You want to participate in public procurement procedures?.

Do you know what your rights areyou have?

Public procurement is one of thethe most important instruments for

ensuring the development flourishing of athe democratic state, in terms ofby
developing the infrastructure and assuring all the services and goods
necessary for the functioning of the the state mechanism and its its
administrative units. By The conditions (quality, price, experience, economic
or technical capacity, etc.), that the goods, services or even the economic
operators themselves - private companies involved in the public procurement
procedures - must comply with, in order to sign the contracts of public
procurement or concession, are established by applying the principles
established byof the EUuropean norms or the national legislations.
, the conditions (quality, price, experience, economic or technical capacity,
etc.) that the goods, services or even the economic operators themselves,
private companies involved in the procurement procedures are established
public, must comply with them in order to obtain the signature of the public
procurement or concession contract.
The contracting authorities (public authorities) draw up the
procedure for awarding the contract, aiming to cover the needs in the
various fields for the purchase of of services, goods or civil works. (for
example: energy, water, public transport, postal services, education,
health, military clothing, stationery or even hygiene and food products).
According to the legal provisions i, contracts with medium and high
value must be awarded through competitive (bidding) procedures. But
there are also a number of exclusions and exceptions, such as:
 purchase of real estate
 cases of extreme urgency
 situations where there can be only one supplier.
The law offers several options/possibilitiesvariants for conducting the
procurement or concession procedure, but the standard way of awarding
contracts is the tender procedure, by open tender. The other
kindspecimen of the tender procedure is the Restricted Procedure -
anyone can apply for a restricted procedure, but only those who are pre-
selected can submit a tender -.
The other types of procedures are rare and require various
conditions to be fulfilled, including the exhaustion of an open or
restricted tender procedure.
If the chosen procedure does not lead to obtaining a compliant and
acceptable offer, the law allows a contracting authority to:
  to sign a framework agreement with one or more companies
for tenders that require recurring purchases
 to authorize the use of the dynamic electronic procurement
system to make recurrent purchases, whenif using the restricted
procedure
 to decide that, in order to get the best offer, the winner's
selection final choice will be made by electronic auction.
EU procurement procedures are conducted in accordance with
national rules, but with implicit application of EU law and EUCJCJEU case
law. With As regard to s contracts that exceed certain values, European
rules apply directly and with priorityfirst.
The value limits (thresholds) that determine when EU rules are
applied depend on the object of the acquisition and the entity making
the purchase. These thresholds are reviewed periodically and the
amounts are adjusted slightly (the next revision is scheduled for 2020).
The main limits are:
 EUR 144, 000 Euro for most types of services and goods
purchased by central government authorities
 EUR 5, 548, 000 Euro for construction work contracts.
For lower value offers, the national rules on public procurement
apply, which nevertheless transpose the same European directives in the
field.
If you are the representative of an organization, company or
institution established in the EU (in this case, the 28 EU Member States
+ Iceland, Norway and Liechtenstein), you can initiate public
procurement procedures in any country in the EU, having the following
rights1:
 to participate in a procurement procedure in any other EU
country, without discrimination, in accordance with the principles
established by EU law;
 use supporting documents (certificates, diplomas, etc.)
issued in your country, to submit them with legalized translations
in the language in which the procedure is carried out;
 to receive on equal terms all the information regarding the
procedures, regardless of which EU country you are established in;
 to have access to the legal contestation procedures in the
respective country, on all judicialrisdictional levels.

1
https://europa.eu/youreurope/business/selling-in-eu/public-contracts/public-tendering-
rules/index_fr.htmInidcate source of info
 In order to participate in such a procedure, you must bear in mind
that there are some prerequisites that determine whether you or the
company you own is evaluated as does not trustworthy:.
 You will be excluded if you do not pay taxes or social
contributions, if you participate in corruption acts or if you have
links with criminal organizations.
 You can be excluded if you are bankrupt or guilty of serious
professional misconduct.
You can always call on the experience of a professional for legal
advice in the field of public procurement, to ensure that you meet the
conditions necessary for enrolling in a public procurement procedure.
According to the rules established by the European Directives
regulating the field of public procurement, the general rule assumes
that, the announcements for the contracts, that are subject to the EU
norms, must be published in the electronic version of the Official Journal
of the European Union - the Tenders Electronic Daily (TED) portal.
Contracting authorities may publish notices on TED andalso in the
case of contracts with a lower value, which ensures good transparency,
competition and implicitly better results when awarding the contract. On
TED, basic information on tendering procedures is available in all official
EU languages.
A contracting authority may also publish a notice of intent on the
TED portal. Its purpose is to provide details in advance about a
procedure that will take place in the futureover a period of time, after usually
at least 35 days but and no more than 12 months before publication of
the participation notice. By doing so, the deadline for submitting tenders
could be shortened.
In the procedure, the offers are evaluated by assigning a score
based on the criteria previously published in the specifications, for each
category; for example, the price may represent 20%, the technical
characteristics 40% and the environmental impact 40%.
The evaluation of the offers begins only after the submissionthe
deadline for submitting them.
At the date and time set for the award of the contract, participants
must be informed as soon as possible whether or not they have obtained
the contract. Participants whose offers have been rejected have the
right to receive an extensive justification of the deicision be exposed to them at
large, the reasons for the exclusion decision.
Of courseWithout doubt, the law allows you to challenge any act or
decision of the contracting authority, respectively the whole procedure,
following which, the either the trial court or the abilitted nNational
bodyCounsel for Solving Disputes in the public procurement field – CNSC –,ts or
courts determine the legality of the procedure or the contested disputed
act.
In this situation, in order to effectiveley present the arguments,
supporting your challengedispute ofn themake sure that the contracting
authority's resolution, is wrong, the assistance of a litigation specialist, a
lawyer in the field of public procurement, is of great valueto be efficiently
explained.
i
https://europa.eu/youreurope/business/selling-in-eu/public-contracts/public-tendering-rules/index_fr.htm