as other activities + Article 20 (1) By exception to the provisions of art. 18, in the case of contracts covering both activities set out in Annex no. 2 2, as well as other activities, contracting entities have the right to choose between awarding separate contracts for separate parties and to assign a single contract. (2) If, according to the provisions of par. ((1), contracting entities choose to award separate contracts, the legal regime and the normative act applicable to the award of each of these contracts are those determined by the characteristics of each activity envisaged. (3) If, according to the provisions of par. (1), contracting entities choose to award a single contract, the provisions of art. 21. By exception, if one of the activities involves aspects related to defense and security, the provisions of art. 22 22 and art. 23. (4) The decision to award a single contract or several separate contracts cannot be taken by the contracting entity for the purpose of exempting the award of a contract or contracts from the application of the provisions of this law, of the law on public procurement or the law on sector procurement. + Article 21 ((. In the case of contracts covering several activities set out in Annex no. 2, as well as other activities, the legal regime and the applicable normative act shall be established according to the main activity. ((. In the case of contracts for which it is objectively impossible to establish the main activity, the applicable legal regime and the applicable regulatory act shall be established by applying the following criteria: a) if one of the activities is subject to the provisions of this law applicable to the contracting authorities and the other is subject to those applicable to the contracting entities, the contract shall be awarded contracting authorities; b) if one of the activities is subject to the present law, and the other activity is subject to the law on public procurement, the contract is awarded according to the provisions of the c) if one of the activities is subject to this law, and the other activity is not covered by the present law, the law on public procurement or the law on sectoral procurement, the contract is awarded according to the provisions this law. § § Four. Works concessions or service concessions covering both activities set out in Annex no. 2 2, as well as activities involving defence or security aspects + Article 22 (1) By exception to the provisions of art. 19, in the case of contracts aimed at both activities set out in Annex no. 2 2, as well as activities involving defence or security aspects, contracting entities shall have the right to choose between the award of separate contracts for separate parties and to award a single contract. (2) If, according to the provisions of par. ((1), contracting entities choose to award separate contracts, the legal regime and the normative act applicable to the award of each of these contracts are those determined by the characteristics of each activity envisaged. (3) If, according to the provisions of par. (1), contracting entities choose to award a single contract, the provisions of art. 23, provided that the award of a single contract is justified by objective reasons. (4) The decision to award a single contract or several separate contracts cannot be taken by the contracting entity for the purpose of exempting a contract or contracts from the application of the provisions of this law or of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . + Article 23 (1) In the case of contracts aimed at an activity subject to this law and another activity subject to normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , contracts may be awarded without the provisions of this law. ((2) In the case of contracts aimed at an activity covered by this Law and another activity subject to the provisions of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , contracts may be awarded in accordance with the provisions of this Law or with the provisions Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . (3) In the case of contracts provided in par. ((2), which include purchases or other elements covered by normative acts/memoranda issued pursuant to art. 20 20 para. (3) of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 , contracts may be awarded without the provisions of this law. (4) Provisions of para. ((2) are without prejudice to the thresholds and exceptions laid down in the provisions of Government Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . + Section 6 Special situations § § 1. Social services and other specific services + Article 24 In the case of the award of a concession that has as its object social services and other specific services, set out in Annex no. 3, the obligation to apply this law is limited to the provisions of art. 63 63 para. ((2) and art. 66 66 para. ((2). § 2. Reserved concessions + Article 25 (1) The contracting entity has the right to determine that participation in the award procedure should be allowed only to the authorized protected units provided for by Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and completions, and to the social insertion undertakings provided by Law no. 219/2015 on the social economy or to establish that the execution of concession contracts is carried out in the context of protected employment programmes, provided that a percentage of at least 30% of the employees involved in these protected units authorized, social insertion enterprises or protected employment programs to be persons with disabilities or disadvantaged persons. (. Where the contracting entity decides to apply the provisions of paragraph 1. (1), this decision must be explicitly stated in the concession notice or, in the case of the concession of social services and other specific services, provided for in art. 24, in the notice of intent. § § 3. Research and development services + Article 26 This law applies to service concession contracts which have as their object the provision of research and development services covered by the CPV codes between 73000000-2 and 73120000-9, 73300000-5, 73420000-2 or 73430000-5 only if the following conditions are cumulatively fulfilled: a) the results are intended exclusively for the contracting entity for its own use in the exercise of its own activity; b) the service provided is fully remunerated by the contracting entity. + Chapter II Exemptions + Section 1 Exemptions applicable to works concessions or service concessions awarded by contracting entities + Article 27 ((. This Law shall not apply to: a) service concessions awarded to a contracting entity within the meaning of art. 10 10 para. ((1) lit. a), or an association thereof, on the basis of an exclusive right granted on the basis of legislative or administrative acts, in accordance with the principles of the TFEU; b) the service concessions awarded to an economic operator, on the basis of an exclusive right granted in accordance with the principles of the TFEU and with the legal acts of the European Union establishing common market access rules, applicable activities set out in Annex no. 2 2; c) air transport services concessions granted on the basis of an operating licence in the sense Regulation (EC) No 1.008/2008 by the European Parliament and the Council of 24 September 2008 on common rules for the operation of air services in the Community; d) concessions of public passenger transport services within the meaning of Regulation (EC) No 1.370/2007 of the European Parliament and the Council. (2) By exception to the provisions of par. ((1) lit. b) if the legal acts of the European Union establishing common market access rules applicable to the activities referred to in Annex no. 2 do not provide for transparency obligations specific to those activities, the provisions of art. 66. ((3) ANAP is required to inform the European Commission of the exclusive rights granted for the exercise of one of the activities set out in Annex no. 2, within one month of the granting of that right. + Section 2 Exemptions applicable to works concessions or service concessions organised according to international rules + Article 28 (1) This law does not apply to concession contracts that the contracting entity is obliged to award according to award procedures different from those provided for in this law, established by a legal instrument that creates obligations under public international law, concluded, in accordance with the Treaties, between Romania and one or more third countries or their subdivisions, international organizations, aimed at works, products or services intended for implementation or joint operation of a project by the signatories. (2) The contracting entities have the obligation to inform ANAP of the agreements provided in par. ((1) existing in their field of activity, concluded in accordance with the Treaties. (3) ANAP is required to communicate to the European Commission the information received according to par. ((2). ((4) This law does not apply to concession contracts which are awarded by the contracting entity in accordance with the procurement rules established by an international organisation or an international financial institution, in the case of in which the concession contracts in question are fully funded by that organisation or institution. ((5) In the case of concession contracts co-financed mostly by an international organisation or an international financial institution, the parties agree on the applicable award procedures. (6) This law does not apply to concession contracts involving national defence and security aspects and which the contracting entity assigns to an international organisation. + Section 3 Exemptions applicable to works concessions or service concessions which include defence and security aspects + Article 29 (1) The present law applies to the award of works concessions or to the concessions of services in the field of defence and security, except in the situations provided in art. 21 21 and art. 22 lit. a), c), d) and f) of Emergency Ordinance no. 114/2011 , approved with amendments and additions by Law no. 195/2012 . (2) The present law does not apply to works concessions or services concessions in the field of national defence and security, which are not exempted according to the provisions of par. (1), insofar as the protection of the essential security interests of the State cannot be guaranteed only by less invasive measures, such as the imposition of requirements in order to protect the confidential nature of the information that the contracting entity provides them in the framework of an award procedure according to the provisions of this Law. ((. This law shall not apply to concessions of works or concessions of services in the field of defence and security in relation to which at least one of the following conditions is fulfilled: a) the award and execution of the concession contract represent state secrets, in accordance with the legal provisions on the protection of classified information; b) the award and execution of the concession contract require the imposition, according to the legal provisions, of special security measures to protect some essential security interests of the state, provided that they cannot be guaranteed by less invasive measures, such as the requirements laid down in par. ((2). + Section 4 Exemptions applicable to service concession contracts + Article 30 (1) This law does not apply to service concession contracts which have as their object: a) the purchase or rental, by any financial means, of land, existing buildings, other immovable property or rights thereon; b) the purchase, development, production or co-production of materials for programs intended for audiovisual media services, assigned by media service providers, or contracts for broadcasting space or the provision of programs that are assigned media service providers; c) arbitration, mediation and other forms of alternative dispute resolution; d) any of the legal services provided in par. ((3); e) financial services in connection with the issuance, sale, purchase or transfer of securities or other financial instruments, according to the provisions of art. 4 4 para. ((1) pt. 50 50 of Regulation no. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 ,, central bank services and operations carried out with the European Financial Stability Facility and the European Stability Mechanism; f) loans, whether or not they are related to the issue, sale, purchase or transfer of securities or other financial instruments; g) civil defence, civil protection and hazard prevention services, rendered by persons without patrimonial purpose and subject to CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9 and 85143000-3, except for ambulance services for the transport of patients; h) lottery services in the sense Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling, approved with amendments and completions by Law no. 246/2010 , with subsequent amendments and completions. (2) For the purposes of paragraph ((1) lit. b): a) the notions of the audiovisual media service and the media service provider have the meanings set out in art. 1 1 section 1 1 and 12 of the Broadcasting Law no. 504/2002 , with subsequent amendments and completions; b) the concept of the programme includes programmes having the meaning art. 1 1 section 4 4 of Law no. 504/2002 , with subsequent amendments and completions, included in a television program service, as well as programs included in a service of broadcasting programs and program materials, and the notion of "material for programs" has same meaning with the program notion. (3) Legal services covered by par. ((1) lit. d) are the following: a) the representation of a client by a lawyer in the sense Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, as amended, within the framework of an arbitration or mediation procedure conducted before a national court of arbitration or mediation in Romania or in another state or in the face of an international arbitration or mediation court or in judicial proceedings before the courts or national public authorities in Romania or in another state or before the courts or institutions international; b) legal assistance and advice granted by a lawyer, anticipated or in order to prepare any of the procedures provided for in lett. a) or where there are concrete indications and a high probability that the case in relation to which legal assistance and advice is provided is subject to such procedures; c) certification and authentication services of documents that are provided by public notaries according to the legal provisions; d) legal services provided by fiduciaries or seizure-managers or other legal services provided by entities designated by a national court or which are designated according to the legal provisions to perform tasks specific under the supervision and control of courts; e) services provided by bailiffs. + Section 5-a Specific exemptions in the field of electronic communications + Article 31 (1) This law does not apply to concession contracts which are primarily intended to enable contracting authorities to provide or operate public electronic communications networks or to provide one or more services to the public. electronic communications. (. For the purposes of paragraph 1. (1), the notions of the public electronic communications network and electronic communications service have the meanings provided for in art. 4 4 para. ((1) pt. 9 and 10 of Government Emergency Ordinance no. 111/2011 on electronic communications, approved with amendments and additions by Law no. 140/2012 , with subsequent amendments and completions. + Section 6 Exemptions applicable to works concessions or service concessions awarded for carrying out a relevant activity in a third country + Article 32 This law shall not apply to works concessions or service concessions awarded by contracting entities for carrying out the relevant activities set out in Annex no. 2 in a third country, where the physical use of a network or geographical area in the European Union does not occur in the performance of those activities. + Section 7 Exemptions applicable to works concessions or service concessions awarded to an affiliated undertaking + Article 33 (. This Law shall not apply to the award of concession contracts: a) by a contracting entity to an affiliated undertaking; b) by an association of several contracting entities, formed exclusively for the purpose of carrying out an activity set out in Annex no. 2, to an undertaking affiliated to one of the contracting entities