Gruia Dufaut

CENTRALIZED PUBLIC PROCUREMENT: NEW PROCEDURES

CENTRALIZED PUBLIC PROCUREMENT: NEW PROCEDURES

Last updated: 10 April 2019


The centralized public procurement procedures, regulated as of 2008, could not have been implemented until recently as the enforcement norms for the GEO no. 46/2018 on set-up, organization and functioning of the National Office for Centralized Public Procurement (NOCPP) were not available.

The Government Decision no. 119/2019 approving the enforcement norms of for the GEO no. 46/2018, on the organization of the centralized procurement procedures or the type of products and services covered by these procedures, was published in the Official Journal no.179 of March 6th 2019.

Acting as a centralized public procurement unit, NOCPP conducts the centralized procedures and procures products and services from economic operators by means of framework agreements that will subsequently be used by the contracting authorities. At the same time, NOCPP conducts the dynamic purchasing system in the name and on behalf of users. Thus, NOCPP acts in the name and on behalf of public users, exercises their rights and fulfills their obligations, being equally responsible for representing their rights and obligations in justice.

USERS OF NOCPP

The users of the services provided by NOCPP are the public authorities grouped in main users and secondary users, with their related rights and obligations.

Thus, the main users are represented by central public authorities and coordinated authorities who are subject to or function under the direction of a central authority.

The users have to register in the Users Registry held by NOCPP and acquire the products and services procured by NOCPP within the centralized system, either by means the centralized framework agreements concluded with NOCPP and, subsequently by concluding the related agreements, in their name and on their behalf, or by means of the dynamic purchasing systems managed by NOCPP in the name and on behalf of users.

Secondary users are represented by local public authorities and other authorities, which cannot be qualified as main users. They have the right, but not the obligation to acquire the products and services procured through the NOCPP centralized system.

The Legal Act also introduces a series of dispositions exempting the main users from the obligation to go through the centralized system.

ORGANIZATIONAL CHART

NOCPP conducts centralized procurement procedures as follows:



  • Planning/preparatory step

  • Organization of the procedure and award of the centralized framework agreement /contract;

  • Post-award of the centralized framework agreement/contract phase, namely, execution and implementation of the centralized framework agreement/contract follow-up;



SERVICES SUBJECT TO CENTRALIZED PROCUREMENT

NOCPP is entitled to procure through the centralized system the following products and services:

  • Fuels for vehicle fleet;

  • A4 and A3 Paper;

  • Office furniture;

  • Hardware;

  • Stationery;

  • Automobiles

  • Interior lighting fixtures;

  • Cleaning products;

  • Mobile phone services;

  • Cleaning services for offices;

  • Other standard or bulk products and services, according to priorities, established by memorandum approved by the government.


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