Noutăţi aduse HG nr.925/2006 de HG nr. 834/2006
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Transcript Noutăţi aduse HG nr.925/2006 de HG nr. 834/2006
“Project Café”
July 21st, 2010, Craiova
1
GEO no. 76/2010 to amend GEO
no. 34/2006
2
Argument
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Abusive use of the legal dispute;
Necessity to diminish the large number of
complaints;
Impossibility to conclude the contract if the NCSC
decision/Court decision has been attached;
Avoid an inappropriate behaviour of the economic
operators that protract the way of conducting the
awarding procedure.
Definitions
Acceptance of the successful tender
communication the result of the awarding
procedure which from CA expresses its consent to
be legally engaged in a public procurement
contract that will be concluded with the tenderer
whose tender has been declared as successful
tender
4
Definitions
Tenderer
Any economic operator which has submitted
a tender until the stipulated time limit from
the notice/invitation for participation
5
Definitions
Waiting terms
Terms on covered by the art. 205 (1) and
art. 206 (3), after their fulfillment can be
concluded
the
contracts/framework
agreement within the provisions of the
present ordinance.
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Definitions
Terms calculation
Term in days= starts with the first hour of the first day and
it is over at the expired last hour of the last day from the
term; (the day with an event or the day when CA carries out an act will
not be calculated).
Note:
If the last day is a legal holiday, Sunday or Saturday, term is
over then the last hour of the next working day expires.
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Terms calculation - examples
Example : Submitting the complaint
Complaint act : Tender documentation, qualification requirements
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Publishing date of
the contract notice
July 12th, 2010
Estimated value of
the contract
4.250.000 €
Knowledge date
July 12th, 2010
Time limit
July 19th, 2010
Conclusion
July 20th, 2010 =
tardivă
Value threshold for contract notice in OJEU
The supply
Estimated value>
Services
Estimated value>
Works
Estimated value>
Directly financed
contract / subsidized
50 % by a CA
-
193.000 €
4.845.000 €
Awarded contract by
125.000 €
125.000 €
4.845.000 €
Awarded contract by
a CA lit.d - e
387.000 €
387.000 €
4.845.000 €
Concession contract
-
-
4.845.000 €
a CA lit. a-c
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Value threshold, request for tender
For the supply contract
e V ≤100.000 €
For the services contract
e V ≤ 125.000 €
For the works contract
e V ≤ 1.000.000 €
Note: The participation invitation shall contain information
regarding the financing source
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Annex 2 B – excepted servicies
Ensuring the implementation of the provisions from the present
ordinance:
Principles (NEW !!!)
Publication of the awarding notice in ESPP şi OJEU
AC lit.a – c Estimated value > 125.000 €
AC lit.d – e Estimated value > 387.000 €
Implementation of the provisions from art. 35 - 38
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NEW ! Guarantee for participation
The requirement of the guarantee for
participation is mandatory
Conditions : 1. The amount lump sum up to 2 % din eV
2. Minimum availability correlated with
the tender availability
(evaluation period + solving the compliant )
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Rules for participation
NEW !
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Economic operator has the obligation to
comprise the list of the
affiliated
undertakings, if it exists. In the tender
NEW !
NARMPP verifies the participation
invitation before publication
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Information notice
eV ≥ 750.000 €/ 12 months – Products with the same
CPV (xxx00000)
eV ≥ 750.000 €/ 12 months – Services 2 A from the
same category (1-16)
eV ≥ 4.845.000 €/ 12 months – Works
Note : eV is the same for the contracts and for the framework
agreement
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Media publicity contracts
Definition : a services contract for diffusion
advertisement or any other forms of
promotion by mass media (mass written,
radio, TV or electronic means)
The publication of the information notice/awarding notice at
cumulative values, without VAT > 15.000 €
(www.publicitatepublică.ro and CA webpage)
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Conflict of interests
NEW !
1. Have no right to be involved in the
verification/evaluation of the
tenders/candidatures:
The persons from CA that are, according to the
Law
no.161/2003 in conflict of interests (transparency exercising
the public dignities, public functions and in business, prevent and
punish corruption)
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Conflict interests
2. Excluded form procedure :
tenderer/candidates/associate
tenderer/subcontractors
which:
Are members of CA/head, shareholder/associates,
Husband/wife, relatives or in-laws up to IV degree, or
Involved in commercial relations with
the persons with decision capacity from CA
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Negotiation without publication of the
contract notice
NEW !
1. Amend art.122. lit. c)
CA has the right to issue a degree to start the services/works
at the same time with the procedure beginning.
2. Amend art.122 lit.i)
Addendum to the contract value with 20 %
Limit 50 % - is approved by the principal credit ordonateur
(explanatory note as part of the procurement folder)
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Framework agreement
CA has the right to finalize the awarding procedure:
Through concluding the framework agreement
Through annulment
if:
The number of qualified/selected economic operators and with
acceptable tenders
<
Minimum number from notice/participation invitation
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Electronic auction
The final stage of:
Open procedure
Restricted procedure
Negotiation with the publication of the contract
notice - art.110 lit.a)
şi art.251 (1)
Request for tender
Note: the electronic auction is being developed in one or more
successive round
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The personal situation of the
candidate/tenderer
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CA has the right to exclude for the procedure the
tenderer/candidate which :
Is declared in bankrupt through a decision of a syndic judge;
Presents false information or does not present the information
required by CA, for demonstrate the qualification and
selection criteria.
