Contesting a tender decision in Romania: CNSC and the courts explained

What can be challenged

A bidder with a legitimate interest can challenge acts of the authority that it considers unlawful. In practice that includes the contents of the tender documentation, such as a requirement that seems to favour one company, and the outcome of the evaluation, such as a rejection or an award to another bidder.

The path in three levels

1. The authority: Law 101/2016 lets a bidder raise the problem with the contracting authority itself. Check whether a prior step is required and what form it must take.
2. CNSC: the National Council for Solving Complaints is an out-of-court body that examines contestations against the authority's acts, and may in justified cases suspend the procedure.
3. The court of appeal: CNSC decisions can be challenged before the court of appeal that has jurisdiction.

Why timing is everything

Law 101/2016 counts deadlines in days, and the length depends on whether the contract value is above or below the EU thresholds. In the original 2016 text the periods were 10 days above and 5 days below, with a further 10 days to appeal a CNSC decision to the court. The law has been amended since, so treat those numbers as a warning about how short the windows are, and confirm the current rules in the consolidated text.

The same law pauses the signing of the contract for a period after the result is communicated, which is the window in which a contestation can still change the outcome.

Before you contest

• Write down the date you learned of the act and the exact text of the decision or requirement.
• Read the documentation and the notice again, and ask yourself which rule was broken.
• Think about what you want: a changed requirement, a re-evaluation or a cancelled procedure.
• Remember that your company may be challenged in turn by another bidder.
• Speak to a procurement lawyer the same day. This is the one step in the process where outside advice is clearly worth it.

Clarifications are cheaper than contestations

Most unclear or restrictive requirements can be raised as a written clarification question during the tender, before the clarification deadline. It costs nothing, creates a record, and often leads the authority to correct the documentation. This guide is general information, not legal advice. Laws, thresholds and deadlines change, so confirm the figures that matter to your bid in the current consolidated text or with a procurement lawyer.

Common questions

Who decides contestations in Romanian public procurement?

CNSC, the National Council for Solving Complaints, an out-of-court body set up under Law 101/2016. Its decisions can be challenged before the court of appeal.

How long do I have to contest?

Very little. Law 101/2016 counts deadlines in days, and in the 2016 text they were 10 days above and 5 days below the EU thresholds. Check the current consolidated text and act on the day you learn of the act.

Should I contest or ask a clarification first?

If the problem is a requirement in the documentation, send a written clarification question first, within the clarification deadline. Contest only when clarification does not solve it and a deadline is running.

Sources and official references

• CNSC, Consiliul Național de Soluționare a Contestațiilor
• Legislație consolidată (legislatie.just.ro)
• ANAP, Agenția Națională pentru Achiziții Publice
• Legea nr. 98/2016, consolidated text (ANAP)
• SEAP / SICAP (e-licitatie.ro)

This guide is general information, not legal advice. Public procurement rules change, so always check the official sources above and the tender documentation. Reviewed 31 October 2026.