Expertise

Public Procurement

Legal consultation in public procurement procedures and CNSC challenges

Last updated: May 2026

Specialized legal consultation in public procurement

We provide specialized legal consultation at all stages of public procurement procedures, concessions and public-private partnerships (PPP). We assist both contracting authorities and economic operators in drafting documentation, formulating clarification requests and challenges, negotiating and executing contracts.

Expertise in complex procurement procedures

Bid Preparation

Drafting technical and financial offers, legal opinions and complete documentation for participation in tenders.

CNSC Representation

Representation before the National Council for Solving Challenges and before courts of law.

Challenges & Appeals

Drafting and supporting challenges against contracting authority decisions and ordered remedies.

Contract Execution

Legal assistance throughout contract execution, contract amendments and dispute resolution.

Our activity covers

Drafting offers and legal opinions

Complete preparation of participation documentation, with emphasis on compliance with tender specifications requirements.

Formulating challenges and clarification requests

Strategic assistance in identifying grounds for challenge and drafting the corresponding documentation.

Representation before CNSC and courts

Supporting positions in administrative and judicial proceedings for resolving challenges.

Consultation in EU-funded projects

Specialized assistance for procurements under European-funded projects with specific requirements.

Assistance in contract execution

Negotiating addenda, resolving contractual disputes and protecting interests during the execution phase.

Types of procedures

Open Tender

Standard public procurement procedure

Restricted Tender

Procedure with pre-qualification

Competitive Dialogue

For complex contracts

Negotiation

With or without prior publication

Request for Quotation

Simplified procedure

Public-Private Partnership

Complex contractual structures

What public procurement means

Public procurement is the set of procedures through which a contracting authority buys goods, services or works using public funds. Its purpose is to ensure equal treatment, transparency and efficient use of public money. Any economic operator that meets the qualification criteria may participate, and the authority's decisions can be challenged.

The right procedure makes the difference between a contract won and a bid rejected on a ground that could have been avoided. The stakes are high, the deadlines are short and final, and a formal error can eliminate an otherwise winning offer. Legal assistance is therefore not a cost, but an investment in the real chance of award.

The legal framework of public procurement

Public procurement in Romania is governed by a package of four laws adopted in 2016, transposing the European directives. Knowing which law applies to each procedure is essential, because the deadlines and the available remedies differ.

Law 98/2016

Classic public procurement. Governs the award of supply, services and works contracts by contracting authorities.

Law 99/2016

Sectoral procurement. Applies to entities operating in the water, energy, transport and postal services sectors.

Law 100/2016

Works and services concessions, including public-private partnership structures.

Law 101/2016

Remedies and appeals. Sets the time limits for challenges and organizes the National Council for Solving Challenges (CNSC).

For Contracting Authorities

Drafting award documentation

Assistance in selection procedures

Challenge management

Procedural audit and compliance

For Economic Operators

Preparing and submitting bids

Challenging award decisions

Protecting interests during execution

Recovery of guarantees and payments

Frequently asked questions

Public Procurement: key answers

What is the deadline to challenge a Romanian public procurement procedure?

Deadlines are short and forfeitable. For procedures above the EU threshold, a challenge before CNSC must be filed within 10 days of becoming aware of the contested act (from communication of the result or publication of the notice). For national-threshold procedures, the deadline is 5 days. Failure to challenge in time renders the act final. The challenge suspends the procedure only for certain acts and subject to depositing a security.

Can I file directly in court or must I go through CNSC first?

Under Law 101/2016, bidders may choose: administrative challenge before CNSC (National Council for Solving Complaints) or direct action before the Tribunal, administrative-litigation section. CNSC offers a fast-track procedure (decision within 20–30 days) and is preferred when speed matters. Direct judicial route is more suitable for complex legal issues or when the probability of success at CNSC is low. CNSC decisions can be challenged before the Court of Appeal.

What are unacceptable, non-compliant and inadmissible bids in Romania?

An unacceptable bid contains a price exceeding the estimated value beyond legal thresholds or is incompatible with the funding source. A non-compliant bid does not meet the technical, financial or legal requirements in the tender documentation. An inadmissible bid is submitted by an economic operator that does not meet qualification criteria or is in an exclusion situation. Correct classification is essential. A bid wrongly declared non-compliant can be reinstated through challenge.

Which contracting authority errors typically lead to procedure annulment?

Most frequent grounds for annulment: restrictive or discriminatory requirements not objectively justified, unclear evaluation factors that prevent objective comparison, breach of the transparency principle (unpublished documentation amendments), conflict of interest of evaluators, unmotivated or biased technical evaluation, and failure to observe procedural deadlines. Early identification of vulnerabilities can lead either to procedure correction or to its annulment.

Last updated: May 2026

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