Discusses the legal requirements for selling to the host government, including whether the government has agreed to abide by the WTO Government Procurement Agreement or is a party to a government procurement chapter in a U.S. FTA. Specifies areas where there are opportunities.
Last Published: 7/25/2019

GoveGovernment procurement in Europe is governed by both international obligations under the WTO Government Procurement Agreement (GPA) and EU-wide legislation under the EU Public Procurement Directives.  U.S.-based companies can bid on public tenders covered by the GPA, while European subsidiaries of U.S. companies may bid on all public procurement contracts covered by the EU Directives in the European Union.

Romania has transposed the European public procurement directives.  The public procurement regulatory framework is represented by primary and tertiary legislation, with the primary enactment represented by the public procurement law, Emergency Ordinance 34/2006, which is aligned with relevant EU standards.

The Government maintains an electronic system for public procurement concessions in order to provide a fully transparent procurement process.  Since 2016, contracting authorities are obliged to conclude at least 40% of their public procurements.

The four relevant EU Directives on public procurement:

  • Directive 2014/24/EU (replacing Directive 2004/18/EC) on the coordination of procedures for the award of public works contracts, public supply contracts, and public service contracts applying to the general sector;
  • Directive 2014/25/EU (replacing Directive 2004/17/EC) on the coordination of procurement procedures by entities operating in the water, energy, transport, and postal services sectors;
  • Directive 2009/81/EC on public procurement by entities operating in the defense and sensitive security sector.  This Directive sets Community rules for the procurement of arms, munitions, and war material (plus related works and services) for defense purposes, but also for the procurement of sensitive supplies, works, and services for non-military security purposes;
  • Directive 2014/23/EU on the award of concession contracts.  A concession contract (either for the delivery of works or services) is conducted between a public authority and a private enterprise that gives the right to the company to build infrastructure (and to provide relevant financing) and operate businesses that would normally fall within the jurisdiction of the public authority (e.g., road infrastructure, large infrastructure, waste and water infrastructure).
The Romanian legislative procurement package transposing the new rules into national law was enacted in May 2016.
Electronic versions of the procurement documentation must be available through an internet URL of the Official Journal of the European Union (OJEU) contract notice.  Starting on April 18th, 2018, the European Single Procurement Document (ESPD) can only be provided in electronic form.  Within the Internal Market Information System (IMI), the E.C. has established  an online system “e-CERTIS” for administrative documents.

Based on the requirement set forth in Directive 2014/55/EU, the E.C. decided to introduce a European Standard for E-Invoicing, but there are no centralized platforms to process e-invoices in Romania.  Standards for e-invoicing are being developed by the European Committee for Standardization (CEN).
There are also restrictions in the EU coverage of the GPA that apply specifically to U.S.-based companies.  U.S. companies are not allowed to bid on works and services contracts procured by sub-central public contracting authorities in the following sectors:
  • Water sector
  • Airport services
  • Urban transport sector as described above, and railways in general
  • Dredging services and procurement related to shipbuilding

Key Links:
National Agency for Public Procurement - www.anap.gov.ro
Electronic System for Public Procurement - https://sicap-prod.e-licitatie.ro/pub
ec.europa.eu/growth/single-market/public-procurement/e-procurement/e-invoicing_en    

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.