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Public procurement. Theoretical and applied foundations - Ileana-Sorina Rákos
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ISBN: 978-606-28-1391-8
DOI: https://doi.org/10.5682/9786062813918
Publisher year: 2021
Edition: I
Pages: 240
Publisher: Editura Universitara
Author: Ileana-Sorina Rákos
Product Code:
9786062813918
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The Public Procurement book is aimed at all those who want to get started in the field of public procurement, but especially students. Relating to the university need, the book offers theoretical and applied foundations in the field of public procurement.
Being structured in a logical order of conducting a public procurement procedure, the Public Procurement book explicitly and accessible deals with the purpose, object, principles and procedures applicable to the field of public procurement, the elaboration of the public procurement contract and its implementation and last but not least. , setting up and archiving the public procurement file.
The book is a synthesis of the new European framework on public procurement transposed by the national legislator, in 2016, through the four normative acts issued at law level: Law 98/2016 on public procurement with subsequent additions and amendments, Law 99 / 2016 on sectoral procurement, Law 100/2016 on works and service concessions, Law 101/2016 on remedies and remedies for the award of public procurement contracts, sectoral contracts and works concession contracts and services, as well as the organization and functioning of the National Council for Solving Appeals.
The author's intention is to meet the needs of those interested in knowing the legal framework underlying the conduct of public procurement procedures, to help acquire the knowledge necessary for planning, organizing, preparing, and conducting public procurement procedures and to facilitate the identification of solutions. to the current problems faced by the beneficiaries in the implementation of public procurement contracts.
This book aims to provide all practitioners and especially students with the most effective ways to understand and deepen a wide range of public procurement issues, to form a logical and independent thinking on public procurement, and the skills needed to use the public procurement system. public procurement within economic entities.
Author
Being structured in a logical order of conducting a public procurement procedure, the Public Procurement book explicitly and accessible deals with the purpose, object, principles and procedures applicable to the field of public procurement, the elaboration of the public procurement contract and its implementation and last but not least. , setting up and archiving the public procurement file.
The book is a synthesis of the new European framework on public procurement transposed by the national legislator, in 2016, through the four normative acts issued at law level: Law 98/2016 on public procurement with subsequent additions and amendments, Law 99 / 2016 on sectoral procurement, Law 100/2016 on works and service concessions, Law 101/2016 on remedies and remedies for the award of public procurement contracts, sectoral contracts and works concession contracts and services, as well as the organization and functioning of the National Council for Solving Appeals.
The author's intention is to meet the needs of those interested in knowing the legal framework underlying the conduct of public procurement procedures, to help acquire the knowledge necessary for planning, organizing, preparing, and conducting public procurement procedures and to facilitate the identification of solutions. to the current problems faced by the beneficiaries in the implementation of public procurement contracts.
This book aims to provide all practitioners and especially students with the most effective ways to understand and deepen a wide range of public procurement issues, to form a logical and independent thinking on public procurement, and the skills needed to use the public procurement system. public procurement within economic entities.
Author
-
Public procurement. Theoretical and applied foundations
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ILEANA-SORINA RAKOS, University Lecturer Doctor Economist
Preface / 9
Introduction / 11
Chapter 1. General notions regarding the public procurement system. Legislative framework applied in the field of public procurement / 13
1.1. Domain and purpose of applying the legislation specific to public procurement / 13
1.2. European legislation. National legislation / 17
1.3. Code of ethical conduct applicable in the field of public procurement / 20
1.4. Rules of ethical conduct applicable to the field of public procurement. Fundamental principles / 21
1.5. Categories of contracts and value thresholds specific to the field of public procurement / 25
Bibliographic references / 27
Chapter 2. The public procurement contract / 28
2.1. The concept and features of the public procurement contract / 28
