TRESOR QUESTIONS
Question no.1
How many of the 8 digits corresponding to each CPV numerical code are taken into consideration in order to estimate the total value of the public procurement contracts, value which will be compared with the limits stipulated by the public procurement laws regarding the awarding procedures?

Answer no.1
According to G.E.O. 925/2006, art. 4, the contracting authority has the obligation of establishing the annual program.
The object of the public procurement contract is matched with the grouping and coding system used in the Common Procurement Vocabulary (CPV). This is done by matching the product, service or work to the corresponding 8 digits code that describes most accurately the product, service or work in the matter.
If the level of CPV accuracy is insufficient for describing the needs of the contracting authority, than it has to refer to the division, group, class or category that better describes the object of the procurement. (a general code that may be recognizable by the fact that it has a lot of zero’s at its end)
For example:If a contracting authority wishes to purchase road transport services adapted for fragile technological equipment, the CPV codes that could interest the contracting authority are:
- Division 60 000000 Terrestrial and tube transport services
- Group 601 00000 Terrestrial transport services
- Class 6012 0000 Merchandise terrestrial transport services
[…]
- Category : 60122000
- 60122100 Merchandise terrestrial transport services with specialized vehicles
- 60122110 Transport services with frigorific vehicles
- 60122120 Transport services with tank trucks
- 60122130 Transport services with vehicles adapted to bulk merchandise
- 60122140 Transport services with port container
- 60122150 Transport services with furniture transport vehicles
- 60122160 Safety transport services
- 60122170 Medical transport services In this situation, the contracting authority must choose 60122100 “Merchandise terrestrial transport services with specialized vehicles” since none of the codes that follow does not fully correspond its needs of procurement. If the case, the contracting authority could also use the supplementary vocabulary for a most accurate definition for the object of the contract.
The reason for which very specific CPV codes have to be used, stays in overcoming the linguistic barriers between the contracting authorities and the tenderers, so that the information regarding the object of the contract is accessible and accurate also for tenders that speak other languages, making sure that the non-discrimination and transparency principles are respected. A code that is too general would not specify clearly enough what the contracting authority wants to purchase.
In view of the above, after matching with the most specific CPV code (the less zero’s at the end, the better), the value of the contract is estimated, obeying the rules stipulated in Chapter I, Section 2 of G.E.O. no. 34/2006, following that, depending on the estimated value, the awarding procedures are chosen.
In addition to this, it must be said that in the situation where the object of the contract includes products, services, works matched with different CPV codes, the awarding procedure is chosen depending on their cumulated value.

Question no.2
Do the contracts that have as object purchasing or lending existing real-estate, obey the inforced legal provisions regarding public procurement?

Answer no.2
The G.E.O no. 34/2006 regulates the award of the products supply contracts and not those of purchasing existing real-estate.
On the other hand, as art. 13, letter a) of G.E.O. no. 34/2006 states: “This law shall not apply for the awarding of public procurement service contract that:
a) has as object the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or the rights thereon. The awarding of contracts for procurement of financial services, that are concluded irrespective of their form, related to the purchasing or renting contract, shall be subject to this law;”
In view of the above, it can be appreciated that the award of a contract having as object the purchase of an existing real-estate, by the contracting authority, is not regulated by the legal provisions of G.E.O no. 34/2006 regarding the award of public procurement contracts.
Therefore, awarding such a contract is done in conformity with the legal provisions of the G.E.O. no. 925/2006, art. 2, Paragraph 2: “In the case of contracts whose award does not submit to the legal provisions of the G.E.O., the contracting authority has the obligation of insuring an efficient usage of the funds in the awarding process, of promoting competition among economic operators and of guaranteeing non-discrimination, reciprocal acknowledgement and equal treatment of the economic operators that participate to the contact award.”
Completing the above, it can be mentioned that according to art. 13, letter a) of the G.E.O. no.34/2006, as it was modified through Law 337/2006, if the contracting authority awards financial services contracts, which are concluded, regardless the form, in connection with the purchasing or lending contract, it has the obligation of submitting them to the legal provisions of the ordinance.

Question no.3
What is the manner in which is calculated the value of a contract having as object purchasing food tickets?