concerned. (2) Provisions of para. (1) are applicable: a) in the case of a service concession, only if at least 80% of the average total turnover in the field of services provided by the affiliated undertaking, over the last 3 years, comes from the provision of such services for the contracting entity or for other undertakings with which it is affiliated; b) in the case of a concession of works, only if at least 80% of the average total turnover in the field of works carried out by the affiliated undertaking, in the last 3 years, comes from the execution of such works for the contracting entity or for other undertakings with which it is affiliated. (3) For the purposes of paragraph ((1) and (2), the affiliated undertaking represents any legal person carrying out economic activities and entering, in accordance with the legal provisions relating to the consolidation of the accounts, within the consolidation perimeter of the contracting entity or any legal person carrying out economic activities and who is in any of the following situations: a) the contracting entity exercises, directly or indirectly, a dominant influence on it; b) exercise, directly or indirectly, a dominant influence on a contracting entity; c) together with the contracting entity is, directly or indirectly, under the dominant influence of another person carrying out economic activities, by virtue of the right of ownership, of a financial participation or of the rules that regulate activity. For the notion of "dominant influence", provisions of art. 5 5 para. ((1) lit. s) shall apply accordingly. (4) If, depending on the date on which an affiliated undertaking was established or started its business, the turnover is not available for the last 3 years, it is sufficient for the company to demonstrate that the turnover provided in par. ((2) lit. a) or b) is credible, in particular through the use of business forecasts. ((5) Where more than one undertaking affiliated to the contracting entity with which it forms an economic group provides identical or similar services or works, the percentages referred to in paragraph 1. ((2) is calculated by taking into account the total turnover resulting from the provision of services or the execution of works by those affiliated undertakings. (6) Contracting entities are required to transmit to ANAP or to the European Commission, if requested, any information on the undertakings and concession contracts for which the provisions of paragraph 1 have been considered applicable. ((1) and (3). + Section 8 Exemptions applicable to works concessions or service concessions awarded to an association of several contracting entities or to a contracting entity forming part of such an association + Article 34 (. This Law shall not apply for the award of concession contracts: a) by an association of several contracting entities, established exclusively in order to carry out an activity set out in Annex no. 2, one of the respective contracting entities; b) by a contracting entity to an association of contracting entities from which it itself is a party, established exclusively for the purpose of carrying out an activity set out in Annex no. 2. (2) Provisions of para. ((1) are only applicable if the association was established for the activity in question for a period of at least 3 years, and the legal instrument establishing the association provides that the contracting entities concerned will be part of the that association for a period of at least 3 years. (3) The contracting entities are required to transmit to ANAP or to the European Commission, if requested, any information on the concession contracts for which the provisions of par. ((1). + Section 9 Exemptions for activities that are directly exposed to competition + Article 35 This law does not apply to works concessions or service concessions awarded by contracting entities if it has been established that the activity is directly exposed to competition, in accordance with the provisions of the law on sector procurement. + Section 10 Exemptions applicable to works concessions or service concessions concluded between public sector entities + Article 36 (1) This law does not apply to concession contracts awarded by a contracting entity within the meaning of art. 10 10 para. ((1) lit. a) a legal person governed by private law or public law, where the following conditions are met, cumulatively: a) the contracting entity concerned exercises over the legal person concerned a control similar to that which it exercises over its own departments or services; b) more than 80% of the activities of the controlled legal person are carried out in order to carry out the tasks entrusted to it by the respective contracting entity which controls it or by other legal persons controlled by that contracting entity; c) there is no direct private participation in the capital of the controlled legal person, except for holdings that do not provide control or veto, but whose existence is necessary according to the legal provisions, in accordance with the treaties, and which does not exert a determining influence on the controlled legal person. (2) For the purposes of paragraph ((1) lit. a), the contracting entity within the meaning of art. 10 10 para. ((1) lit. a) exercise over a legal person a control similar to the one they exercise over their own departments or services, when exercising a determining influence both on strategic objectives and on important decisions of the the controlled legal person; such control may also be exercised by another legal person, itself controlled in the same way by that contracting entity. (3) The exception provided in par. ((1) also applies when a controlled legal person, who has the status of a contracting entity within the meaning of art. 10 10 para. ((1) lit. a), assign a concession of works or a concession of services to the contracting entity that controls it or another legal person controlled by the same contracting entity, provided that there is no direct private participation in the capital the legal person assigned to the concession of works or the concession of services, with the exception of holdings which do not give control or the right to veto, but whose existence is necessary according to the legal provisions, in accordance with treaties, and which do not exert a determining influence on the controlled legal person. (4) This law does not apply to concession contracts awarded to a legal person governed by private law or public law by a contracting entity within the meaning of art. 10 10 para. ((1) lit. a) which does not exercise over that legal person a control within the meaning of par. (1), where the following conditions are met, cumulatively: a) the contracting entity within the meaning of 10 10 para. ((1) lit. a) exercise jointly with other contracting entities on the legal person concerned a control similar to that which it exercises over its own departments or services; b) more than 80% of the activities of that legal person are carried out in order to carry out the tasks entrusted to it by the contracting entities controlling it or by other legal persons controlled by the same contracting entities; c) there is no direct private participation in the capital of the controlled legal person, except for holdings that do not provide control or veto, but whose existence is necessary according to the legal provisions, in accordance with the treaties, and which does not exert a determining influence on the controlled legal person. (5) For the purposes of paragraph ((4) lit. a) contracting entities within the meaning of 10 10 para. ((1) lit. a) jointly exercise control over a legal person if the following conditions are met, cumulatively: a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting entities, the same person having the right to represent several or all participating contracting entities; b) contracting entities are in a position to jointly exercise a decisive influence on the strategic objectives and important decisions of the controlled legal person; c) the controlled legal person does not pursue interests contrary to those of the controlling entities. (6) This law does not apply to concession contracts concluded exclusively between two or more contracting entities within the meaning of art. 10 10 para. ((1) lit. a), where the following conditions are met, cumulatively: a) the contract establishes or implements cooperation between the participating contracting entities, with the aim of ensuring that public services whose achievement must be ensured are provided for the fulfilment of common objectives; b) the implementation of the cooperation is based solely on considerations of public interest; c) the participating contracting entities shall carry out on the free market less than 20% of the activities concerned. (7) The percentages provided in par. ((1) lit. b), para. ((4) lit. b) and para. ((6) lit. c) are established on the basis of the total average turnover or an appropriate alternative indicator based on the activity carried out, such as the costs incurred by the legal person or the contracting entity within the meaning of art. 10 10 para. ((1) lit. a), as the case may be, in relation to services, products and works of the last 3 years prior to the award of the concession contract. (8) If, in the situation referred to in par. ((7), because of the date on which the legal person or the contracting entity within the meaning of 10 10 para. ((1) lit. a), as the case may be, was established or started its activity or as a result of the reorganization of its activities, turnover or other appropriate alternative indicator based on the work carried out, such as costs, is not available for the last 3 years or no longer is relevant, the percentages provided in par. ((1) lit. b), para. ((4) lit. b) and para. ((6) lit. c) can be established by using estimative methods, in particular by using business forecasts. + Chapter III Rules for participation in the award procedure + Section 1 Economic operators + Article 37 (1) Economic operators who, according to the law of the state in which they are established, have the right to perform a certain activity included in the object of the works or service concession cannot be rejected only on the grounds that, under the legislation the Member State in which the contract is awarded, shall be obliged to be natural persons or legal persons. (2) Legal persons or other entities established in another form of organization provided by law may be obliged to indicate in the framework of tenders/requests to participate the relevant professional names and qualifications of individuals responsible for the performance of the contract. + Article 38 In the execution of concession contracts, economic operators are kept to comply with the obligations applicable in the fields of environment, social and labour relations, established by the legislation adopted at European Union level, by legislation national, through collective agreements or through international treaties, conventions and agreements in these areas. + Article 39 Any economic operator shall have the right to participate in the award procedure as tenderer or candidate, individually or jointly with other economic operators, including in forms of temporary association constituted for the purpose of participating in award procedure, proposed subcontractor or third party supporter, according to the provisions of this law. + Article 40 (1) The contracting entity shall not have the right to require economic operators who participate jointly in the award procedure to adopt or constitute a certain legal form for the submission of an offer/request for participation. (2) By exception to the provisions of par. (1), the contracting entity has the right to require economic operators to whom the concession contract has been awarded to adopt or constitute a certain legal form, provided that this has been mentioned in the notice of concession and award documentation and in so far as such modification is necessary for the proper execution of the concession contract. (. The contracting entity may determine by award documentation, where necessary, how economic operators are to meet the requirements relating to the economic and financial situation or technical capacity and professional, as well as certain specific conditions for the performance of the concession contract, in the case of joint participation in the award procedure, provided that this is justified by objective and proportionate reasons. + Section 2 Privacy + Article 41 (1) Without prejudice to the other provisions of this law or to the legal provisions on free access to information of public interest or other normative acts governing the activity of the contracting authority, the contracting entity has the obligation not to disclose the information transmitted by economic operators, indicated by them as confidential, including technical or commercial secrets and the confidential elements of the tenders. (2) Provisions of para. ((1) does not affect the obligations of the contracting entity provided in 66 66 and art. 91 91 and neither the publication of the parts of the concession contracts concluded without a confidential nature, including any subsequent amendments. (. The contracting entity may impose on economic operators requirements aimed at protecting the confidential nature of the information it provides during the entire award procedure. + Section 3 Rules for avoiding conflict of interest + Article 42 During the course of the award procedure, contracting entities are required to take all necessary measures to prevent, identify and remedy situations of conflict of interest, in order to avoid distortion of competition and ensuring the transparency of the award procedure and equal treatment of all candidates and tenderers. + Article 43 For the purposes of this Law, the conflict of interest shall mean any situation in which the members of the staff of the contracting entity who are involved in the conduct of the award procedure or who may influence the outcome of the award have, indirectly, a financial, economic or other personal interest, which could be perceived as an element that compromises their impartiality or independence in the context of the award procedure. + Article 44 (1) Represents situations potentially generating conflict of interest any situations that could lead to the emergence of a conflict of interest according to the provisions of art. 43, such as the following, as exemplifying: a) participation in the verification/evaluation process of requests for participation/offers of persons holding social parts, parts of interest, shares of the subscribed capital of one of the bidders/candidates, third parties supporters or subcontractors proposed or of persons belonging to the board of directors/body of management or supervision of one of the bidders/candidates, third-party supporters or proposed subcontractors; b) participation in the verification/evaluation process of requests for participation/offers of a person who is a spouse, relative or afin up to the second degree including with persons belonging to the board of directors/governing body or supervision of one of the bidders/candidates, supporting third parties or proposed subcontractors; c) participation in the process of verification/evaluation of requests for participation/offers of a person who is found or on which there are reasonable indications that he may have, directly or indirectly, a personal, financial interest, economic or other nature or is in another situation likely to affect its independence and impartiality during the assessment process; d) the situation in which the individual bidder/bidder/candidate/proposed subcontractor/third party supporter has as members within the management board/management or supervisory body and/or has shareholders or associates significant persons who are spouse, relative or affin up to the second degree including or who are in commercial relations with persons with decision-making functions within the contracting entity; e) the situation in which the bidder/candidate has nominated among the main persons designated for the performance of the contract persons who are spouse, relative or affin up to the second degree inclusive or who are in commercial relations with persons with decision-making functions within the contracting entity. (. For the purposes of paragraph 1. ((1) lit. d), by shareholder or significant associate means the person exercising rights related to shares that, cumulated, represent at least 10% of the share capital or give the holder at