Romanian Public Procurement SystemTHE NATIONAL AGENCY FOR PUBLIC PROCUREMENT

www.anap.gov.ro

Institutionalsystem

The National Agency for Public Procurement – regulating(legislative function) body, providing advisory andoperational support, ex-ante (tender documentation andtenders’ evaluation process) and ex-post verifications,monitoring and international representation;

The National Council for Solving Complaints – non-judiciary,administrative first instance solving complaints lodgedagainst public procurement procedures;

The Romanian Agency for Digital Agenda (Ministry forCommunication) – operator of the Electronic System forPublic Procurement (ESPP);

Courts of Appeal – second instance for solving complaints.

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About the National Agency For Public Procurement

Following the recommendation of the European Commission, theNational Authority for Public Procurement (NAPP) was set up bythe Romanian Government in May 2015 by merging formerUCVAP (structure entitled to verifying the procedural aspectsrelated to the award process of procurement contracts) andANRMAP (current NAPP) under the authority of the Ministry ofPublic Finance, as the main institution to oversee the managementof public investment and to ensure the quality of public spending.

The responsibilities of the newly created institution are: policyand law making, guidance, help-desk and operational support, ex-ante control, monitoring and supervision of the publicprocurement system.

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Main objectives

Ensuring a coherent and harmonized legal framework in the fieldof public procurement in line with the obligations derived fromthe application of the EU DirectivesImplementing a proper verification system to ensure the unitary

application of the legal provisions and procedures by thecontracting authoritiesEnsuring an efficient system of public procurement and

supervising its functionalityEnsuring a permanent communication channel with the structures

within the European Commission, the correspondent publicinstitutions from the Member States and with the national bodiesof public interest

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THE NATIONAL AGENCY FOR PUBLIC PROCUREMENT

E.S.P.P

System participants: economic operators

N.A.P.P.

System participants: contracting authorities

Awarding procedures

N.C.S.C. /Courts of Appeal

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Nationallegislation regulating public procurement

Primary legislation - E.G.O. no. 34/2006 on theaward of public procurement contracts, publicworks concession contracts and servicesconcession contracts, with subsequentamendments and supplements;Secondary legislation - G.D. no. 925/2006 –

methodological norms for applying E.G.O. no.34/2006; Tertiary legislation (orders issued for applying

the secondary legislation/operational instruments– standardized documentation)

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Principles governingthe awarding process

Non-discriminationEqual treatmentMutual recognitionTransparencyProportionalityEfficient use of fundsAccountability

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Transparency

All contract, participation and award notices are submittedby the contracting authorities for publication in:

ESPP (Electronic System for Public Procurementaccessible online at www.e-licitatie.ro – singleelectronic platform available at the national level)

Official Journal of the European Union - for contractswith values above the thresholds of EU Directives

! The tender documentation will be fully published in ESPP! NAPP evaluates tender documentation before publication in

the ESPP of the contract/participation notice! The ESPP operator doesn’t have the right to publish the notice

and transmit it for publication to the OJEU without theNAPP approval

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Transposition of the newEuropean Directives

Legislative structure:

Primary legislation

Law for classic PP (transposing Directive 2014/24/EU of the EuropeanParliament and of the Council of 26 February 2014 on public procurement andrepealing Directive 2004/18/EC )

Law for utility contracts (transposing Directive 2014/25/EU of the EuropeanParliament and of the Council of 26 February 2014 on procurement by entitiesoperating in the water, energy, transport and postal services sectors and repealingDirective 2004/17/EC)

Law for concession contracts (transposing Directive 2014/23/EU of the EuropeanParliament and of the Council of 26 February 2014 on the award of concessioncontracts)

Remedies’ law

! Unlike previous European Directives on public procurement that weretransposed at the national level into a single law, these new Directives aretransposed distinctively, each Directive having its own correspondent law

Secondary (methodological norms) and

Tertiary legislation (orders issued for applying the secondary legislation/operationalinstruments/guidelines) – standardized documentation

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Status of transposition

Primary legislationThe laws are on the agenda of the Chamber ofDeputies- Romania. The estimated time for thefinal vote would be in May 2016.

Secondary (methodological norms)NAPP has launched the preparation of the draftsand preliminary public consultation.

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Action Plan 2015vs.Achievements2015

1) Adopt the National Strategy on PublicProcurement and related action plan byautumn Y2015.Status: The National Strategy on PublicProcurement was approved by G.D. no. 901on October 27, 2015.

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About theNational Strategy on Public Procurement

The National Public Procurement Strategy provides a comprehensiveroadmap for the reforms in public procurement and enables the Governmentof Romania, through Ministry of Public Finance - National Agency forPublic Procurement to initiate and perform sequential and sustainedmeasures for bringing in good governance and strengthening theprocurement systems.

The reform of the Romanian Public Procurement System engages theGovernment of Romania and all relevant stakeholders with the scope ofdriving improvements in the public procurement which are included in thePublic Procurement Strategy as well as building on existing strengths andeliminating identified shortcomings, including risk areas for corruption andconflict of interest and move procurement policy and practice to a strategicapproach. The exercise of PP Strategy elaboration involved an assessment ofexisting procurement structures, policies, procedures and skills. Followingthe assessment process, appropriate procurement policy, procedures andpractices were identified, which are expected to lead to (best) value formoney outcomes over time.

Therefore, the Strategy is to be implemented via improvements of theRomanian Public Procurement System functions, adopting optimalprocurement structures, effective purchasing policies and procedures as wellas the professionalization of public procurement staff.

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Action Plan 2015vs.Achievements2015

2) Transpose the new EU Directives in the nationallegislation by March, 2016 in line with theNational Public Procurement Strategy.Status: The laws transposing the EuropeanDirectives were debated at the level of theChamber of Deputies - Romanian Parliament onApril 18, 2016. Their final vote is envisaged to takeplace in May 2016, being subject on the workingagenda of the Chamber of Deputies.Following the approval by the Parliament, thelegislative package will be submitted to thePresident of Romania for enactment and publishedin the Official Journal.

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Thank you!THE NATIONAL AGENCY FOR PUBLIC

PROCUREMENTBogdan Pușcaș – President

bogdan.puscas@anap.gov.roLaura Popescu – Deputy Secretary General

laura.popescu@anap.gov.roMay 2016

www.anap.gov.ro