Motive obligatorii de excludere a operatorilor economici din cadrul procedurilor de achiziţie publică

Judecător Georgian Davidoiu

Mandatory grounds for exclusion of the business operators from the public procurement procedures

Abstract

The challenged documents, issued in a procurement procedure, should be exclusively based on the application of the legal provisions and in consideration of an adequate statement of reasons for rejecting the offer as inacceptable, otherwise the refusal expressed by the contracting authority could be appreciated to be formal and in breach of the general principles in the matter of public procurement - art. 2 paragraph (2) (transparency, incurring liability and proportionality), respectively the right of access to justice for a tenderer under the circumstances in which the application of any legal remedies for the removal of this ground for rejection of its own offer would be rejected to it.

Keywords: insolvency; ground for exclusion; award procedure

Rezumat

Actel...