Diana Gorun – Romanian-American University, Bd. Expozitiei No.1B, District 1, code 01210, Bucharest, Romania
3rd International Scientific Conference on Recent Advances in Information Technology, Tourism, Economics, Management and Agriculture – ITEMA 2019 – Bratislava, Slovakia, October 24, 2019, CONFERENCE PROCEEDINGS published by the Association of Economists and Managers of the Balkans, Belgrade; Printed by: SKRIPTA International, Belgrade, ISBN 978-86-80194-23-3, ISSN 2683-5991, DOI: https://doi.org/10.31410/ITEMA.2019
In the case of the tenderers who took part in the procedure for awarding by public procurement
the framework agreement for service contracts whose tender has been declared incomplete or
losing, there is the possibility provided by the law to challenge the outcome of the procedure, according
to the provisions of the Law no. 101/2016 on remedies and remedies in respect of the award of public
procurement contracts, sectoral contracts and concession contracts for works and concessions of services,
as well as for the organization and functioning of the National Council for Solving Complaints.
Thus, the tenderers who consider themselves wronged in a law or in a legitimate interest by an act of a
contracting authority or by failure to resolve an application within the legal time limit, may request the
annulment of the act by obliging the contracting authority to issue an act or to adopt remedial measures,
recognition of the alleged right or legitimate interest, using a administrative-judicial or a judicial
way, with the purpose of declaring the offer submitted or the contestant to be winner.
The competent authority at first instance in resolving these complaints is the National Council for Solving
Against the rulings issued by the National Council for Solving Complaints, a complaint may be filed,
the resolution of which is within the competence of the Administrative and Fiscal Appeal Section of
the Court of Appeal in whose territorial jurisdiction the headquarters of the contracting authority is
located, according to the provisions of art. 32 par. 1 of the Law no. 101/2016, the decision of the Court
of Appeal being final.