least 10% of the total voting rights in general assembly. + Article 45 The successful bidder with whom the contracting entity has concluded the concession contract has no right to engage or conclude any other arrangements regarding the provision of services, directly or indirectly, for the purpose of fulfilling the contract of concession, with natural or legal persons who have been involved in the verification/evaluation process of requests for participation/tenders submitted in the framework of an award procedure or employees/former employees of the contracting entity with whom it ceased contractual relations after the award of the contract of concession, during a period of at least 12 months after the conclusion of the contract, under penalty of termination or termination of the concession contract. + Article 46 (1) If the contracting entity identifies a situation potentially generating conflict of interest according to the provisions of art. 43 43, it takes the necessary steps to determine whether that situation represents a situation of conflict of interest and presents to the candidate/bidder in that situation an exposure of the reasons that, in the opinion of the entity contracting, are likely to generate a conflict of interest. (2) In the case provided in par. ((1), the contracting entity shall require the candidate/tenderer to submit his point of view on that situation. ((. Where, following the application of the provisions of paragraph 1, (1) and (2), the contracting authority determines that there is a conflict of interest, the contracting entity will adopt the necessary measures to eliminate the circumstances that have generated the conflict of interest, having measures such as: persons responsible for the evaluation/verification of tenders/requests to participate, when their impartiality is affected, where possible, or the elimination of the bidder/candidate in relation to persons with decision-making functions of the contracting entity. + Article 47 The contracting entity has the obligation to specify in the concession documents the names of persons holding decision-making positions within the contracting entity. + Section 4 Rules applicable to communications + Article 48 ((1) Unless the use of electronic means is mandatory under the provisions of this law, any communication, solicitation, information, notification and the like shall be transmitted by one of the following means of Communication: a) electronic means; b) post or fax; c) verbal communication, including telephone; d) direct delivery under signature. (2) The means of communication chosen must be non-discriminatory, generally available and do not limit the access of economic operators to the award procedure. ((3) In the case of the use of electronic means of communication, the instruments and devices used and their technical characteristics must ensure interoperability with products of general use in the field of information technology and communications. (. Verbal communication, including telephone, may be used for communications other than those concerning the essential elements of an award procedure, provided that the main elements of the content of the verbal communication are recorded in writing. (5) For the purposes of paragraph 1 (4), the essential elements of the award procedure include concession documents, requests for participation and tenders. (6) The content of verbal communications with bidders that could have a significant impact on the content and evaluation of the offers shall be recorded by appropriate means, such as minutes, audio recordings or summaries of the main elements of verbal communication. + Article 49 (1) The contracting entity has the obligation to ensure the protection of the integrity of the data and the confidentiality of the tenders/requests for participation in all communication, transmission and storage operations of the information. (. The contracting entity shall be aware of the content of the tenders and requests for participation only from the date fixed for their opening. + Chapter IV Rules on the award of concession contracts + Section 1 General principles applicable to award procedures + Article 50 (. The contracting entity shall award the concession contract by one of the following award procedures: a) open tender; b) Competitive dialogue. (2) By exception to the provisions of par. (1), the contracting entity may use as an award procedure the negotiation without publication of a concession notice, according to the provisions of art. 64 64 and art. 65. (. During the award procedure, the contracting entity shall not, on a discriminatory basis, provide information which may benefit certain candidates or tenderers in relation to others. + Section 2 Open tender + Article 51 (1) The open tender shall be initiated by submitting a concession notice for publication, according to the provisions of art. 63, by which the contracting entity requests economic operators to submit tenders. (. The open tendering procedure shall, as a rule, be carried out in a single stage. (3) The contracting entity may establish by the concession notice and the award documentation that the open tender procedure should be carried out in two stages, in compliance with the provisions of art. 52-54 52-54: a) the first stage-submission of tenders prepared in accordance with the information and requirements set out in the award documentation, accompanied by the documents demonstrating the fulfilment of the qualification and selection criteria established by the entity contracting; b) the second stage-negotiations to improve the admissible tenders and the evaluation of improved tenders, by applying the award criteria. ((. Where the contracting entity chooses to apply the tender procedure opened with the negotiating stage, the contracting entity shall determine by the award documentation the elements which may be the subject of the negotiation. (5) In the award of the award documentation the contracting entity defines the object of the works concession or the concession of services by describing the needs of the contracting authority and of the characteristics required for its work. the services to be awarded and determine the award criteria, as well as the way of allocating the risks. (6) In the framework of the description of the elements provided in (5) the contracting entity shall determine which minimum requirements the tenders must meet. (7) The information provided by the award documentation must be sufficiently precise, clear and complete in order to enable economic operators to determine the nature and object of the works concession or the service concession, and on the basis of they decide to submit an offer or not to participate in the award procedure. + Article 52 (. The contracting entity shall be required to indicate in the concession notice the qualification criteria and, where the negotiation stage is used, the applicable rules. ((. Following the completion of the first stage, the contracting entity shall simultaneously transmit to all tenderers who have submitted admissible tenders an invitation to participate in the negotiation stage. + Article 53 (1) The contracting entity negotiates at the stage of the negotiation with each bidder who submitted an admissible offer and was invited according to art. 52 52 para. (2), with a view to improving their content. (. Within the negotiation, the contracting entity and tenderers may discuss any issues relating to the concession, indicated in the award documentation, with the exception of the object of the concession, the award criteria and the minimum requirements, which may not be change in the course of negotiation. (3) During the negotiation, the contracting entity has the obligation to ensure compliance with the principle of equal treatment and not to provide information in a discriminatory manner, which could create one/some of the bidders an advantage in relation to the others. (4) The contracting entity has the obligation not to disclose to the other bidders the proposed solutions or other confidential information communicated by a bidder participating in the negotiation, without its consent, expressed in writing, on each intent to communicate certain specific information. + Article 54 ((. The period between the date of transmission of the concession notice for publication in the Official Journal of the European Union and the closing date for the submission of tenders, if the open tender procedure is carried out in a single stage, respectively the submission of initial tenders, if the procedure is carried out in two stages, shall be at least 30 days. ((2) The period between the date of transmission of the invitation to participate in the negotiation stage and the closing date for the submission of the improved tenders, if the procedure is carried out in two stages, shall be at least 22 days. (3) The deadline for receipt of tenders may be reduced by 5 days, if the contracting entity accepts that the submission of tenders should be made by electronic means. + Section 3 Competitive dialogue + Article 55 (1) The competitive dialogue procedure shall be initiated by submitting a concession notice for publication, according to the provisions of art. 63, by which the contracting entity requests economic operators to submit requests for participation. (2) In the framework of the competitive dialogue procedure, any economic operator has the right to submit a request for participation, following that only candidates who meet the qualification and selection criteria established by the contracting entity by the concession notice shall have the right to participate in the next steps. + Article 56 ((1) The period between the date of transmission of the concession notice for publication in the Official Journal of the European Union and the closing date for the submission of requests for participation shall be at least 30 days. ((. The period between the date of transmission of the invitation to participate in the third stage of the award procedure and the closing date for the submission of final tenders shall be at least 22 days. (3) The deadline for receipt of requests for participation may be reduced by 5 days, if the contracting entity accepts that the submission of requests for participation should be made by electronic means. + Article 57 The competitive dialogue procedure is carried out in three stages: a) the first stage-submission of requests for participation and selection of candidates, by applying the qualification and selection criteria provided for in the award documentation; b) the second stage-the dialogue with the selected candidates, in order to identify the solution/solutions able to meet the needs of the contracting entity on the basis of which the final offers will be submitted; c) third stage-submission of final bids by the remaining candidates following the dialogue stage and their evaluation, by applying the award criteria. + Article 58 (1) The contracting entity is required to indicate in the concession notice the qualification and selection criteria and the applicable rules, the minimum number of candidates it intends to invite in the second stage and, if applicable, the number of candidates. their maximum. (. The minimum number of candidates indicated in the concession notice shall be sufficient to ensure genuine competition and, in any event, may not be less than 3. (. When selecting candidates for the next steps, the contracting entity shall only apply the selection and qualification criteria set out in the concession notice, which shall be objective and non-discriminatory. + Article 59 ((1) Following the completion of the first stage, the contracting entity shall simultaneously submit to all candidates selected an invitation to participate in the second stage. (2) The contracting entity is required to submit the invitation to participate accompanied by a copy of the award documentation, which will also include a descriptive document. (3) The descriptive document provided in par. (2) contains details of the needs and requirements of the contracting entity, the chosen award criteria, the risk allocation method, the indicative time limit for the conduct of the award procedure and, where applicable, the first which will be given to participants in the dialogue (4) The contracting entity has the obligation to invite in the second stage a number of candidates at least equal to the minimum number of candidates indicated in the concession notice, according to the provisions of art. 58 58 para. ((2). (5) If the number of candidates meeting the qualification and selection criteria is lower than the minimum number indicated in the concession notice, according to the provisions of art. 58 58 para. ((2), the contracting entity has the right to continue the award procedure only with those candidates who meet the requested requirements or to cancel the procedure. (6) The contracting entity does not have the right to invite to stage two an economic operator who did not submit a request for participation in the first stage or did not meet the required qualification and selection criteria. + Article 60 (1) The contracting entity shall carry out the dialogue stage with each candidate selected in part, in order to identify and define the best means to meet its needs. (. Within the framework of the dialogue, the contracting entity and the selected candidates may discuss all aspects relating to the concession, indicated in the award documentation, with the exception of the object of the concession, the award criteria and the minimum requirements, which cannot change during the course of the dialogue. (3) During the course of the dialogue, the contracting entity has the obligation to ensure compliance with the principle of equal treatment and not to provide information in a discriminatory manner, which could create one/some of the candidates an advantage in relation to the others. (4) The contracting entity has the obligation not to disclose to the other candidates the proposed solutions or other confidential information communicated by a candidate participating in the dialogue, without its consent, expressed in writing, regarding each intention communicating certain specific information. (5) The contracting entity has the right to conduct the dialogue in successive rounds in order to reduce the number of solutions to be discussed at the stage of the dialogue. (6) Application of the option provided in par. (5) must be indicated by the contracting entity in the framework of the concession notice and the descriptive document provided for in art. 59 59 para. ((2). (7) The contracting entity shall continue the dialogue until it is able to identify the solution (s) to meet its needs. ((8) Following the completion of the dialogue phase, the contracting entity shall simultaneously submit to all the candidates remaining in competition an invitation to submit final tenders, together with the solutions, following the completion of the dialogue phase, identified/identified in accordance with the provisions of par. ((7). + Article 61 (1) The final offers shall include all the elements required and necessary for the contracting entity to carry out the object of the works concession or the service concession and shall be drawn up on the basis of the solution or solutions presented and negotiated with that candidate during the dialogue phase. (2) The period granted for the elaboration and submission of the final offer shall not be less than the period agreed with the candidates selected during the course of the dialogue stage. (3) The contracting entity has the right to request clarifications, clarifications and improvements of the final offers. (4) Clarifications, clarifications and improvements provided in par. ((3), and any additional information submitted by the tenderer may not lead to the modification of the essential elements of the award procedure, including the needs and requirements set out in the concession notice and/or the document descriptive provided in art. 59 59 para. (2), where the modification of such elements, needs and requirements is liable to distort competition or have a discriminatory effect. (5) The contracting entity shall evaluate the tenders received on the basis of the award criteria established by the concession notice and/or in the descriptive document referred to in art. 59 59 para. ((2). + Section 4 Advertising and transparency rules + Article 62 The contracting entity is required to ensure the transparency of the concession contract award procedure by publishing, in accordance with the provisions of this law, concession