2.2. Principles underlying public procurement contracts / 32
2.3. Parties to the public procurement contract / 35
2.4. Types of public procurement contracts / 37
2.5. Defining the concept of a framework agreement / 39
Bibliographic references / 40
Chapter 3. General rules applicable to the field of public procurement / 41
3.1. General rules on economic operators / 41
3.2. Rules for avoiding conflict of interest / 44
3.3. Rules applicable to communications / 46
3.4. Rules of publicity and transparency / 48
Bibliographic references / 53
Chapter 4. Specific tools and techniques for awarding public procurement contracts / 55
4.1. Guarantee of participation / 55
4.2. Guarantee of good execution / 58
4.3. Single European Procurement Document (DUAE) / 61
4.4. E ‑ Certis / 63
4.5. Official lists of approved economic operators and certification by public or private law bodies / 64
4.6. Electronic catalogs / 65
4.7. Electronic public procurement system - SEAP / 67
4.8. Framework Agreement / 68
Bibliographic references / 73
Chapter 5. Organizing and carrying out the procedure for awarding the public procurement contract / 74
5.1. The public procurement process / 74
5.1.1. Annual strategy and contracting strategy for public procurement. The difference between them / 96
5.1.2. Annual public procurement program / 99
5.1.3. Necessity report / 101
5.1.4. Market consultation / 104
5.1.5. Dividing into lots / 106
5.1.6. Elaboration of the award documentation / 107
5.1.7. Qualification and selection criteria / 113
5.1.8. Award criteria / 127
5.1.9. The report of the award procedure and the Public procurement file / 131
5.1.10. Information of candidates / tenderers / 135
5.2. Price adjustment / 137
5.3. Award of public procurement contracts and conclusion of framework agreement / 137
5.4. Completion of the award procedure / 140
5.5. Potential significant risks identified in the process of organizing public procurement / 141
Bibliographic references / 143
Chapter 6. Types of procedures for awarding public procurement contracts / 145
6.1. Procedures for awarding public procurement contracts regulated by national legislation / 145
6.1.1. Open auction / 146
6.1.2. Restricted auction / 147
6.1.3. Competitive dialogue / 149
6.1.4. Innovation Partnership / 153
6.1.5. Competitive bargaining / 158
6.1.6. Negotiation without prior publication / 162
6.1.7. Solution contest / 165
6.1.8. Direct acquisition / 166
6.1.9. Dynamic procurement system / 168
6.1.10. Electronic auction / 172
6.2. Centralized procurement activities and occasional joint acquisitions / 175
Bibliographic references / 177
Chapter 7. Execution of the public procurement contract / framework agreement / 178
7.1. Subcontracting and subcontractors / 178
7.2. Modification of the public procurement contract / framework agreement / 186
7.3. Extension of the duration of regular supply or service contracts / 191
7.4. Completion of the public procurement contract / 191
Bibliographic references / 193
Chapter 8. Administrative-jurisdictional procedure applied at the National Council for Solving Appeals / 194
8.1. The person who is considered guilty / 194
8.2. Prior notification / 202
8.3. Suspension of the right to conclude the contract as a result of prior notification / 204
8.4. The content of the appeal / 205
8.5. The term of appeal and the effects of the appeal / 206
8.6. Settlement of the appeal / 207
8.7. Judicial appeal / 211
8.8. Settlement of disputes in court / 213
8.9. Finding the absolute nullity of the public procurement contracts / 214
Bibliographic references / 218
Practical applications / 220
Annexes / 235
Introduction / 11
Chapter 1. General notions regarding the public procurement system. Legislative framework applied in the field of public procurement / 13
1.1. Domain and purpose of applying the legislation specific to public procurement / 13
1.2. European legislation. National legislation / 17
1.3. Code of ethical conduct applicable in the field of public procurement / 20
1.4. Rules of ethical conduct applicable to the field of public procurement. Fundamental principles / 21
1.5. Categories of contracts and value thresholds specific to the field of public procurement / 25
Bibliographic references / 27
Chapter 2. The public procurement contract / 28
2.1. The concept and features of the public procurement contract / 28
2.2. Principles underlying public procurement contracts / 32
2.3. Parties to the public procurement contract / 35
2.4. Types of public procurement contracts / 37
2.5. Defining the concept of a framework agreement / 39
Bibliographic references / 40
Chapter 3. General rules applicable to the field of public procurement / 41
3.1. General rules on economic operators / 41
3.2. Rules for avoiding conflict of interest / 44
3.3. Rules applicable to communications / 46
3.4. Rules of publicity and transparency / 48
Bibliographic references / 53
Chapter 4. Specific tools and techniques for awarding public procurement contracts / 55
4.1. Guarantee of participation / 55
4.2. Guarantee of good execution / 58
4.3. Single European Procurement Document (DUAE) / 61
