The Contracting Authority is classified under art. 8 letters a)-c)
from GEO no. 34/2006. The Contract which is to be awarded is a
service-based contract, following the rules of Appendix 2B, with 4
batches, the value of each batch is of 470,000 RON without VAT, and the
estimated value of the entire contract to be awarded is of 1,880,000 RON
without VAT. Are the provisions from art. 16 para. (1) of the Emergency
Ordinance to be applied to the estimated value of the entire contract,
or to each separate batch ? If we apply them to each batch, the value
falls below the threshold stipulated under art. 57 para. (2) of the
Ordinance, and if we apply them to the entire contract to be awarded,
the value is situated above the threshold stipulated by the above
mentioned article.
The
same question is asked for calculating the lateness for filing a claim,
in the case of a procedure with multiple batches, do we calculate the
legal deadline stipulated under art. 256 index 2 from GEO no. 34/2006
depending on the value of each batch, or on that of the entire
contract ?