notices, notices of intent and notices of attribution. + Article 63 (1) The contracting entity has the obligation to submit for publication a concession notice when it initiates one of the procedures regulated by this law, namely the open tender or the competitive dialogue. (2) The contracting entity has the obligation to submit for publication an announcement of intent when initiating the procedure for the award of a social service concession contract or other specific services provided for in Annex no. 3. + Article 64 (1) By exception to the provisions of art. 63 63 para. ((1), contracting entities shall not be required to publish a concession notice if the works/services concerned may be provided only by a specific economic operator, for one of the following reasons: a) the purpose of the concession of works or the concession of services is the creation or acquisition of a work of art or of a unique artistic performance; b) competition is lacking for technical reasons; c) existence of an exclusive right; d) protection of intellectual property rights and other exclusive rights, other than those defined in art. 5 5 para. ((1) lit. o). (2) The reasons provided in par. ((1) lit. b)-d) applies only if there is no reasonable alternative or substitute solution, and the absence of competition is not the result of an artificial restriction of the parameters of the works concession or of the service concession. + Article 65 By exception to the provisions of art. 63 63 para. (1), the contracting entities are not required to publish a new concession notice if, in the framework of an initial award procedure, provided for in this law, no offer/request for participation has been submitted or has been submitted only non-compliant tenders/requests, provided that the initial conditions of the works concession or the service concession do not substantially change, and if at the request of the European Commission, a report has been submitted to that effect. + Article 66 (1) The contracting entity has the obligation to submit for publication an award notice no later than 48 days after the date of award of a works concession or a service concession. (2) By exception to the provisions of par. ((1), the contracting entity has the right to group quarterly the award notices in the case of social service concession contracts and other specific services provided for in Annex no. 3 and has the obligation to submit for publication the award notices thus grouped, within 48 days from the end of each quarter. + Article 67 Concession notices and notices for the award of works concession or the concession of services, including the corresponding type of erred notices, shall be submitted for publication by the contracting entity by electronic means, the conditions provided for by the methodological norms for the application of the provisions of this law, and shall be published in the Official Journal of the European Union, in compliance with the standard formats established by the European Commission pursuant to 33 33 of Directive 2014 /23/EU of the European Parliament and the Council. + Article 68 (. The concession notices and notices for the award of the works concession or the concession of services may not be published at national level before the date of their publication in the Official Journal of the European Union. (2) By exception to the provisions of par. (1), the nationwide publication of concession notices and notices for the award of works concession or service concession is permitted when the contracting entity has not been notified by the Publications Office. of the European Union on the publication in the Official Journal of the European Union of notices submitted for publication, within 48 hours of the confirmation of receipt by the Publications Office of the European Union of the notice sent to publication. + Article 69 Concession notices and notices for the award of works concession or service concession published at national level shall not contain any other information to those existing in the corresponding notices published in the Journal. Official of the European Union and must mention the date of transmission to the Publications Office of the European Union. + Article 70 (1) The contracting entities shall ensure by electronic means, through SEAP, the direct, complete, unrestricted and free access of economic operators to the concession documents, starting with the date of publication of the concession notice. (. The concession notice shall specify the internet address to which the concession documents are available. (3) In objectively justified cases, in which the contracting entity cannot provide direct, complete, unrestricted and free access to certain concession documents, for technical reasons or due to exceptional security or nature particularly sensitive to commercial information, which requires an extremely high level of protection, the concession notice provides that the documents of the concession in question will be transmitted by means other than electronic means and that it is extended the deadline for receipt of tenders. ((4) In the framework of the open tender procedure in two stages within the meaning of Article 51 51 para. ((3) and of the competitive dialogue procedure, the contracting entity is required to submit the invitation to participate in the second stage of the procedure of all bidders/candidates selected, simultaneously and in writing. (5) The invitation to participate provided in par. ((4) includes a reference to the electronic address at which the concession documents were made available to economic operators by electronic means. ((6) If, for one of the reasons provided in par. (3), the contracting entity could not, by electronic means, ensure direct, complete, unrestricted and free access to certain concession documents, and they were not made available in another way, the contracting entity attach the concession documents to the invitation to participate provided in par. ((4). (7) In the case provided in par. (3), the contracting authority has the obligation to extend the deadline for submission of tenders or requests for participation by 5 days. ((8) In so far as requests for clarifications or additional information on the concession documents have been addressed in a timely manner, the response of the contracting entity to them must be submitted at least 6 days before the deadline. established for receipt of tenders/requests to participate. + Section 5-a Development of award documentation § § 1. Procedural guarantees + Article 71 (1) The contracting entity has the obligation to develop the award documentation containing all the information necessary to ensure the bidders/candidates a complete, correct and accurate information on the requirements of the works concession or of the service concession, the subject-matter of the contract, the distribution of risks and the conduct of the award procedure. (2) For the purposes of paragraph ((. The contracting entity shall provide: a) a description of the object of the works concession or the service concession and the qualification and selection requirements-in the concession notice; b) a description of the award criteria and, where applicable, the minimum requirements to be met, as well as an indicative deadline for the completion of the award procedure-in the concession notice, in the award documentation and/or in other Concession documents. (. The contracting entity shall communicate to all economic operators any modification of the elements provided for in the concession notice. The contracting entity also communicates to all candidates the way of organizing the award procedure and the indicative deadline for completion, as well as any change in one of the concession documents. (. The contracting authority shall ensure adequate recording of the stages of the procedure, using the means which it considers appropriate, in compliance with the provisions of Article 41 41 (1). + Article 72 (1) The concession contracts shall be awarded on the basis of the award criteria established by the contracting entity according to the provisions of art. 86, if the following conditions are met cumulatively: a) the offer complies with the minimum requirements established by the contracting entity award documentation; b) the bidder complies with the qualification and selection criteria provided in art. 75 75; c) the bidder is not excluded from participation in the award procedure, according to the provisions of art. 79-81 and subject to those provided in art. 84. (2) The minimum requirements provided in par. ((1) lit. a) include conditions and characteristics, in particular, technical, physical, functional and legal, which any offer must meet or which the bidder must hold. § 2. Technical and functional requirements + Article 73 (1) The technical and functional requirements are established by the award documentation and define the necessary characteristics of the works/services subject to the concession. (2) The requirements provided in par. ((1) may also cover the specific process of production or supply of the requested works/services, provided that they are related to the object of the concession and proportionate to its value and objectives. (3) The methods of defining the technical and functional requirements shall be established by the methodological norms for the application of the provisions of this law. + Article 74 (. The contracting entity may not refer, by technical and functional requirements, to a particular manufacturer, origin or process which characterises the products or services supplied. (. Technical and functional requirements may not refer to a specific trade mark, patent, type or production, which would have the effect of favouring or eliminating certain economic operators or certain products. (3) By exception to the provisions of par. ((1) and (2), such a reference shall be authorized, on an exceptional basis, where a sufficiently accurate and comprehensible description of the object of the works concession or the concession of services is not possible and provided that the mention be accompanied by the phrase "or equivalent". (. The contracting entity may not reject an offer on the grounds that the works and services offered are not in conformity with the technical and functional requirements referred to, if the tenderer proves in his tender, by any appropriate means, that the the solutions it has proposed meet in an equivalent manner the technical and functional requirements. § § 3. Qualification and selection criteria + Article 75 (. The contracting entity shall have the right to apply in the framework of the award procedure only non-discriminatory and non-discriminatory qualification and selection criteria with the object of the works concession or the concession of services, relating to: a) the reasons for the exclusion of the candidate/offers; b) the capacity of the candidate/tenderer. (2) The contracting entity verifies the fulfilment of the qualification and selection criteria on the basis of self-declarations, as well as on the basis of the documents to be presented as evidence, in accordance with those mentioned in the notice of Concession. (3) The qualification and selection criteria must be related and proportionate to the need to ensure the concessionaire's ability to execute the concession contract, taking into account the object of the works concession or concession. of services and the purpose of ensuring real competition. + Article 76 (1) The economic operator shall have the right, if any, in connection with a particular concession contract, to resort to the support of third parties/third parties in respect of the fulfilment of the criteria relating to the economic and financial situation and/or the technical and professional capacity criteria, irrespective of the nature of the existing legal relations between the economic operator and the third party/third party. (2) If the economic operator demonstrates its economic and financial situation and/or technical and professional capacity invoking and the support granted by one or more third parties, according to the provisions of par. ((1), then the economic operator has the obligation to prove to the contracting entity that it has taken all necessary measures to have access at all times to the necessary resources, presenting a commitment to that effect from third parties/third parties. supporter/supporters. ((3) Where an economic operator demonstrates the fulfilment of the criteria relating to the financial situation by invoking the support of a third party, the contracting entity may require the economic operator and the third party to respond jointly for the performance of the concession contract. (4) By the methodological norms for the application of the provisions of this law, standard provisions or requirements shall be established in relation to the modalities of meeting the criteria relating to the economic and financial situation and technical professional support granted by one or more third parties. + Article 77 ((. Where several economic operators participate jointly in the award procedure, the fulfilment of the technical and professional capacity criteria shall be demonstrated by taking into account the resources of all members of the group, and the contracting entity may require that they respond, jointly and severally, for the performance of the concession contract. ((. Where several economic operators participate jointly in the award procedure, they may benefit from the support of a third party in respect of the fulfilment of the criteria relating to the economic and financial situation and/or capacity technical and professional, according to the provisions of the + Article 78 (1) The contracting entity shall check whether the third party/third party providing support for the fulfilment of the criteria relating to the economic and financial situation or of those concerning technical and/or professional capacity meets/meets the relevant capacity criteria, as well as if it does not fall within the exclusion grounds provided for in art. 79-81. (2) If the third party falls within the exclusion grounds provided for in art. 79-81, the contracting entity requests, only once, for the economic operator to replace the supporting third party. § § Four. Grounds for exclusion + Article 79 (. The contracting entities referred to in art. 10 10 para. ((1) lit. a) exclude from participation in an award procedure any economic operator with respect to which they have established, following the analysis of the information and documents presented by him, or about which they became aware in any other way that he was convicted by final judgment of a court for the commission of one of the following offences: a) the establishment of an organized criminal group, provided by art. 367 367 of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the state in which the economic operator was convicted; b) corruption offences, provided by art. 289 289-294 of Law no. 286/2009 , with subsequent amendments and completions, and crimes assimilated to corruption offences provided by art. 10 10-13 of Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the state in which the economic operator was convicted; c) crimes against the financial interests of the European Union, provided by art. 181 181-185 of Law no. 78/2000 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; d) acts of terrorism provided by art. 32-35 32-35, art. 37 37 and 38 of Law no. 535/2004 on the prevention and combating of terrorism, with subsequent amendments and completions, or by the corresponding provisions of the criminal law of the State in which the economic operator was convicted; e) money laundering, provided by art. 29 29 of Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorism, republished, as amended, or the financing of terrorism, provided by art. 36 36 of Law no. 535/2004 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; f) trafficking and exploitation of vulnerable persons, provided by art. 209-217 of Law no. 286/2009 , with subsequent amendments and completions, or by the corresponding provisions of the criminal legislation of the state in which the economic operator was convicted; g) fraud, within the meaning of art 1 of the Convention on the Protection of the Financial Interests of the European Communities- (2) The obligation to exclude from the award procedure an economic operator, according to the provisions of par. ((1), shall also apply if the person convicted by a final decision is a member of the management, management or supervisory body of that economic