1 1 I. PUBLIC ACQUISITION ROLE LTC. Senior lecturer Doina MURESAN, PhD LTC. Lecturer Iulia Frasina TĂNASE, asspirant to doctor degree LTC. Senior lecturer Doina MURESAN, PhD LTC. Lecturer Iulia Frasina TĂNASE, asspirant to doctor degree

1 1.The Need for legislation emergence 2.Public Acquisition (PA) principles 3.Public Acquisition role in România 4.Romanian Public Acquisition Components System 2 OVERVIEW

1 3  Public money must be justified;  Public sector is am important customer of the private business;  During the last century public expenses increased implicitly the volume of PA;  Increased volume of PA led to elaboration of specific legislation;  Diversity of market prices for the same product. The Need for legislation emergence

1 Public Acquisition (PA) principles Mutual recognition Transparency Proportionality Public funds uses efficiency To assume the responsibility Non-discrimination Equal approach

1 5  General aim of PA is oriented to public interest satisfaction i.e. community environment development and improvement. Public Acquisition role in România

1 6  Elimination of subjective nature which could influence decision-making within the P.A. process;  Elimination of the given preference to the local economic agents over others;  Providing visibility for the rules, opportunies, procedures and results;  Achivement of the best value for public funds, allways considered to be insufficient. P.A. ADVANTAGES

1 7 PRESENT DAY LEGISLATION  Emergency Government Ordinance No. 34/2006, on PA contracts, public works lease contracts,services lease contracts award procedure, with the afterwards modifications and completions;  Law No. 337/2006 for Emergency Government Ordinance nr. 34/2006, on PA contracts, public works lease contracts,services lease contracts award procedure, approval;  Government Decision No. 925/2006 for applying norms approval for Emergency Government Ordinance No. 34/2006 regarding PA contracts award procedure;  Emergency Government Ordinance No. 30/2006 regarding verifying procedural aspects of PA contracts award procedure;  Government Decision No. 782/2006 for approval the Functioning and Organizing Regulations of the National Council for Appeals and Settlement

1 P.A. SYSTEM  P.A. system is a part of Romanian juridical, economical and technical reality.  Among the system components there are specific relations aimed at achievement of the general goal.  Within the system the interacting elements determine, potentate and annihilate each other.

1 9 Romanian Public Acquisition Components System  Regulating authority;  Contractors;  Economic agents;  System supervisors :

1 Regulating authority  Within PA system the Regulating Authority is represented by The National Authority for PA Regulating and Monitoring, further on NAPARM.  NAPARM is an independent public institution, juridical certified, under the government authority. NAPARM basic role is to elaborate, promote and implement the P.A. policy.

1 Contractors  Within the system public power authorities and other private juridical persons working in the field of utilities are entitled contractors and the role of buyers. Owning necessary financial resources, they are trying to satisfy the needs for products, services or public works of the community by offering contracts.

1 12 ECONOMIC AGENTS  Economic agents is any supplier, provider, doer which legally offers on the market products, services and/or works.  An Economic agents can be either: a person, or, legal person, or, a group of such persons empowered by public or private law.

1 13 SYSTEM SUPERVISORS Ministry of Public Finance Court of Accounts NAPARM The National Council for Appeals and Settlement

1 Court of Accounts Ex-Post control SYSTEM DIAGRAM Contract Economic Agents Contracters Ministry of Public Finance Delegated Evaluator’s Team Justice Demand and offer play Supervise law observance Regulates, guides, evaluates and monitors NAPARM

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