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The Parliament finally adopted amendments to the Public Procurement Act
10/12/2020
By 1 January 2023, the Central Purchasing Body in the health sector and the Central Purchasing Body for municipalities conduct public procurement procedures and conclude framework agreements through the platforms they use, the Parliament adopted. The deputies voted definitively, at second reading, amendments to the Public Procurement Act.

By 1 January 2023, the documents related to procedures for concluding framework agreements and contracts awarded on this basis shall be segregated into separate electronic files on the platforms of the central purchasing bodies.

With the voted changes, the contracting authorities shall send for publication a notice of completion of a public procurement contract or a framework agreement containing information on the performance, termination, cancellation or invalidity of a public procurement contract.

The contracting authorities and the economic operators may also use the platform in planning, selecting candidates or participants, evaluating tenders, preparing and sending electronic complaints and in other cases, according to the possibilities it provides.

Where the evaluation indicator is related to a period, including warranty maintenance, the contracting authority shall set minimum and/or maximum limits, taking into account the necessary time for the performance of the procurement, the record of the National Assembly.

The time limit for the receipt of tenders may be fixed by an agreement between the contracting authority and the persons entered in the qualification system, giving them the same time limit for the preparation and submission of tenders.

The MPs envisaged that when no funding is provided when opening the procedure, the contracting authority should indicate this fact in the notice or the call for confirmation of an interest. In this case, the contracting authority provides in the draft contract a clause for delayed performance. Either party may request the termination of the contract without notice after the expiration of a period of three months since its conclusion.

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