operator or has power of representation, decision or control in the its framework. (. Contracting entities other than those referred to in art. 10 10 para. ((1) lit. a), may exclude from participation in an award procedure an economic operator, if they are aware that the respective economic operator has been subject to a conviction delivered by a final judgment, for one of the reasons listed in par. ((1). + Article 80 (1) The contracting entities referred to in art. 10 10 para. ((1) lit. a) exclude from the award procedure any economic operator that they are aware of has violated their obligations regarding the payment of taxes, fees or contributions to the consolidated general budget, and this was established by a decision a court or administrative decision having a final and binding nature in accordance with the law of the State in which that economic operator is established. (2) The contracting entities referred to in art. 10 10 para. ((1) lit. a) exclude from the award procedure an economic operator where they can demonstrate by any appropriate means that the economic operator has breached its obligations regarding the payment of taxes, duties or contributions to the general budget Consolidated. (3) The economic operator is not excluded from the award procedure if, prior to the exclusion decision, it fulfils its obligations by paying taxes, taxes or contributions due to the consolidated general budget or by other means of extinguishing them or benefit, under the law, from their staggering or other facilities in order to pay them, including, as the case may be, possible interest or late payment penalties or fines. (4) By exception to the provisions of par. ((1) and (2) and art. 79, in exceptional cases, the contracting entities referred to in art. 10 10 para. ((1) lit. a) have the right not to exclude from the award procedure an economic operator who is in one of the situations referred to in par. ((1) and (2) and in art. 79, for overriding reasons of general interest, such as public health or environmental protection. (5) By exception to the provisions of par. ((1) and (2), an economic operator shall not be excluded from the award procedure where the amount of taxes, duties and contributions to the consolidated general budget due and outstanding meets one of the following conditions: a) is less than 4,000 lei; b) is more than 4,000 lei and less than 5% of the total taxes, fees and contributions due by the economic operator to their most recent due date. + Article 81 (. The contracting entities shall exclude from the concession contract award procedure any economic operator that is in any of the following situations: a) violated the obligations established according to art. 38 38, and the contracting entity can demonstrate this by any appropriate means of evidence, such as decisions of the competent authorities finding the infringement of these obligations; b) the insolvency procedure has been opened against the economic operator, according to the legal provisions, unless the economic operator is in judicial reorganization; c) committed a serious professional misconduct, which calls into question its integrity, and the contracting entity can demonstrate this by any appropriate means of evidence, such as a decision of a court or an authority administrative; d) the contracting entity has sufficient plausible indications to consider that the economic operator has concluded with other economic operators agreements aimed at distorting competition within or in connection with the procedure in question; e) is in a conflict of interest in or in connection with the procedure in question, and this situation cannot be effectively remedied by other less severe measures; f) the economic operator has seriously or repeatedly violated its main obligations under a contract of concession or previous contract concluded with a contracting entity, and these violations led to the early termination of the the respective contract, payment of damages or other comparable penalties; g) the economic operator was guilty of false statements in the content of the information transmitted at the request of the contracting entity, in order to verify the absence of the reasons for exclusion or the fulfilment of the qualification and selection criteria, it has not submitted this information or is unable to provide the required supporting documents; h) the economic operator has attempted to unlawfully influence the decision-making process of the contracting entity, to obtain confidential information which could confer it unjustified advantages in the procedure for the award of the works concession; or of the service concession or has negligently provided erroneous information which may have a significant influence on the decisions of the contracting entity concerning the exclusion from the award procedure of that economic operator, the selection or the award of the concession contract to that operator economic; i) have committed in their professional conduct serious mistakes demonstrated by any means that the contracting entity may justify, including the courts, the European Investment Bank and international organizations. (2) By exception to the provisions of par. ((1) lit. b), the contracting entity does not exclude from the award procedure an economic operator against whom the general insolvency procedure was opened when, on the basis of the information and/or documents presented by the economic operator, it establishes that it has the ability to execute the concession contract. It assumes that the economic operator is either in the observation phase and has adopted the necessary measures to draw up a feasible reorganisation plan, which allows the continuation, in a sustainable manner, of the current activity, or is in the framework of the judicial reorganization process and fully comply with the implementation schedule of the reorganization plan approved by the court. (3) For the purposes of paragraph 1 ((1) lit. c), through serious professional misconduct is understood any misconduct committed by the economic operator affecting its professional reputation, such as violations of cartel competition rules, aimed at rigging tenders or violations of intellectual property rights, committed with intent or serious fault. (4) Provisions of para. ((1) lit. c) are also applicable if the economic operator or one of the persons referred to in art. 79 79 para. (2) is subject to a judicial investigation procedure in connection with the commission of one/some of the facts provided in art. 79 79 para. ((1). (5) For the purposes of paragraph 1 ((1) lit. d) it is considered that the contracting authority has sufficient plausible indications to consider that the economic operator has concluded with other economic operators agreements aimed at distorting competition within or in connection with the procedure in question. in the following situations, covered by an example: a) the tenders or requests for participation transmitted by 2 or more economic operators participating in the award procedure present significant similarities from the point of view of the content of non-standard documents, according to the documentation award; b) within the governing bodies of 2 or several economic operators participating in the award procedure are found the same persons or persons who are spouse, relative or afin up to the second degree inclusive or having common interests of a personal, financial or economic nature or of any other nature. (6) Before excluding an economic operator according to the provisions of par. ((1) lit. d), the contracting entity shall request in writing to the Competition Council the point of view of the identified indications aimed at distorting competition within or in connection with the award procedure in question. (7) The contracting entity has the obligation to provide all the information requested by the Competition Council, in order to formulate the point of view, according to the provisions of paragraph ((6). (8) For the purposes of paragraph 1 ((1) lit. f), it is considered serious violations of contractual obligations, as an example, non-performance of obligations regarding the delivery of products or services, the delivery of products or services that present major non-conformities, which make them unfit use, in accordance with the intended purpose of the contracting entity or an improper conduct, which creates serious doubts as to the credibility of the economic operator. (9) By the methodological norms for the application of the provisions of this law, it is established the modality of establishing a database of economic operators who are or have been in any of the situations provided in par. ((1) lit. a), lit. c), lit. f) and lit. i), the list valid for 5 years, if the decision of a court does not cancel the registration. The list is published on the ANAP website and updated monthly. + Article 82 (1) The contracting entity has the obligation to accept as sufficient and relevant for the demonstration that the bidder/candidate does not fall into one of the situations provided in art. 79-81 any document deemed to be illuminating from this point of view in the country of origin or in the country where the tenderer/candidate is established, such as certificates, criminal records or other equivalent documents issued by competent authorities of that country. (2) If there are uncertainties regarding the existence or non-existence of an exclusion situation, the contracting entity has the right to request directly information from the foreign competent authorities provided in par. ((1). (3) As regards the situations referred to in art. 81, in accordance with the internal legislation of the state in which the candidates/bidders are established, the requests provided in par. ((2) refers to natural persons and legal persons, including, as the case may be, to directors of companies or to any person with power of representation, decision-making or control in respect of the candidate or bidder. (4) If in the country of origin or in the country where the bidder is established/the candidate is not issued documents of the nature of those provided in par. (1) or those documents do not concern all the situations provided for in art. 79-81, the contracting entity has the obligation to accept a declaration on its own responsibility or, if in that country there are no legal provisions relating to the affidavit, an authentic statement given before a notary, of a administrative or judicial authorities or a professional association with competence to do so. + Article 83 Contracting entities referred to in art. 10 10 para. ((1) lit. a) have the right to exclude an economic operator at any time of the award procedure in which they become aware that the economic operator is, having regard to the actions or inactions committed before or during the procedure, in one of the situations provided in art. 79 79, art. 80 80 para. ((1) and (2), to attract exclusion from the award procedure. + Article 84 (1) Any economic operator in any of the situations referred to in art. 79 79 and art. 81, which attract exclusion from the award procedure, may provide evidence showing that the measures taken by it are sufficient to demonstrate their credibility in concrete terms, by reference to the reasons for exclusion. (2) If the contracting entity considers the evidence presented by the economic operator according to the provisions of par. ((1) as sufficient for the concrete demonstration of credibility, the contracting entity shall not exclude the economic operator from the award procedure. ((3) The evidence that the economic operator in any of the situations referred to in art. 79 79 and art. 81 may provide them to the contracting entity, within the meaning of paragraph ((1), refers to the economic operator making the payment or assuming by the economic operator the obligation to pay compensation in respect of any damage caused by an offence or by another act. illicit, clarifying by the economic operator, in full, of the facts and circumstances in which the offence or wrongful act was committed, through the active cooperation with the authorities carrying out the investigation, as well as the adoption by the economic operator of concrete and appropriate measures at the technical, organisational and in personnel matters, such as: the elimination of links with individuals and organisations involved in misconduct, measures to reorganize staff, the implementation of control and reporting systems, the creation of an audit structure internal to verify compliance with legal provisions and other rules or the adoption of internal rules on liability and payment of compensation, in order to prevent the commission of new crimes or other illicit acts. (4) If the economic operator has been applied, by final judgment of a court of law, the measure of the prohibition to participate in proceedings for the award of a public or sectoral procurement contract or a contract of concession, which produces effects in Romania, the provisions of par. ((1)-(3) are not applicable throughout the period of exclusion established by that judgment. (5) If the economic operator has not been applied, by final judgment of a court of law, the measure of the prohibition to participate in proceedings for the award of a public or sectoral procurement contract or a contract of concession for a certain period, the exclusion situations provided for in art. 79 79 and art. 81 81 shall not apply: a) if in the case of facts provided in art. 79 expired a period of 5 years from the date of final stay of the sentencing decision; b) if in the case of situations, facts or events provided in art. 81 a period of 3 years has expired from the date on which the situation occurred, the act or the relevant event. + Section 6 Deadlines for the receipt of requests for participation and tenders for the concession of works or the concession of services + Article 85 (1) Without affecting the applicability of the provisions of this law regarding the minimum periods to be ensured between, on the one hand, the date of transmission for publication of works concession notices or service concession and, on the other, the closing date for the submission of tenders/requests for participation, the contracting entity has the obligation to establish that period according to the complexity of the concession contract and the specific requirements, so that economic operators concerned to benefit from an adequate and sufficient time frame for the preparation of tenders/requests for participation and for the preparation of the qualification and selection documents that are requested by the award documentation. ((2) If the tenders/requests for participation cannot be elaborated only after the visit of the site or after the on-site consultation of additional documents on which the concession documents are based, the period set by the contracting entity for the submission of tenders/requests for participation is higher than the minimum period provided for by this law for the award procedure used and is established so that the economic operators concerned have the real and effective possibility of obtaining all the necessary information for proper preparation of tenders/requests to participate. + Section 7 Award criteria + Article 86 (. The concession contracts shall be awarded on the basis of the criterion of the most economically advantageous tender established on the basis of objective criteria which guarantee the evaluation of tenders under conditions of real competition. (2) For the purposes of paragraph ((1), the objective criteria must be directly related to the subject-matter of the works concession or the service concession and may refer to any of the following: a) the degree of taking risks by the concessionaire; b) the level of updated payments made by the contracting entity; c) the level of usage charges; d) method of execution of works/provision of services based on qualitative, technical, functional, financial performance indicators, etc.; e) the way of ensuring environmental protection; f) the way of solving social problems; g) royalty level; h) duration of the concession; i) innovation. (. The contracting entity may use the criteria referred to in paragraph 1. ((2) and in combination, depending on the subject matter of the concession and to the extent that those criteria are compatible. (4) The award criteria are listed in the documents provided in art. 71 71 para. ((2) lit. b), in descending order of their importance, being accompanied by requirements allowing the effective verification of the information provided