ELKB New integrity rules for Romanian public procurement procedures

The public procurement procedure in Romania has recently been updated with new provisions aimed at preventing conflicts of interest. To this end, Law no. 184 of October 17, 2016 establishing a mechanism for preventing conflicts of interest regarding the award of the public procurement contracts has been published in the Official Gazette, Part I, no. 831 of October 20, 2016. (“Law no. 184/2016“).

In essence, Law no. 184/2016 introduces a mandatory form of integrity to be drafted and submitted as part of the tendering documentation. This form of integrity will support three tiers of information as follows: (i) data regarding the tender procedure, the decisional factor, the evaluation committee, the consultants and experts, (ii) data regarding the bidders/candidates and finally (iii) a section regarding the measures implemented in order to overcome the potential conflict of interest as a result of an integrity waring issued by the National Integrity Agency.