The course is aimed at those who want to acquire skills in managing public procurement procedures. Emphasis is placed on developing skills in understanding and applying legislation, making the right decisions taking into account legislation, knowing and applying good practices, strategic planning and organization, identifying risks and taking measures to limit them.
The course provides a complete and complex framework for understanding the field of public procurement by proposing a series of practical applications made in mixed teams that include both bidders and contractors.
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:
Partnership for innovation;
Negotiation without prior publication;
Award procedure applicable to social and other specific services;
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;
Factors generating disputes at national level;
Types of litigation in public procurement;
Competence regarding the award of contracts;
Complaint against the CNSC decision
4. Discussions and solutions related to practical cases presented by students