by the bidders. + Article 87 (1) Where the contracting entity receives an offer which proposes an innovative solution with an exceptional level of functional performance, which could not have been foreseen by a diligent contracting entity, it may, in such a way, exceptional, to amend the order of the award criteria, in order to take account of that innovative solution. (2) In the case provided in par. (1), the contracting entity shall communicate to all bidders the modification of the order of importance and issue a new invitation to present tenders, in compliance with the minimum deadlines provided for by this + Section 8 Completion of the award procedure + Article 88 The award procedure shall be completed by: a) the signing of the concession contract; or b) cancellation of the award procedure. + Article 89 (1) The contracting entity has the obligation to cancel the concession contract award procedure in the following cases: a) no offer/request for participation has been submitted or no offer/request for admissible participation has been submitted; b) admissible tenders have been submitted that cannot be compared due to the uneven way of dealing with technical and/or financial solutions; c) violations of legal provisions affect the award procedure or if it is impossible to conclude the contract; d) The National Council for the Settlement of Appeals or the court orders the modification/removal of any technical specifications from the specifications or from other documents issued in connection with the award procedure, and the authority the contracting party is unable to adopt remedial measures, without affecting the principles laid down in art. 2 2 para. ((2); e) the contract cannot be concluded with the tenderer whose tender has been established the winner due to the fact that the tenderer in question is in a situation of force majeure or unable fortuità to execute the contract and there is no offer conforming to the second place; f) circumstances arise that make it necessary to award another type of contract to which a legal regime is applicable other than that applicable according to the provisions of this law; g) the value of the works concession or the concession of services at the time of award of the contract exceeds by more than 20% the estimated value at the time of initiation of the concession, which would attract the need to organize an award procedure according to the provisions of the (. For the purposes of paragraph 1. ((1) lit. c), by violations of legal provisions it is understood the situation in which errors or omissions are found during the award procedure, and the contracting entity is unable to adopt corrective measures without them leading to violation of the principles laid down in 2 2 para. ((2). + Article 90 The contracting entity has the right to cancel the procedure for the award of the concession contract in the situations provided in art. 59 59 para. ((5). + Article 91 The contracting entity has the obligation to make public the decision to annul the procedure for the award of the concession contract, accompanied by the justification of the cancellation of the award procedure, by means of SEAP, within the period provided for in art. 70 70 para. ((8). + Section 9 Informing candidates/tenderers + Article 92 (1) The contracting entity has the obligation to submit to the successful tenderer a communication on the acceptance of its offer, which shows its agreement to conclude the concession contract. (2) The contracting entity shall, as soon as possible, inform each candidate/tenderer of decisions taken regarding the award of the concession contract, including the name of the successful tenderer, the reasons for which the decided to reject the request for participation/its offer and the reasons for any decision not to award a contract or to resume the award procedure. (. At the request of the interested party, the contracting entity shall communicate, as soon as possible, but not later than 15 days after receipt of a written request, to each tenderer who has submitted an admissible tender, but which has not been declared the winning, characteristics and relative advantages of the winning bid. (4) The contracting entity has the right not to communicate certain information provided in par. ((2) and (3) on the award of the concession contract, if their disclosure: a) prevent the application of legal provisions or be contrary to the public interest; b) would prejudice the legitimate commercial interests of an economic, public or private operator, or might prejudice fair competition between economic operators. + Article 93 (1) For the purposes of this law, the admissible offer is the offer that is not unacceptable or non-compliant. ((2) The offer is considered unacceptable if it does not meet the conditions of the form related to its elaboration and presentation, nor the qualification and selection requirements provided for in the concession documents. ((3) The offer is considered to be non-compliant if it is irrelevant to the subject matter of the concession contract, which cannot clearly satisfy, without substantial changes, the needs and requirements of the contracting entity indicated in the documents the concession, including where the tender does not comply with the technical specifications and/or financial conditions. (4) The request for participation is considered non-compliant if the candidate is in one of the exclusion situations provided for in art. 79 79-81 or does not meet the qualification criteria established by the contracting entity. + Chapter V Rules on the performance of concession contracts + Section 1 Subcontracting + Article 94 (1) The contracting entity has the obligation to ask the bidder to specify in the offer the part/parts of the contract that it is to subcontract and the identification data of the proposed subcontractors. (2) The proposed subcontractors are kept by compliance with the same obligations in the field of environment, social and labor relations, provided in art. 38, just like the bidders. (3) Application of para. ((1) does not diminish the liability of the concessionaire as regards the way of carrying out the future concession contract. + Article 95 (1) The obligation provided for in art. 94 94 para. ((1) does not apply to subcontractors who carry out activities under the concession contract whose value is less than 5% of the value of the works concession or the concession of services, provided that this possibility is explicitly mentioned in the award documentation. (2) By exception to the provisions of par. (1), if the activities carried out by subcontractors are essential by reference to the object of the contract, according to the award documentation, they will be applied the provisions of art. 94 94 para. ((1). + Article 96 (1) The contracting entity has the obligation to verify the existence of an exclusion situation provided for in art. 79-81, in relation to proposed subcontractors. ((. Where an exclusion situation is identified, the contracting entity shall require the tenderer/candidate to replace the subcontractor in relation to which it resulted from the verification that it is in this situation. (3) For the purpose of the verification referred to in (1), the subcontractor shall complete the declaration on his own responsibility, stating that he is not in any of the situations that attract exclusion from the award procedure. + Article 97 (1) The contracting entity is required to make payments corresponding to the part/parts of the contract fulfilled by the subcontractors proposed in the tender, if they request, when the nature of the contract allows it, and if the proposed subcontractors have expressed their choice in this regard. (2) The contracting entity establishes the mechanisms governing the method of making the payments provided in par. (1) by concession documents, as well as in the concession contract. (3) The conditions and modalities for making payments provided in par. (1) are established by the methodological norms for the application of the provisions of this law (4) The provisions provided in par. ((1)-(3) does not diminish the liability of the contractor as regards the way of carrying out the future concession contract. + Article 98 (. The contracting entity shall require the concessionaire, after the award of the contract, but at the latest at the time of commencement of the contract, to indicate its name, contact details and legal representatives of its subcontractors involved in the the execution of the concession contract, in so far as such information is known at the time. (2) The concessionaire shall notify the contracting entity of any changes to the information provided in par. ((1) during the concession contract. ((3) The concessionaire has the right to involve new subcontractors, during the execution of the concession contract, provided that the concessionaire transmits to the contracting entity the information provided in par. ((1) and to obtain its agreement on any new subcontractors subsequently involved in the performance of the contract. + Article 99 The contracting entity has the right to extend the application of the obligations provided in 98 98: a) with regard to the suppliers involved in the works concession contracts or service concession; b) the subcontractors of the concessionaire subcontractors or subcontractors on the lower levels of the subcontracting chain. + Section 2 Amendment of the concession contract + Article 100 Concession contracts may be amended, without the organisation of a new award procedure, only in the situations provided for in this section. + Article 101 (1) The concession contracts may be modified, without the organization of a new award procedure, when the changes, whether or not they are assessable in money and regardless of their value, were provided in the original documents of the the concession of works or the concession of services in the form of clear, precise and unequivocal review clauses, which may include value revision clauses or any other options. (2) In the situation referred to in par. ((1), the review clauses specify the subject matter, limits and nature of any changes or options, and the conditions under which they may be used, and may not establish changes or options that would affect the general nature of the contract. Concession. + Article 102 (. The concession contracts may be amended, without the organisation of a new award procedure, where the following conditions are met: a) it becomes necessary to purchase from the initial concessionaire some additional services or works, which were not included in the initial concession contract, but which have become strictly necessary in order to fulfill it; b) the concession change is impossible. (. For the purposes of paragraph 1. ((1) lit. b), the change of the concessionaire is impossible when the following conditions are cumulatively met: a) the change of the concessionaire cannot be achieved for economic or technical reasons, such as requirements regarding interchangeability or interoperability with existing equipment, services or installations, acquired under the contract of initial concession; b) the change of concessionaire would cause the contracting entity significant difficulties or significant increase in costs ((3) In the case of concession contracts awarded by the contracting authority, in order to carry out an activity other than those set out in Annex no. 2 2, no increase in value may exceed 10% of the value of the works concession or the initial service concession. (4) If the contracting authority makes several successive amendments, they may not exceed, cumulatively, an increase of more than 10% of the value of the works concession or the initial service concession. + Article 103 Concession contracts may be amended without the organisation of a new award procedure, where the following conditions are met cumulatively: a) the amendment has become necessary following circumstances which a contracting entity acting diligently could not have foreseen; b) the modification does not affect the general nature of the works concession or the service concession; c) in the case of concession contracts awarded by the contracting authorities in order to carry out an activity other than those set out in Annex no. 2, the amendment does not imply an increase in value by more than 10% of the value of the initial concession, with the appropriate application of the provisions of art. 102 102 para. ((4). + Article 104 Contracting entities amending a concession contract, in the cases referred to in art. 102 102 and art. 103 103, have the obligation to publish an announcement in this regard in the Official Journal of the European Union and at national level, in compliance with the standard form established by the European Commission pursuant to the provisions of art. 33 33 of Directive 2014 /23/EU of the European Parliament and the Council. + Article 105 (1) The concession contracts may be amended, without the organisation of a new award procedure, where a new concessionaire replaces the one to which the contracting entity initially awarded the works concession or the service concession, in one of the following situations: a) as a result of a review clause or an option established by the contracting entity according to art. 101 101; b) the rights and obligations of the original concessionaire resulting from the concession contract are taken as a result of a universal or universal succession in a reorganization process, including by merger or division by a other economic operator fulfilling the qualifying and selection criteria initially established, provided that this change does not entail any further substantial changes to the concession contract and is not achieved with the aim of circumventing application of the award procedures provided for by this Law c) the early termination of the concession contract and the assignment of contracts concluded with the subcontractors by the principal concessionaire of the contracting entity, following a review clause or an option established by the entity Contracting according to 101. (2) When the review clause or the option established by the contracting entity according to par. ((1) lit. a) stipulate in favour of financing financial institutions the right to divest the concession contract to another economic operator, it must meet the qualification and selection criteria established by the concession notice and the award documentation. + Article 106 (1) The concession contracts may be amended, without the organization of a new award procedure, when the amendments, regardless of their value, are not substantial, within the meaning of paragraph 1. ((2). (2) A modification of a concession contract during the period of validity is considered a substantial modification when, by this amendment, the character of the concession becomes substantially different from that of the concession originally concluded. Any modification that meets at least one of the following conditions shall be considered substantially: a) the amendment introduces conditions which, if included in the original award procedure, would have allowed the selection of candidates other than those originally selected or the acceptance of an offer other than that initially accepted or would have attracted other participants in the award procedure; b) the modification changes the economic balance of the concession contract in favour of the concessionaire and/or the allocation of risks between the parties in a way that was not provided for in the works concession or the initial service concession; c) the amendment considerably extends the scope of the works concession or the service concession; d) a new concessionaire replaces the original concessionaire, in other cases than those provided for in art. 105. + Article 107 (. The concession contracts may be amended, without the organisation of a new award procedure, where the following conditions are met: a) the value of the modification is lower than the threshold provided for in 11 11 para. ((1); b) the value of the modification is less than 10% of the value of the initial works concession or the initial service concession. (2) The modification of the concession contract according to the provisions of ((1) may be without prejudice to the general nature of the concession of works or the concession of services. (3) In the situation referred to in par. ((1), where several successive amendments are made, the amount of the amendments shall be determined on the basis of the overall net value of those successive amendments. (4) For the calculation