Considerations on the restrictive nature of certain tender requirements in public procurement procedures for construction works contracts

Abstract

The public procurement landscape in Romania, much like its European counterparts, is governed by stringent directives and principles that strive to ensure transparency, equal treatment, and fairness in awarding contracts. Yet, a notable trend has emerged among contracting authorities in Romania: the establishment of restrictive requirements in tender documentation, particularly concerning construction works contracts. This article, informed by the European and Romanian legal frameworks, delves into these requirements, their implications for potential contractors, and the overarching need to balance specific experience criteria with the broader principles of inclusivity and competition.