Public Procurement Law

Public procurement is a field of strategic importance, governed by complex and dynamic regulations, in which disputes are urgent in nature and require specialized technical expertise.

What services do we offer in the field of public procurement law?

This field is characterized by technical complexity, strict procedural deadlines, and a constantly evolving regulatory framework.
 

Challenge before the administrative litigation court

This action allows for full judicial review of the legality of administrative acts issued within the public procurement procedure (namely challenges against the award documentation, the outcome of...read more the procedure following the admission or exclusion of tenderers, the evaluation of bids, etc.).

Application for suspension of the procedure

It is an interim measure that may be requested from the court in order to prevent the award or performance of a contract affected by unlawfulness. It may be filed together with the main action or...read more separately and requires proof of a serious and imminent harm. The suspension may be ordered until the final resolution of the case, subject to the payment of a security deposit.

Disputes regarding the performance or amendment of the contract

These disputes arise after the conclusion of the contract and may concern: delays in performance, failure to fulfil contractual obligations, unlawful amendments or abusive termination of...read more the contract, as well as inconsistent interpretation of contractual clauses.

Action for the annulment of a public procurement contract

When the award of a contract has been carried out in serious breach of the applicable legislation (for example, without observing the principles of transparency or equal treatment), any interested person may request the annulment of the contract before the court, in accordance with...read more Law no. 101/2016, or seek a declaration of absolute nullity for reasons of substantive unlawfulness, the action being subject to specific statutory time limits.

Action for damages under the public procurement contract

The economic operator/contracting authority harmed by the non-performance, improper performance, or abusive termination of the contract may bring an action for damages based on...read more contractual liability. Compensation may be claimed for both the actual loss suffered and the loss of profit, on the basis of relevant evidence.

Action against an unlawful direct procurement

Even though the legal regime governing direct procurement is more flexible, it does not exempt the contracting authority from complying with the principles of legality and transparency. In situations ...read more such as artificial splitting of the procurement, preferential awards, or lack of minimum publicity, a direct action may be brought before the administrative litigation court seeking: annulment of the contract, a declaration of the unlawfulness of the procedure, and the award of damages.

Frequently Asked Questions – Public Procurement Litigation

Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.

01

Under what conditions can I challenge the documentation of a public procurement procedure?

The award documentation may be challenged when it contains unclear, unjustifiably restrictive, discriminatory provisions, or clauses contrary to the principles of public procurement.

The challenge may be filed either with the National Council for Solving Complaints (CNSC), within 10 days from the publication of the documentation or from receipt of the response to a clarification request, or directly before the administrative litigation court, at the tenderer’s option.

The posting of a security deposit is required, and in both cases it is recommended to submit concrete evidence demonstrating the unlawful or restrictive nature of the requirements.

02

Can I challenge the outcome of the procedure if my bid was rejected or another tenderer was awarded the contract?

Yes. You are entitled to challenge the outcome of the procedure if you consider that the rejection of your bid or the designation of another tenderer as the winning bidder was carried out in breach of the applicable legal provisions.

The challenge may be filed with the National Council for Solving Complaints (CNSC) within 10 days from the notification of the procedure’s outcome. Alternatively, or if the CNSC rejects the challenge, you may lodge a complaint before the competent administrative litigation court.

03

What can I do if the National Council for Solving Complaints (CNSC) rejects my complaint?

You have the right to file a complaint with the administrative litigation court within 10 days from the communication of the CNSC decision. The court will examine the case on the merits and may order the annulment of the CNSC decision and of the contracting authority’s acts if it finds them unlawful.

04

Can I suspend the public procurement procedure until the dispute is finally resolved?

Yes. Pursuant to the provisions of Law no. 101/2016, you may request the judicial suspension of the procurement procedure if there is a risk of serious and imminent harm.

The application may be filed together with the challenge or separately and is examined by the court on an expedited basis. Suspension may be ordered on a provisional basis or for the entire duration of the dispute, depending on the circumstances, subject to the payment of a security deposit.

05

Can I challenge a direct procurement that was unlawfully awarded to another economic operator?

Yes. Although direct procurements are subject to a simplified legal regime, they may be challenged when carried out in breach of the principles of transparency, legality, and equal treatment (e.g., unjustified splitting of contracts to avoid a competitive procedure, lack of publicity, favoring a specific economic operator, etc.).

In such cases, a direct action may be brought before the administrative litigation court, without the need to first file a complaint with the CNSC. The claimant may seek: annulment of the unlawfully concluded contract, compensation for the damage suffered, and a finding that the contracting authority breached its legal obligations.

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