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ARSULESCU - LAW OFFICE

ARSULESCU - LAW OFFICE

Cluj-Napoca, Romania

Free Consultation: 15 mins


Founded in 2015
12 people in their team
We are a full service law firm, focused on results, promptitude and pragmatism.Our full-service law firm mainly carries out its activity in the...
Romanian
English
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About Government Contract Law in Cluj-Napoca, Romania:

Government contracts play a significant role in Cluj-Napoca, Romania, as they involve the procurement of goods, services, and works by government entities. The government contract law in Cluj-Napoca aims to ensure transparency, fair competition, and efficient administration of public resources. It governs the process by which public authorities award contracts to private parties, ensuring accountability and integrity in the procurement process.

Why You May Need a Lawyer:

Seeking legal advice for government contracts in Cluj-Napoca is crucial in various situations, such as:

  • Understanding the complex legal framework surrounding government procurement.
  • Negotiating and drafting government contracts to protect your rights and interests.
  • Challenging unfair bidding processes or decisions made by government entities.
  • Resolving disputes that may arise during the execution of government contracts.
  • Ensuring compliance with local laws, regulations, and procedures.

Local Laws Overview:

Government contract law in Cluj-Napoca is primarily governed by Romanian legislation, including:

  • The Government Emergency Ordinance no. 34/2006 on public procurement.
  • The Government Emergency Ordinance no. 66/2011 on concessions of public works and services.
  • The Law no. 98/2016 on sectorial procurement.

These laws outline the principles and procedures for public procurement, including tendering, bidding, contract awarding, and remedies in case of disputes. It is essential to understand these laws to ensure compliance and protect your rights throughout the contract process.

Frequently Asked Questions:

1. What are the thresholds for government contracts to be subject to public procurement regulations?

In Cluj-Napoca, Romania, contracts for goods and services valued above RON 139,000 (approximately €29,000) and contracts for works valued above RON 5,548,000 (approximately €1.15 million) are subject to public procurement regulations.

2. Can I challenge a government contract award decision?

Yes, if you believe that the award decision was unfair or violated procurement regulations, you have the right to challenge it. The challenge can be filed with the National Council for Solving Complaints or through administrative courts.

3. Are foreign companies allowed to participate in government procurement in Cluj-Napoca?

Yes, foreign companies are eligible to participate in government procurement in Cluj-Napoca under equal conditions as Romanian companies. However, certain requirements and documentation may vary depending on the country of origin.

4. How long does the government procurement process typically take?

The duration of the government procurement process can vary depending on various factors such as the complexity of the contract and the number of participants. Generally, the process can take several weeks to months, including the bidding period, evaluation, and contract award.

5. Can a government contract be terminated before its completion?

Yes, a government contract can be terminated before its completion under certain circumstances, such as mutual agreement, non-performance, or breach of contract by either party. It is advisable to seek legal advice to understand the specific provisions and consequences of contract termination.

Additional Resources:

If you need further information or assistance regarding government contracts in Cluj-Napoca, Romania, consider reaching out to the following resources:

  • Cluj-Napoca Bar Association - provides a directory of lawyers specializing in government contract law.
  • The National Authority for Regulating and Monitoring Public Procurement - offers guidance and information on public procurement procedures in Romania.
  • The Ministry of Economy, Energy, and Business Environment - provides resources related to government contracts and public procurement in Romania.

Next Steps:

If you require legal assistance in matters related to government contracts in Cluj-Napoca, Romania, consider taking the following steps:

  1. Conduct research and gather relevant documentation regarding your specific situation.
  2. Identify experienced lawyers or law firms specializing in government contract law.
  3. Schedule consultations with the selected lawyers to discuss your case and evaluate their expertise.
  4. Hire the lawyer who best suits your needs and start working together to protect your rights and interests.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.