Acta Universitatis Danubius. Juridica, Vol 13, No 3 (2017)

Exclusion from the Procedure for the Award of the Public Procurement Contracts of the Candidate/Tenderer Convicted/Investigated for Committing an Offence

Angelica Rosu


Law no. 98/2016 on public procurement provides in Chapter IV entitled Organization and conduct of the award procedure - Section 6 Qualification and selection criteria – the grounds for the exclusion of the candidate tenderer (paragraph 2). Some of these grounds may be found in the old regulation, but others take into consideration legal situations not covered by the old legislator as a basis for exclusion. These situations have already generated different ways of interpretation in practice, a circumstance that justifies the opportunity and usefulness of this approach. It should be noted that not all the reasons for exclusion shall be subject of this analysis; the content of Paragraph 2 of Section 6 of Law 98/2016 takes into account only the reasons relating to the commission or the alleged commission by the economic operator involved in the procedure of an offense belonging to those expressly mentioned in Art. 164 par. (1) letters a) - g).


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