Practical Guide on Public Procurement Legal Remedies before CNSC

Abstract

This material provides a structured and accessible overview of the key legal aspects concerning the Complaints filed before the National Council for Solving Complaints
(CNSC) in relation to public procurement awarding procedures.
Designed as a practical tool both for Economic Operators seeking to protect their rights in awarding procedures and for legal professionals active in Romanian Public
Procurement, the guide covers:

  • the time limits for filing a Complaint and the objection based on late filing;
  • the obligation to notify the Contracting Authority of the Complaint within the
  • applicable time limit;
  • the categories of persons entitled to file a Complaint;
  • remedial measures that may be adopted by the Contracting Authority after receiving a Complaint;
  • the requirements regarding the content of the Complaint and the possibility to supplement the grounds based on newly discovered elements;
  • the setting, lodging, and refund of the security deposit;
  • the Complaint settlement procedure, including the types of evidence admissible and relevant procedural time limits;
  • the possible solutions and the Council’s decision.

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