of the value provided in paragraph ((1), art. 102 102 para. ((3) and art. 103 lit. c) the updated value, which is: a) the reference value, when the concession contract includes an indexation clause; b) the value calculated according to the average inflation rate published by the National Institute of Statistics, when the concession contract does not include an indexation clause. + Article 108 By the methodological norms for the application of the provisions of this law, the obligation to notify the institution responsible for the ex-ante control regarding the intention to make changes to the contracts of concession under the provisions of this section. + Article 109 (1) Any modification of a concession contract during its period of validity, other than in the cases and conditions provided for in this section, shall be carried out by the organization of a new award procedure, in accordance with provisions of this law (2) In case of non-compliance with the provisions ((1), the contracting entity has the right to unilaterally denounce the original concession contract. (3) The contracting entity introduces the right of unilateral denunciation provided in par. (2) under the contractual conditions contained in the award documentation. + Section 3 Termination of the concession contract + Article 110 ((. Without prejudice to the provisions of the common law on the termination of contracts or the right of the contracting entity to require the conclusion of the absolute nullity of the concession contract, in accordance with the provisions of the the contracting entity has the right to unilaterally denounce a concession contract, during its period of validity, in one of the following situations: a) the concessionaire is, at the time of award of the contract, in one of the situations referred to in 79-81, which would have led to its exclusion from the award procedure; b) the contract should not have been awarded to the concessionaire concerned, in view of a serious breach of the obligations resulting from the relevant European legislation and which was found by a decision of the Court of Justice of the European Union. (2) The contracting entity introduces the right of unilateral denunciation provided in par. ((1) under the contractual conditions contained in the award documentation. + Chapter VI Contraventions and penalties + Article 111 (1) The contracting entity shall respond contraventionally in the cases and under the conditions provided by this law. (2) It constitutes contraventions and is sanctioned with a fine of 5,000 lei-30,000 lei: a) the award of a concession contract without the prior publication of a concession notice, in cases where its publication is mandatory according to the provisions of art. 63 63 para. (1), or of an announcement of intent, according to the provisions of art. 63 63 para. ((2); b) violation of art. 13 13 para. ((3); c) violation of art. 72. (3) The contravention sanction applies to the contracting authority, which, depending on the concrete situation, orders the taking of measures against the persons involved in the development of the concession that was the subject of the contravention. (4) The commission of the contravention act does not necessarily involve the occurrence of injury. (5) The establishment of the damage must take into account the circumstances of the contravention act and be substantiated. + Article 112 The finding of contraventions and the application of sanctions shall be carried out by persons empowered for this purpose by the Court of Accounts of Romania and ANAP, respectively, depending on the institution that makes the deviation. + Article 113 Contraventions provided in art. 111 111 para. (2) their provisions are applicable Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 13 13 para. ((1), art. 28 28 and art. 29. + Chapter VII Transitional and final provisions + Article 114 (1) The competent national authorities have powers in the scope of this law, such as regulatory functions, assistance and operational support, ex-ante control, ex-post control, monitoring, supervision, detection of conflict of interests, combating rigged tenders and other functions with the objective of respecting the principles provided for in art. 2 2 para. ((2). (2) By the methodological norms for the application of the provisions of this law, the specific obligations and responsibilities of the competent national authorities in relation to the performance of these functions + Article 115 Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, ANAP will develop methodological norms for the application of its provisions, which will be approved by Government decision. + Article 116 (1) This law applies to procedures for the award of works concessions or service concessions initiated after the date of its entry into force. (2) Procedures for the award of works concessions or service concessions under way on the date of entry into force of this Law shall apply to the law in force on the date of initiation of the award procedure. ((3) This law applies to concession contracts concluded after the date of its entry into force. (4) The concession contracts concluded before the date of entry into force of this Law shall be subject to the provisions of the law in force on the date on which they were concluded, with regard to the conclusion, modification, interpretation, effects, execution and termination thereof. + Article 117 The date of entry into force of this Law shall be repealed: a) Public-private partnership law no. 178/2010 , published in the Official Gazette of Romania, Part I, no. 676 of 5 October 2010, with subsequent amendments and completions; b) Government Decision no. 71/2007 for the approval of the Rules for the application of the provisions relating to the award of public works concession contracts and the service concession contracts provided for in Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, published in the Official Gazette of Romania, Part I, no. 98 98 of 8 February 2007; c) any other provisions contrary to any other normative acts. + Article 118 Annexes no. 1-3 are an integral part of this law. * This law translates the provisions of art. 3, 8, 11, 13-19, 22-26, 28, 31, 34-36, 38-40, 43, 44 and 54 of Directive 2014 /23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts, published in the Official Journal of the European Union, L series, no. 94 of 28 March 2014, and partially the provisions of art. 1, 2, 4-7, 9, 10, 20, 21, 29, 30, 32, 33, 37, 41, 42 and 45 of Directive 2014 /23/EU of the European Parliament and the Council. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, May 19, 2016. No. 100. + Annex 1 List of activities provided in art. 5 5 para. ((1) lit. q) *Font 8 * ┌ ----------------------------------------------------------------------------------------- | NACE Rev. 1* 1) | CPV Code | ├ ----------------- --------------------------------------------------------------------------------------- | | | SECTION F | CONSTRUCTION | | | ├ ----- ----- ----- ----- [...] [...] [...] [...] | Divi-| Group | Class | Description | Notes | | | | | | | | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | 45 | | | Construction | This division includes: | 45000000 | | | | | | construction of new buildings and works, restoration and | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | 45.1 | | Preparation | | 45100000 | | | | | | | | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.11 | Demolari de | This class includes: | 45110000 | | | | | | | |-demolition of buildings and other structures; | | | | | | | | | | | | | | earthworks |-clearance of construction sites; | | | | | | | | |-earthworks: excavation, filling, | | | | | | | | | | | | | leveling construction sites, digging | | | | | | | | ditches, rock removal, demolition by | | | | | | | | explosion etc.; | | | | | | | | | |-preparation of construction sites for mining; | | | | | | | | |-soil removal and other development works | | | | | | | | | and preparation of land and mining sites. | | | | | | | | | This class also comprises: | | | | | | | | | | |-draining construction sites; | | | | | | | |-drainage of agricultural and forestry land. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.12 | Drilling works | This class includes: | 45120000 | | | | | | | | | experimental surveys, reconnaissance boreholes and | | | | | | | carotages for construction as well as for studies | | | | | | | | geophysical, geological or other similar studies. | | | | | | | | | This class does not include: | | | | | | | |-drilling of crude oil extraction wells or a | | | | | | | | | | | natural gas (see class 11.20); | | | | | | | | | |-drilling of water wells (see class 45.25); | | | | | | | | |-digging of wells (see class 45.25); | | | | | | | | |-prospecting for crude oil and gas fields | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | seismic (see class 74.20). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | 45.2 | | Works | | 45200000 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | by civil genius | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.21 | General Works | This class includes: | 45210000 | | | | | | | | construction |-construction of buildings of all types and | with | | | | | | | buildings and civil construction | | exception: | | | | | | | | works of genius |-bridges, including those intended for support | 45213316 | | | | | | civil | suspended roads, viaducts, tunnels and passages | 45220000 | | | | | | | | | | 45231000 | | | | | | |-pipelines, lines of communications and power lines | 45232000 | | | | | | | | | | | | | | | | | | | | | |-pipelines, lines of communications and power lines | | | | | | | | | | | | | | | | | | | | |-related works of urban planning; | | | | | | | |-assembly and installation of prefabricated construction | | | | | | | | | on construction sites. | | | | | | | | | This class does not include: | | | | | | |-services relating to crude oil extraction and a | | | | | | | | | | | | natural gas (see class 11.20); | | | | | | | | |-construction of completely prefabricated works from | | | | | | | | elements of materials other than concrete, manufactured | | | | | | | | | | | | | | | | | | | | | | | | | | | divisions 20, 26 and 28); | | | | | | | |-construction works, other than those | | | | | | | | buildings, for stadiums, swimming pools, gyms, | | | | | | | tennis courts, golf circuits and other | | | | | | | | | sports installations (see class 45.23); | | | | | | | | | | |-works of installations for construction (a | | | | | | | | | see class 45.3); | | | | | | | |-finishing works (see class 45.4); | | | | | | | |-architecture and engineering activities (a | | | | | | | | | see class 74.20); | | | | | | | |-management of construction projects (see | | | | | | | | class 74.20). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.22 | Lifting | This class includes: | 45261000 | | | | | | sarpante and |-the lifting of sarslopes; | | | | | | | | | | | | | | | | | | | | | | | | | |-waterproofing works. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.23 | Construction | This class includes: | 45212212 | | | | | | highways, |-construction of highways, roads, roads, | and DA03 | | | | | | roads, | other paths for vehicles and pedestrians; | 45230000 | | | | | | aerodromes and |-railway construction; | | | | | | | | | | complexes |-construction of landing-discoloration tracks; | exception: | | | | | | | | | | | | | construction works, other than those of | 45231000 | | | | | | buildings, for stadiums, swimming pools, gyms, | 45232000 | | | | | tennis courts, golf circuits and other | 45234115 | | | | | | sports installations; | | | | | | | | | |-marking with paint of road surfaces and a | | | | | | | | | parking spaces. | | | | | | | | | This class does not include: | | | | | | |-preliminary earthworks (see class 45.11). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.24 | Works | This class includes the construction of: | 45240000 | | | | | hydrotechnical |-waterways, ports, river works, ports | | | | | | | | | | | | | | | | | | | | | | | | | | | | |-dams and embankments; | | | | | | | |-dredging; | | | | | | | |-underwater works. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.25 | Other works by | This class includes: | 45250000 | | | | | | construction care |-specialized construction activities that | 45262000 | | | | | involves works | implies a common aspect for several types | | | | | | | | special | | works and requiring skills or equipment | | | | | | | | | | | | | | | | | | | | | |-realization of foundations, including installation | | | | | | | | | | | | | | | | | | | | | |-drilling and construction of water wells, digging | | | | | | | | | | | | | | | | | | | | |-installation of metal structure elements not | | | | | | | | are manufactured by the unit that executes the works; | | | | | | | |-bending of metal structures; | | | | | | | |-building works with brick or stone; | | | | | | | | | |-mounting and dismantling of skeletons and platforms | | | | | | | | own or rented work; | | | | | | | | | |-construction of chimneys and furnaces | | | | | | | | industrial. | | | | | | | | | This class does not include: | | | | | | |-rental of scaffolding without mounting and disassembly (a | | | | | | | | see class 71.32). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | 45.3 | | Works | | 45300000 | | | | | | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.31 | Works | This class includes: | 45213316 | | | | | | | installations |-installation, in buildings or in other projects | 45310000 | | | | | | | electric | construction, of the following elements: | | | | | | | |-cables and electrical connections; | exception: | | | | | |-telecommunications systems; | 45316000 | | | | | |-electric heating installations; | | | | | | | |-antennas for residential buildings; | | | | | | | |-fire alarm systems; | | | | | | | | |-burglar alarm systems; | | | | | | | | |-lifts and escalators; | | | | | | | | | | | |-paratrasnet etc. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.32 | Works | This class includes: | 45320000 | | | | | | | | | | | installation, in buildings or in other projects | | | | | | | | construction, thermal insulation, acoustic or | | | | | | | | | | against vibrations. | | | | | | | | | This class does not include: | | | | | | |-waterproofing works (see class | | | | | | | | 45.22). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.33 | Installations | This class includes: | 45330000 | | | | | |-installation, in buildings or in other projects | | | | | | | | | construction, of the following elements: | | | | | | |-plumbing and sanitary equipment; | | | | | | | |-equipment for gas distribution; | | | | | | | |-equipment and heating pipes, ventilation, | | | | | | | | | refrigeration or air conditioning; | | | | | | | | | | |-fire extinguishing installations with sprinklers. | | | | | | | | | | | | | | | This class does not include: | | | | | | |-installation of electric heating systems (a | | | | | | | | | see class 45.31). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.34 | Other works by | This class includes: | 45234115 | | | | | | | | installations |-installation of lighting and signalling systems | 45316000 | | | | | | | | | | | for roads, railways, airports and ports; | 45340000 | | | | | |-installation, in buildings or in other projects | | | | | | | | | construction, installations and equipment | | | | | | | | | unclassified elsewhere. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | 45.4 | | Works | | 45400000 | | | | | | finishing | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.41 | Tencuire | This class includes: | 45410000 | | | | | | |-application, in buildings or in other projects | | | | | | | | | construction, ipsos and stucului for | | | | | | | | | | structures or interior and exterior ornaments, | | | | | | | | | including associated facement materials. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.42 | Tamplarie and | This class includes: | 45420000 | | | | | carpentry |-installation of doors, windows, heels and frames for | | | | | | | | | doors and windows, equipped kitchens, stairs, | | | | | | | | | equipment for shops and similar equipment, | | | | | | | | | wooden or other materials, which are not | | | | | | | | | manufactured by the unit executing the works; | | | | | | | |-interior design, such as ceilings, paneling | | | | | | | | | wooden, mobile partitions, etc. | | | | | | | | | This class does not include: | | | | | | | |-coverage with parquet or other wooden floors | | | | | | | | | (see class 45.43). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.43 | Dressing | This class includes: | 45430000 | | | | | | floors and a |-installation, in buildings or in other projects | | | | | | | | walls | construction, of the following elements: | | | | | | | |-ceramic, concrete or stone tiles for walls | | | | | | | | | | | | | | | OR | | | | |-parquet and other wood floors, carpeting and | | | | | | | | | | | | | | | | | | | | | |-including rubber or plastic; | | | | | | | |-floor or wall cladding materials | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |-wallpapers. | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.44 | Vopsitorious and | This class includes: | 45440000 | | | | | | | | | | indoor and outdoor painting of buildings; | | | | | | | | | | windows |-painting of civil engineering structures; | | | | | | | | | | | |-installation of glass, mirrors, etc. | | | | | | | | | This class does not include: | | | | | | | |-installation of windows (see class 45.42). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45.45 | Other works by | This class includes: | 45212212 | | | | | | | finishing |-installation of private pools; | and DA04 | | | | | | |-cleaning the exterior walls of buildings with | 45450000 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |-the other works of completion and finishing of | | | | | | | | | buildings unclassified elsewhere. | | | | | | | | | This class does not include: | | | | | | | |-cleaning the interior walls of buildings and ai | | | | | | | | | other constructions (see class 74.70). | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | 45.5 | | Renting | | 45500000 | | | | | | | | | | | | | | | | | construction or | | | | | | | | | demolition with | | | | | | | | | | | | | | ├ ----- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 45.50 | Renting | This class does not include: | 45500000 | | | | | | | | | equipment |-rental of cars and construction equipment | | | | | | | construction or | or demolition without operator | | | | | | | demolition with | (see class 71.32). | | | | | | | | | | | | └ ----- ----- -----; "--" -- "--" -- "--" -- "--" -- " Note
