Public procurement expert

2020, the year of public procurement during the pandemic with the new coronavirus COVID-19

1. Changes and legislative initiatives in the field of public procurement and their impact on public procurement
GEO no. 23/2020 for the modification and completion of some normative acts with impact on the public procurement system;
Decree of the President of Romania no. 195/2020 on the establishment of the state of emergency on the territory of Romania;
Decree of the President of Romania no. 240/2020 regarding the extension of the state of emergency on the Romanian territory;
GEO no. 70/2020 regarding the regulation of some measures, starting with May 15, 2020, in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, for the extension of some terms, for the amendment and completion of Law no. 227/2015 on the Fiscal Code, of the National Education Law no. 1/2011, as well as other normative acts;
Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic;
Other amendments and legislative initiatives in the field of public procurement.
2. Ways of carrying out public procurement in a state of emergency or in a state of alert (analysis and follow-up related to the situation created by the COVID-19 coronavirus)
The need and the method of calculating the estimated value of the acquisition generated by the need;
Competitive award procedures versus circumstantial award procedures;
The manner of making direct acquisitions, in relation to value thresholds regulated by the relevant legislation;
Negotiation without prior publication of a contract notice initiated for reasons of extreme urgency and the fairness of its completion by awarding a framework agreement;
Carrying out public procurement related to phrases such as “materials and equipment necessary to combat this epidemic / pandemic”;
Contractual changes to public procurement contracts;
How to calculate the estimated value of the procurement when it involves 1) design services and technical assistance from the designer and 2) works;
Acquisitions financed with European funds.
3. Discussions and solutions related to practical cases presented by students

Legal aspects regarding the development of the procedures for awarding public procurement contracts

1. Award procedures regulated by law – Rules of publicity and transparency; Qualification and selection criteria:
Open auction;
Restricted auction;
Competitive negotiation;
Competitive dialogue;
Partnership for innovation;
Negotiation without prior publication;
Solution contest;
Award procedure applicable to social and other specific services;
Simplified procedure.

2. Evaluation of offers
National and European framework;
General principles regarding the evaluation of offers;
Relevant elements regarding the evaluation of offers.
3. Remedies and remedies for the award of public contracts
National and European framework;
Purpose and origin of European regulation;
Founding principles;
Factors generating disputes at national level;
Types of litigation in public procurement;
Competence regarding the award of contracts;
Judicial appeals;
Complaint against the CNSC decision
4. Discussions and solutions related to practical cases presented by students

I am Petre Tănase, collaborating lawyer within CEPARU AND IRIMIA – Professional Civil Law Society, and my presence in the field of public procurement began in 2005, when I was trying to unravel the “secrets” of the admissibility of offers as a member of evaluation committees or expert co-opted into them.
The experience gained during more than 15 years of activity covers the entire activity related to the field of public procurement, including the representation component before the courts of the contracting authorities, but also of the economic operators in the litigations regarding the public procurements.
I like what I do and I hope that, together, we will find an answer to the unknowns of a field that is as beautiful, as “tangled” and subject to different interpretations.

I’m Eduard Badea, a lawyer who became a “regulator” and, later, a consultant in the field of public procurement, a field to which I have dedicated 17 years of my life (mostly within the National Agency for Public Procurement, until 2019) and I’m not going to stop here.
I strongly believe that those who work in this field of public procurement, an extremely sensitive field and subject to various pressures, must be informed and be constantly informed, in order to be prepared in any way, for which they are always ready to help me. they make available, with pleasure, the baggage of knowledge accumulated in the matter, from a theoretical and practical point of view.
If you are ready to talk “with the books on the table” and find solutions to your problems in this field so tried, even if it sometimes involves a painful truth, you know what to do.