Answer no.3
In conformity with art. 5, paragraph (1) of the G.E.O no. 34/2006 approved with modifications and supplements through Law 337/2006, the public supply contract is the public procurement contract, other than the public works contract, which has as object the supply of one or more products, through purchasing, renting or hire purchase, leasing, with or without the option to buy.
In conformity with art. 6, paragraph (1) of the G.E.O no. 34/2006, the public service contract is that public procurement contract, other than public works contract or public supply contract having as object the execution of one or more services, so these are provided for by Annex 2A and 2B.
According to the provisions of art. 7 of the G.E.O no. 34/2006, the public procurement contract that has as object supplying both products and services is considered to be:
a) supply contract, if the estimated value of products is higher than the estimated value of services provided in the respective contract;
b) services contract, if the estimated value of the services is higher than estimated value of the products provided in the respective contract.
According to the provisions of art. 25, paragraph (1), the contracting authority has the obligation to estimate the value of the public procurement contract on the basis of calculation and addition of all payable amounts for carrying out the respective contract, without VAT, taking into account any form of option and any eventual renewals or increase of contract value insofar as these can be anticipated at the estimation time.
According to art. 4 of Law no. 142/1998 regarding the award of food tickets, “the employer who purchases the necessary of food tickets directly from an issuing unit, pays the nominal value of the food tickets as well as the printing cost representing the food ticket.”
In conformity with art.3 letter .b) from G.E.O. no.5/1999 concerning the application norms of the Law 142/1998 regarding the award of food tickets, “the food tickets procurement contract concluded between the employer and the issuing units, will include clauses referring to the printing cost representing the food ticket.”
In conformity with art.6 paragraph (4) from Law no.142/1998 concerning the award of food tickets “the food tickets may be utilized in public alimentation units, canteen-restaurants, buffets, with which the issuing units have concluded contracts.”
In conformity with art.7 paragraph (1) from Law no.142/1998 concerning the award of food tickets, “the employer together with the legal constituted trade-unions, or where a trade-union is not present, with the employees representative, set up, by common agreement, the food tickets issuing units with which they will contract the rending of the corresponding services.
Therefore, it can be appreciated that the issuing units of food tickets sell not only a product, a print, but a service too, which consists of insuring the functioning and the security of the entire system.
Consequently, in what concerns the estimated value of a public procurement contract for food tickets, this will be established for the prints realization as well as for the services which consists of insuring the functioning and the security of the entire system, and will not include the nominal value of the ticket.

Question no. 4
How does one calculate the waiting term for concluding the public procurement contract?

Answer 4:
In compliance with the provisions of article 205 of the GEO 34/2006,
“(1) The contracting authority has the right to conclude a public procurement contract during the validity of the tenders, but only after completing the deadline of:
a) 15 days from the transmission date of the communication regarding the result of the procedure, according to the provisions of art. 206 - 207, in the case when the public procurement contract value is higher than the thresholds provided for by Article 124;
b) 7 days from the transmission date of the communication regarding the result of the procedure, according to the provisions of art. 206 - 207, in the case when the public procurement contract value is lower than the thresholds provided for by Article 124.
(2) The Public procurement contract concluded before the time limit provided by paragraph (1) is null and void.
(3) In the case provided by art. 122 let. c) and art. 252 let. c), the contracting authority does not have the obligation provided by paragraph (1).
(4) The provisions of the present article will apply accordingly for the awarding of the contracts stipulated in Chapter VII.”
By interpreting this article, it can be observed that the contracting authority has the obligation of waiting, before concluding the contract, 15 days or 7 days, according to the contract value.
The terms, expressed in days, start with the first hour of the first day of the term and finish at the expiration of the last hour of the last day of the term.
According to article 206 of GEO 34/2006, with the subsequent amendments and supplements:
“(1) The contracting authority has the obligation to inform the candidates/tenders in written form, as soon as possible but no later than 3 days about the decisions regarding the awarding of the public procurement contract, the conclusion of a framework agreement, the admittance into a dynamic purchasing system, or, by case, the annulment of the awarding procedure and eventual recommence of a new procedure or implementing a dynamic purchasing system.
(2) The communication provided for by paragraph (1) shall be sent also by fax or by electronic means.
(3) In case where the contracting authority does not send the communication also by fax or by electronic means, then the periods provided in article 205 paragraph (1) shall be increased with 3 working days.”
Therefore, if the contracting authority does not send the communication regarding the result of the applied procedure also by fax or by other electronic means, the time periods stipulated at article 205, par. (1) (15 or 7 calendar days) increases with maximum 3 days.