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* * 1) Commission Implementing Regulation (EU) No 3.037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1 1).
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+ Annex 2 List of activities provided in art. 10 10 para. ((1) *Font 8 * ┌ -------------------------- --------------------------------------------------------------------------- | | 1. Gas and thermal energy | (1) Are considered relevant activities in the field of gas and energy | | | thermal: | | a) the making available or the operation of fixed networks intended, | | the provision of public services in the field of production, transport or | | gas or heat distribution; | | | b) the delivery of gas or thermal energy through networks of the nature of the | | | provided at lit. a). | | | (2) It is not considered relevant activity in the meaning of par. ((1) | | | gas supply or thermal energy of fixed networks by a | | | contracting entity provided for in art. 10 10 para. ((1) lit. b) and c) of | | | law, which provides a service to the public, if they are | | | fulfilled, cumulatively, the following conditions: | | a) the production of gas or heat by the entity | | that contracting party is the inevitable consequence of the conduct of a | | activities other than those considered by the present law as being | | | relevante; | | | b) the delivery of gas and thermal energy through public networks is | | | intended only for the economic exploitation of such a production and | | | represents a maximum of 20% of the turnover of the contracting entity, | | | taking into account the average of the last 3 years, including the current year. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | Two. Electricity | (1) Are considered relevant activities in the field of electricity: | | a) the making available or the operation of fixed networks intended, | | the provision of public services in the field of production, transport or | | electricity distribution; | | | b) electricity delivery through networks of the nature of those mentioned in | | | lit. a). | | | (2) It is not considered relevant activity in the meaning of par. ((1) | | | electricity supply of fixed networks by an entity | | | contracting provided in art. 10 10 para. ((1) lit. b) and c) of the law, which | | | provide a service to the public, if they are satisfied, | | | cumulatively, the following conditions: | | | a) power generation by the contracting entity in | | the case is intended to carry out an activity other than those | | | considered by this law to be relevant; | | | b) electricity delivery through public networks depends only on consumption | | the respective contracting entity's own business and has not exceeded 30% of the | | total energy production of the respective contracting entity, holding | | | the average of the last 3 years, including the current year. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | 3. Water | (1) Are considered relevant activities in the field of water: | | a) the making available or the operation of fixed networks intended, | | the provision of public services in the field of production, transport or | | drinking water distribution; | | | b) providing drinking water to networks of the nature of those provided for in | | | lit. a). | | | (2) This law also applies to concession contracts awarded by | | | contracting entities carrying out an activity referred to in par. ((1) | | | and related to the following: | | | a) hydraulic engineering, irrigation or drainage projects, provided that | | | the volume of water for drinking water supply to represent May | | | much of 20% of the total volume of water provided by such | | | projects or irrigation or drainage installations; | | | b) discharge or treatment of sewage. | | | (3) It is not considered relevant activity in the meaning of par. ((1) | | | electricity supply of fixed networks by an entity | | | contracting provided in art. 10 10 para. ((1) lit. b) and c) of the law, which | | | provide a service to the public, if they are satisfied, | | | cumulatively, the following conditions: | | | a) the production of drinking water by the contracting entity concerned | | | aims to carry out an activity other than those considered by | | | present law as relevant; | | | b) providing drinking water to public networks depends only on consumption | | the respective contracting entity's own business and has not exceeded 30% of the | | total drinking water production of the respective contracting entity, | | | taking into account the average of the last 3 years, including the current year. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | Four. Transport | (1) It is considered relevant transport activity | | | making available or operating networks intended to provide a | | | public service in the field of rail transport, with systems | | | automatic, metro, tram, trolleybus, bus or cable. | | | (2) For the purposes of paragraph ((1), it is considered that there is a network for | | | the provision of transport services, if the operating conditions, | | | which can target routes to be served, transport capacity | | | to be provided or the frequency of the service, are predetermined | | | by a competent authority. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | Five. Ports and airports | Are considered relevant activities those activities that involve | | | exploitation of a geographical area for the purpose of making available | | | air carriers, maritime or river airports and a | | | maritime or river ports or other transport terminals. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | Six. Post | (1) It is considered relevant activity in the field of post provision | | | the following services: | | | a) postal services, i.e. services consisting of collection, sorting, | | | transport and delivery to recipients of postal items-| | | correspondence, books, catalogues, newspapers, periodicals, postal parcels containing | | | goods with or without commercial value-regardless of weight; | | | b) courier services management services, respectively services | | | stating and following dispatch, including management services of | | | correspondence; | | | c) services regarding postal items not included in lit. a), such as | | | direct mail advertising, which does not bear the address; | | | (2) The provision of services provided in par. ((1) lit. b)-c) enter | | | category of relevant activities only if the person concerned provides and | | | postal services within the meaning of paragraph ((1) lit. a) and only if | | | postal service activity is not directly exposed to competition according to | | | provisions of art. 35 of the law. | ├ -------------------------- ------------------------------------------------------------------------------------------- | | Seven. Oil and gas. Coal | For the purposes of this law, it is considered relevant activities and other fuels | activities related to the exploitation of a geographical area for the purpose of: | | a) extraction * 2) of oil and natural gas; | | b) prospecting and extraction of coal or other solid fuels. | └ -------------------------------------- --------------------------------------------------------------- Note
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* 2) For the purposes of this law, activities related to the exploitation of a geographical area for the purpose of oil and natural gas extraction include the production of crude oil or natural gas, as well as the development of the corresponding infrastructure for production future crude oil or natural gas.
The activities carried out for the purpose of exploring oil and natural gas are excluded from the applicability of this law include all the activities undertaken in order to verify that oil deposits and/or natural gas, their quantitative and qualitative assessment, as well as the determination of technical and economic recovery conditions.
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+ Annex 3 Services provided in art. 24 *Font 8 * ┌ -------------------------- --------------------------------------------------------------------------- | Description | CPV Code | ├ -------------------------- ------------------------------------------------------------------------------------------- | Health services, | 75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [Services of | social services and | household personal supply]; 79624000-4 [Personal insurance services | related services | healthcare services] and 79625000-1 [Personal insurance services | | | | medical] from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5 | | | and 98500000-8 [Private homes with staff employed] and 98513000-2 at | | | 98514000-9 [Workforce services for individuals, Services of | | | staff agencies for private individuals, Office staff services | | | for private individuals, Personnel services temporarily employed for | | | particularities, Home Support Services and Domestic Services] | ├ -------------------------- ------------------------------------------------------------------------------------------- | Social services | 5321000-5 and 85322000-2, 75000000-6 [Public administration services, de | administrative, defence and social security services], 75121000-0, 75122000-7, 75124000-1; from | | educational, services | 79995000-5 to 79995200-7; from 80000000-4 Education services and | Health and services | professional training at 80660000-8; from 92000000-1 to 92700000-8, | Cultural | 79950000-8 [Organization of exhibition, trade fair and congress services] | | | 79951000-5 [Seminar organization services], 79952000-2 [Services | | | for events], 79952100-3 [Event organization services | | | cultural], 79953000-9 [Organization of festival services], 79954000-6 | | | [Party organizing services], 79955000-3 [Organization services | | | fashion shows], 79956000-0 [Fairs organization services and | | | exhibitions] | ├ -------------------------- ------------------------------------------------------------------------------------------- | Insurance Services | 75300000-9 | Mandatory social | 3) | | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Allowance services | 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, | | | 75320000-5, 75330000-8, 75340000-1 | ├ -------------------------- ------------------------------------------------------------------------------------------- | Other Community Services, | 98000000-3, 98120000-0; 98132000-7; 98133110-8 and 98130000-3 | Social and personal | | | | including services provided | | | | trade union organizations, | | | | by political organizations, | | | of youth associations and | | | | various services rendered | | | associative organizations | | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Religious services | 98131000-0 | ├ -------------------------- ------------------------------------------------------------------------------------------- | Hotel services and | from 55100000-1 to 55410000-7; from 55521000-8 to 55521200-0 [55521000-8 | | Restaurants | Home catering services, 55521100-9 Delivery services a | | | home food, 55521200-0 Food delivery services], | | | 55510000-8 [Canteen services], 55511000-5 [Canteen and other services | | | cafe services with restricted clientele], 55512000-2 [Services of | | | canteens management], 55523100-3 [Restaurant services for schools], | | | 55520000-1 [Catering services], 55522000-5 [Catering services for | | | transport companies], 55523000-2 [Catering services for other | | | companies or institutions], 55524000-9 [School catering services] | ├ -------------------------- ------------------------------------------------------------------------------------------- | Legal services, in | from 79100000-5 to 79140000-7; 75231100-5 | the extent I'm not | | | excluded pursuant to art. 30 30 | | para. (3) of the law | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Other services | from 75100000-7 to 75120000-3; 75123000-4; from 75125000-8 to 75131000-3 | Administrative and Services | | | Government | | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Services provision | from 75200000-8 to 75231000-4 | | | | | | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Services related to | from 75231210-9 to 75231230-5; from 75240000-0 to 75252000-7; 79430000-7; | | prisons, security | 98113100-9 | | public and rescue, in | | | the extent I'm not | | | excluded pursuant to art. 30 30 | | para. ((1) lit. g) of the law | | ├ -------------------------- ------------------------------------------------------------------------------------------- | Investigation services | from 79700000-1 to 79721000-4 [Investigation and safety services, | | Safety | Safety Services, Alarm Systems Monitoring Services, | | | Security Services, Surveillance Services, Location Services, | | | Transfugitives location services, Patrol services, Services | | | release of identification badges, Investigation Services and Services | | | by detective agencies], 79722000-1 [Graphology services], 79723000-8 | | | | [Waste analysis services] | ├ -------------------------- ------------------------------------------------------------------------------------------- | International services | 98900000-2 [Services provided by organizations and bodies | | extraterritorial] and 98910000-5 [Organization-specific services and | | | international bodies] | ├ -------------------------- ------------------------------------------------------------------------------------------- | Postal services | 64000000-6 [Postal and telecommunications services], 64100000-7 [Services | | postal and courier], 64110000-0 [Postal services], 64111000-7 | | | [Postal and periodical distribution postal services], 64112000-4 | | | [Postal mail distribution services], 64113000-1 [Services | | Parcel distribution postage], 64114000-8 [Window services of | | | post offices], 64115000-5 [Rental of mailboxes], 64116000-2 | | | [Post-outstanding services], 64122000-7 [Courier and messaging services | | | internal in offices] | ├ -------------------------- ------------------------------------------------------------------------------------------- | Various services | 50116510-9 [Tyre resurgence services], 71550000-8 [Services of | | | hardware] | └ -------------------------- --------------------------------------------------------------------------- Note
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* 3) 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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