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Legal framework for public procurement

The legislation, institutions and procedures behind the data on this platform.

Every procurement published on this platform was awarded under a specific legal framework: a statute that sets the thresholds and the procedures, a regulator that monitors them, and a body that resolves complaints. This guide explains, briefly and with a link to the official text of each provision, how that framework works — from choosing the award procedure to modifying the contract, challenging the outcome and oversight.

The guide has six pages: the sources of the legislation and the institutions, procedures and value thresholds, framework agreements and direct purchases, contract modification and termination, complaints, and integrity and oversight. The figures they refer to most often are gathered below.

Key figures

The ceilings, thresholds and deadlines the guide's pages and this platform's indicators refer to most often. Values exclude VAT.

Rule Value Legal basis
Direct-purchase ceiling — goods and services / works 270,120 / 900,400 lei Legea 98/2016, art. 7 alin. (5)
Direct purchase only from the SEAP catalogue or with a public notice — above 200,000 / 560,000 lei Legea 98/2016, art. 7 alin. (7) lit. a)
Direct purchase after consulting at least three operators — above 140,000 / 300,000 lei Legea 98/2016, art. 7 alin. (7) lit. b)
EU Official Journal publication threshold — goods and services, central / local authorities 698,460 / 1,077,624 lei Legea 98/2016, art. 7 alin. (1)
EU Official Journal publication threshold — works 26,960,556 lei Legea 98/2016, art. 7 alin. (1)
Maximum duration of a framework agreement — classic / sectoral procurement 4 / 8 years Legea 98/2016, art. 115; Legea 99/2016, art. 128
Maximum price increase through modifications for additional works or unforeseen circumstances 50% Legea 98/2016, art. 221 alin. (4)
"De minimis" modification — goods and services / works 10% / 15% Legea 98/2016, art. 221 alin. (1) lit. f)
Deadline to file a complaint — above / below the EU threshold 10 / 7 days Legea 101/2016, art. 8
Standstill period before the contract is signed — above / below the EU threshold 11 / 8 days Legea 101/2016, art. 59
Deadline for CNSC to decide a complaint 20 (+10) days Legea 101/2016, art. 24
Bond for a complaint to CNSC 2% Legea 101/2016, art. 61^1
Administrative fine on the contracting authority 5,000–30,000 lei Legea 98/2016, art. 224

Sources of the legislation

The statutes, government decisions and EU directives that govern public procurement, plus the institutions that apply them.

Complaints and remedies

How a public procurement procedure is challenged: CNSC, the courts, deadlines, the bond and voiding the contract.

Integrity and oversight

The principles of award, conflicts of interest, ex-ante control by ANAP and ANI, audit and penalties.