Public procurement procedure governed by GEO 34/2006. Possibility for the successful tenderer to perform part of the services through a subcontractor

CONTENCIOS ADMINISTRATIV ŞI FISCAL

Abstract

Although Article 45 para. (1) of GEO No 34/2006 provided that the tenderer had the right to include in the technical offer the mention that part of the work was to be carried out by subcontracting, this legal rule did not exclude the possibility for a tenderer to carry out part of the contract work through a subcontractor after the conclusion of the procurement contract, if all the conditions imposed by the special legislation were met. The possibility for the tenderer to indicate in the technical offer that certain parts of the contract are to be carried out by subcontracting, gave the contracting authority the possibility to take into account the human and material resources of the subcontractor in the verification procedure of the fulfilment of the qualification requirements, as provided for in Article 11 paragraph (7) of the Methodological Rules, approved by GD No 925/2006.