This Law Project applies to claims involving the granting of compensation for damages caused in the assignment procedure, as well as those on the execution, annulment, resolution, termination or withdrawal of public procurement contracts or concession.
According to the Project, any person who considers himself injured in a right or a legitimate interest cotby an act of a contracting authority, issued in violation of statutory provisions or failure to respect the legal deadline of solving a claim, can request the annulment of the deed, to oblige the contracting authority to issue a deed or to adopt remedial measures, to recognize the claimed right or legitimate interest, by administrative-legal or judicial way, according to this law.
In order to resolve the claim by jurisdictional-administrative means, the person who considers
injured, addresses the National Council for Solving Complaints, or the court. If the injured person concomitantly formulates a claim against the same act of the contracting authority both to the Council and the court, it shall be presumed that he has dropped the administrative-jurisdictional procedure.
Before addressing the Council or the competent court, the person who considers himself injured
has the obligation to notify the contracting authority with the request for revocation / remediation, in
all or in part, of the alleged infringement on public procurement or concessions, within:
1. 10 days, from the day following the acknowledgment of the considered unlawful act of the contracting authority, where the estimated value of public procurement procedure or concession is equal to or greater than the thresholds in relation to which it is mandatory the submission for publication to the Official Journal of the European Union the notices of participation, according to the legislation on public procurement and concessions;
2. 5 days from the day following the acknowledgment of the deed of the contracting authority considered unlawful, where the estimated value of public procurement procedure or concession is less than the thresholds in relation to which is mandatory the submission for publication to the Official Journal of the European Union the notices of participation, according to the legislation on public procurement or concessions.
Within 3 days calculated from the day following receipt of the notification, the contracting authority shall send an answer through which will communicate whether or not is going to revoke the documents issued in the respective assignment procedure or to adopt other measures it considers necessary to remedy the alleged violations. If the contracting authority sends an answer to revoke the documents issued or to take corrective action, it shall have a term of seven days for their effective implementation. Formulating a notice by person who considers himself injured has the effect of suspension of the right to conclude the contract.
The complaints that fall outside the jurisdiction of the Council shall be declined, by its decision, to the competent court or, where appropriate, to another organ with jurisdictional activity. In later than 5 business days from the date of receiving the complaint, the contracting authority is obliged to send to the Council and the opponent, ex officio, its point of view on the complaint.
The Council settles the claim within 20 days of receipt of the file of public procurement or concession and other necessary documents, respectively within 10 days if an exception that prevents analysis of the claim, arises. In duly justified cases, the settling deadline may be extended by 10 days.
If the claim is admitted and remedial action is ordered, the Council states the term in which they must be accomplished by the contracting authority, which will not be shorter than the term for the exercise of the appeal against the decision of the Council.