It was drafted by a group of deputies from the Action and Solidarity Party (PDS) and was approved in the first reading by parliament. In particular, the authors propose to amend the Law on Public Procurement.
At the moment, economic operators are obliged to provide a bank guarantee, which directly affects the liquidity of enterprises, the deputies explain in a note to the draft. If the project is approved in the final reading, the procuring authority will be obliged to specify in the documentation the requirements for the issuer, the amount and other basic conditions of ensuring the proper execution of the contract, without imposing its form.
It is proposed to supplement the law with a provision according to which the economic operator chooses the form of establishment and payment of financial security when signing a public procurement contract, using one of several methods. These may be a letter of guarantee issued by a banking institution or insurance company, a transfer to the account of the procuring authority, a deposit, successive deductions from the payment due on invoices, with the transfer of the relevant amount to a special account opened by the operator and provided to the procurer in a licensed bank, as well as direct successive deductions from the payment due on submitted invoices.
The deputies also propose to increase the amount of sanctions for violation of rules concerning the criteria of participants in public procurement procedures, including in the documentation for awarding contracts. Thus, the fine for limiting the enterprises’ access to the state/industry procurement procedures may reach 10,000 lei. Currently, it varies from 750 to 3,000 lei.