Technical and/or professional ability
The list of works carried out over the past five
years confirmed by certification of satisfactory
execution.
It contains:
Beneficiaries (private/public)
Value
Period şi place
Conformity with the professional standards from the field
If they were finished
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Tenders evaluation
In 20 days from the opening of the
tenders
The extension of this period can be done
only one time !
Attention ! The explanatory note regarding the extension,
part of the procurement folder
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The tender apparently with the lowest
abnormal price
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Represents less then 85% fron the estimated value
of the contract or,
If there are at least 5 tenders unacceptable and/or
irregular and the tender price represents less then
85% from the average score of the tenders without
considering:
- The lowest financial proposal, and
- The biggest financial proposal
The tender apparently with the lowest
abnormal price
Example: Contract estimated value100.000 lei
Value
(lei)
Tender 1
Tender 2
Tender 3
Tender 4
Tender 5
50.000
57.000
60.000
77.000
85.000
OK
OK
Average
score
(lei)
64.666
85 %
From the
average
score
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Conclusion
54.966
Price
justification
OK
OK
Annulment of the award
At contract award/framework agreement, through :
- Restricted procedure
- Competitive dialogue
- Negociation with the publication of the contract notice
If :
number of the selected candidate< minimum number from the
information notice
or:
The number of qualified economic operators and with
acceptable tenders for concluded the framework agreement
is
<
minimum
number
from
the
information
notice/participation invitation
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Annulment of the award
NEW !
Following the NCSC decision regarding :
- Removal of any technical, economical or financial
specifications, from the notice/invitation tender
documentation,
or
- Any other issued documents related to the tender
documentation
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Concession contracts
Awarding procedures:
Open procedure
Restricted procedure
Competitive dialogue
Negotiation with the publication of the
contract (art. 110 şi art. 251alin. (1))
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Complaints solving
NEW !
The submitted complaints through the
awarding procedure of the delegation
contracts to management a community
service for public utilities which from
the specific regulation refers to GEO no.
34/2006
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Complaints solving
If NCSC or Court receives any complaint, for which was not taken a
withdrawal act,
CA has the right to conclude the contract only after:
NCSC decision / Court decision
expiry of the waiting terms
Applicable for:
Contracts concluded after negotiation procedure without publication
Contracts subsequent of the framework agreement
Contracts concluded through dynamic procurement system
(if CA self willed published a notice/invitation in ESPP/OJEU and adopted by own initiative waiting terms )
31
Complaints solving
NEW !
The complainant has access to the awarding
procedure folder submitted by CA to NCSC,
except the technical proposals of the other
tenderers
Note: technical proposals of other tenderers are available only after a written
consent, the consent is annexed to the complainant`s request
32
Complaints solving
NEW !
CA has the right to send his point of view on
the complaint and the copy of the
procurement folder before the expire of the
waiting term.
33
Complaints solving
solving on the merits = 20 days since the
public procurement folder submission by CA
solving ground exception = 10 days since
the public procurement folder submission by
CA
Note : Only one extension is being admitted, with 10 days from the
initial term for solving the cases really motivated
34
Complaints solving
NCSC may:
observe the infraction of the GEO34/2006
provisions that are not stipulated in the complaint,
to NARMPP and CVUPP
NCSC may:
35
decide the contract awarding to a specific
economic operator
Complaints solving
NEW !
The complaint rejection by NCSC
CA reserves an amount from the participation
guarantee
If
Court admits the legal dispute against NCSC
decision
CA returns the amount in maximum 5 working days
from the Court`s decision
36
Complaints solving
Complaints awarding procedures for
services/works National interest transport
infrastructure
The Court with competences to solve the legal dispute
against NCSC decision
=
Appeal Court Bucharest
Note: the legal dispute against NCSC is taxed
37
NEW !
Execution, null, annulment, rezolution,
cancellation of the public procurement
contracts
First are being solved by the commercial
section of the Court from CA`s location area
38
Complaints solving
The decision of the Court may be appealed within
5 days.
The appeal is being judged by the case,
At the contentious-administrative and fiscal
section of the Court
At the commercial section of the Court
NEW ! The appeal does NOT suspend the execution
39
Contraventions
Shall be sanctioned with a fine between:
→ 20.000 – 40.000 lei instead 10.000 - 35.000 lei
→ 40.000 – 80.000 lei instead 35.000 – 70.000 lei
→ 80.000 – 100.000 lei instead 70.000 – 100.000 lei
NOTE: The amount from the sanctions represents income to the
state budget
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Annexes amendment
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The amendment of the Annexes no .2A and
no. 2B according to the provisions or the
Regulation (EC) no. 213/2008 regarding CPV
Transitional provisions
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The trials and the requests regarding the public procurement
that were being in the process of solving in Courts, at the
entry into force date of the GEO no. 76/2010, are still judged
in the conditions of the law in force at the start moment.
Starting with the entry into force data of the present
ordinance, to the solved appeals by the NCSC or the Court
from CA`s location area, the provisions of the GEAO no.
76/2010 are applied.