Regarding the public procurement carried out by the Romanian beneficiaries acting as “contracting authorities/entities” applying the rules for procurement procedures stipulated in the national legislation, we would like to draw attention to the importance of proper use of the provisions of art. 156 from the Law 98/2016 on public procurement, respectively art. 166 from the Law 99/2016 on sectoral procurement.
The equivalence in establishing technical specifications in award documents is mandatory and the lack of it may lead to irregularities generating financial corrections.
Therefore, please ensure the compliance with the above-mentioned provisions when drawing up award documents. Moreover, if you have in progress an award procedure, please review the award documents in accordance with the above-mentioned equivalence rule. Nevertheless, missing equivalence in establishing technical specifications may be remedied by publishing an erratum.