4.4. E ‑ Certis / 63
4.5. Official lists of approved economic operators and certification by public or private law bodies / 64
4.6. Electronic catalogs / 65
4.7. Electronic public procurement system - SEAP / 67
4.8. Framework Agreement / 68
Bibliographic references / 73
Chapter 5. Organizing and carrying out the procedure for awarding the public procurement contract / 74
5.1. The public procurement process / 74
5.1.1. Annual strategy and contracting strategy for public procurement. The difference between them / 96
5.1.2. Annual public procurement program / 99
5.1.3. Necessity report / 101
5.1.4. Market consultation / 104
5.1.5. Dividing into lots / 106
5.1.6. Elaboration of the award documentation / 107
5.1.7. Qualification and selection criteria / 113
5.1.8. Award criteria / 127
5.1.9. The report of the award procedure and the Public procurement file / 131
5.1.10. Information of candidates / tenderers / 135
5.2. Price adjustment / 137
5.3. Award of public procurement contracts and conclusion of framework agreement / 137
5.4. Completion of the award procedure / 140
5.5. Potential significant risks identified in the process of organizing public procurement / 141
Bibliographic references / 143
Chapter 6. Types of procedures for awarding public procurement contracts / 145
6.1. Procedures for awarding public procurement contracts regulated by national legislation / 145
6.1.1. Open auction / 146
6.1.2. Restricted auction / 147
6.1.3. Competitive dialogue / 149
6.1.4. Innovation Partnership / 153
6.1.5. Competitive bargaining / 158
6.1.6. Negotiation without prior publication / 162
6.1.7. Solution contest / 165
6.1.8. Direct acquisition / 166
6.1.9. Dynamic procurement system / 168
6.1.10. Electronic auction / 172
6.2. Centralized procurement activities and occasional joint acquisitions / 175
Bibliographic references / 177
Chapter 7. Execution of the public procurement contract / framework agreement / 178
7.1. Subcontracting and subcontractors / 178
7.2. Modification of the public procurement contract / framework agreement / 186
7.3. Extension of the duration of regular supply or service contracts / 191
7.4. Completion of the public procurement contract / 191
Bibliographic references / 193
Chapter 8. Administrative-jurisdictional procedure applied at the National Council for Solving Appeals / 194
8.1. The person who is considered guilty / 194
8.2. Prior notification / 202
8.3. Suspension of the right to conclude the contract as a result of prior notification / 204
8.4. The content of the appeal / 205
8.5. The term of appeal and the effects of the appeal / 206
8.6. Settlement of the appeal / 207
8.7. Judicial appeal / 211
8.8. Settlement of disputes in court / 213
8.9. Finding the absolute nullity of the public procurement contracts / 214
Bibliographic references / 218
Practical applications / 220
Annexes / 235
The concept of public procurement is used to describe the procurement of works, products or services by public authorities, hereinafter referred to as contracting authorities (CAs).
The Treaty of Rome of 1957 establishing the European Economic Community established a number of fundamental and general principles of law which underlie the European Union (EU), of which we list: (1) the free movement of goods; (freedom to provide services; (3) prohibition of discrimination on grounds of nationality; (4) freedom of establishment; (5) transparency; (6) proportionality; (7) equal treatment; (8) mutual recognition. principles, a series of directives have been adopted at European Union level on public procurement (of which Romania has been a party since 2007), which have allowed Member States to apply their own national procedures adapted to European directives.
All Member States of the European Union have a duty to comply with the obligations arising out of that Treaty or to comply with the results of actions undertaken by the institutions of the Community. Thus, the European Union directives on public procurement have been transposed into our national legislation.
The Treaty of Rome of 1957 establishing the European Economic Community established a number of fundamental and general principles of law which underlie the European Union (EU), of which we list: (1) the free movement of goods; (freedom to provide services; (3) prohibition of discrimination on grounds of nationality; (4) freedom of establishment; (5) transparency; (6) proportionality; (7) equal treatment; (8) mutual recognition. principles, a series of directives have been adopted at European Union level on public procurement (of which Romania has been a party since 2007), which have allowed Member States to apply their own national procedures adapted to European directives.
All Member States of the European Union have a duty to comply with the obligations arising out of that Treaty or to comply with the results of actions undertaken by the institutions of the Community. Thus, the European Union directives on public procurement have been transposed into our national legislation.
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