By Sorin Strătulă (Managing Partner)
1. Applicable legal provisions1
The applicable and reviewed legal provisions are:
- Government Emergency Ordinance no. 34/2006, on the awarding of public procurement contracts, public works concession and service concession contracts (Official Gazette no. 418/15.05.2006 (“GEO 34/2006”);
- Government Decision no. 925/2006, on the methodological norms for application of GEO 34/2006 , published in the Official Gazette nr.625/20.07.2006, as amended and supplemented (“GD 925/2006”);
- Order no. 155/2006, approving the guidelines for the award of public acquisition contracts , published in the Official Gazette no. 894/02.11.2006;
- Government Decision no. 71/2007, approving the Norms for the implementation of provisions relating to the award of public works concession and services concession contracts provided by GEO 34/2006 regarding the award of public procurement contracts, public works concession and services concession contracts, published in the Official Gazette nr.98/08.02.2007 (“GD 71/2007”);
- Order no. 26/2007, approving the Regulation on supervision of the award of public procurement contracts published in the Official nr.102/09.02.2007;
- Regulation of the European Parliament and the Council no. 2195/2002, on the Common procurement vocabulary (CPV).
2. Legal analysis
The necessary documentation, steps and the procedure for awarding contracts for concession services. “Services” may be subject to completion of service concession contracts with contracting authorities concerned. The service concession contract represents the contract with pecuniary interest concluded in writing, according to which the contractor in return for services rendered, as concessionaire, receives from the contracting authority, as a conceder, the right to exploit services on a fixed term or this right is accompanied by payment of a predetermined amount of money.
1. This article does not represent, and cannot be considered as, a legal opinion rendered within a client-attorney relationship. As well, this article took into consideration the contents of GEO 34/2006 as they were in force at the date it was prepared (end of 2007) and therefore some of the information contained herein might not be up to date. For updated information and an attorney-client assistance please contact us.
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Overview of the Romanian main legislation on awarding contracts for concession of services