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WG Independence-Efficiency > Meetings > Bucharest 2011 > Romanian case example 4

Romanian case example 4

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 ?