Question 5
The manner of establishing the minimum terms for submitting the tenders

Answer 5
1. Open procedure:I. Estimated value of the contract over thresholds:
a) 125.000 for services, products (the contracting authority matches the provisions of art. 8, let. a)-c) of GEO no. 34/2006);
b) 420.000 for services products (the contracting authority matches the provisions of art. 8, let. d), e) of GEO no. 34/2006);
c) 5.000.000 for works.
1. Rule: at least 52 days between the date when sending the contract notice for publication to the O.J.E.U. and the deadline for submitting the tenders.
2. a) there is a published prior information notice: 36 days
b) the contract notice has been sent for publication to the OJEU in electronic format (-7days):
52 – 7 = 45 days (without prior information notice, with a contract notice sent in electronic format to the OJEU)
36 – 7 = 29 days (with prior information notice, with a contract notice sent in electronic format to the OJEU)
c) the tender documentation is published in the SEAP (-5 days):
52 – 5 = 47 days (without prior information notice, with the tender documentation published in the SEAP)
45 – 5 = 40 days (without prior information notice, with a contract notice sent in electronic format to the OJEU, with the tender documentation published in the SEAP)
29 – 5 = 24 days (with prior information notice, with a contract notice sent in electronic format to the OJEU, with the tender documentation published in the SEAP)II. The estimated value of the contract is under the thresholds: ‚(125 000, 420 000, 5 000 000)
1. Rule: at least 28 days between the date when sending the contract notice for publication to the O.J.E.U. and the deadline for submitting the tenders.
2. If the tender documentation is published in the SEAP (-5days): 28-5=23 days2. Restricted procedure1) SUBMITTING CANDIDATURES
a) 125.000 for services, products (the contracting authority matches the provisions of art. 8, let. a)-c) of GEO no. 34/2006);
b) 420.000 for services products (the contracting authority matches the provisions of art. 8, let. d), e) of GEO no. 34/2006);
c) 5.000.000 for works.
1. Rule: at least 37 days between the date when the contract notice is sent for publication to the OJEU and the dateline for submitting candidatures
2. Emergency: no less than 15 days between the date when the contract notice is sent for publication to the OJEU and the dateline for submitting candidatures
3. the contract notice has been sent for publication to the OJEU in an electronic format ) -7days, -5day): 37 – 7 = 30 (with a prior information notice sent in an electronic format to the OEJU)2) SUBMITTING TENDERS
I. The estimated value of the contract is over the thresholds:
a) 125.000 for services, products (the contracting authority matches the provisions of art. 8, let. a)-c) of GEO no. 34/2006);
b) 420.000 for services products (the contracting authority matches the provisions of art. 8, let. d), e) of GEO no. 34/2006);
c) 5.000.000 for works.1. Rule: the invitation for participation to be transmitted at least 40 days before the deadline for submitting the tenders.
2. a) there is a published prior information notice: 36 days, no less than 22 days
b) if the tender documentation is published in the SEAP (-5day): 22 – 5 =17 days
3. Emergency: no less than 12 days ( if the deadline cannot be respected: 22, 17 days)3) Competitive dialogue
1) SUBMITTING CANDIDATURES
I. The estimated value of the contract is over the thresholds:
a) 125.000 for services, products (the contracting authority matches the provisions of art. 8, let. a)-c) of GEO no. 34/2006);
b) 420.000 for services products (the contracting authority matches the provisions of art. 8, let. d), e) of GEO no. 34/2006);
c) 5.000.000 for works.1. Rule: at least 37 days between the date when the contract notice is sent for publication to the OJEU and the dateline for submitting candidatures
2. The contract notice has been sent for publication to the OJEU in electronic format (-7days): 37 – 7 = 30 days
II. The estimated value is below the thresholds: (125 000, 420 000, 5 000 000)
1. Rule: at least 30 days between the date when the contract notice is sent for publication to the OJEU and the dateline for submitting candidatures 2) DIALOGUE – The contracting authority has the obligation of sending, the same time, an invitation for participation to the second stage of competitive dialogue procedure to all the admitted candidates.
3) SUBMITTING TENDERS
The contracting authority has the obligation to send the invitation to submit the final tender with a sufficient number of days before the deadline of tender submission so that each selected participant to benefit of a reasonable period for elaborating the final tender. The period granted for elaborating the final tender must not be smaller than the minimum period commonly agreed with the selected participants during the carrying out of the two stages of the competitive dialogue procedure.

Negotiation with publication.
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