The initiative aims to address the existing legislative gap. Under current law, procurement for military needs is permitted only under the exceptions provided for in general public procurement legislation.
The authors of the draft emphasize that the defense procurement market has its own specific characteristics. It is characterized by a limited number of suppliers at the international level, strict restrictions on the export of equipment, and stringent requirements for the protection of classified information. For this reason, the general procedures applicable to civilian procurement do not address the specific characteristics of this sector.
Key innovations include are the introduction of special procedures for awarding contracts in the defense and security sectors, the establishment of clear value thresholds, the regulation of reserved contracts and exceptions, and the creation of special procurement instruments in accordance with European Union standards.
The bill stipulates that the new rules will apply to the procurement of military equipment and “sensitive” goods, including spare parts and components, as well as to related works and services throughout their entire life cycle. In addition, the law will apply to works and services intended exclusively for military purposes or of a confidential nature.
The new rules will apply to contracts with an estimated value of at least 8.776 million lei for goods and services and 109.597 million lei for construction work. Contracts for smaller amounts will be awarded based on special procedures to be approved by the government.
The bill also stipulates that the government will submit to Parliament, by October 31 of each year, a statistical report on contracts for works, goods, and services awarded under the new law during the previous year. The document will be reviewed by the government and then adopted by Parliament.
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