Exclusion grounds in Romanian tenders: who cannot bid and how to avoid being excluded

Why exclusion grounds matter

Every bidder starts by declaring in the DUAE that none of these grounds applies to it. A wrong declaration is itself a ground for exclusion, so this is the first thing to check, before price and before the technical offer.

Convictions (article 164)

The authority excludes any operator it finds, or learns in any other way, was convicted by a final court judgment for certain offences. The list in the article includes:

• Setting up an organised criminal group
• Corruption offences and offences treated as corruption
• Offences against the financial interests of the European Union
• Acts of terrorism
• Other serious offences named in the article

Unpaid taxes and social contributions (article 165)

The authority excludes an operator that breached its obligation to pay taxes or contributions to the consolidated state budget, when this was established by a final decision or the authority can demonstrate it by suitable means.

You are not excluded if, before the exclusion decision, you pay what is owed, extinguish it by another lawful route, or benefit from an instalment plan or other facility. For the main office the winner shows documents proving compliance, and for secondary offices and work points it gives a declaration on its own responsibility. Article 166 also sets a small threshold below which overdue amounts do not lead to exclusion (10,000 lei in the 2024 consolidated text, so confirm the current figure).

Other grounds (article 167)

The authority also excludes an operator that is in any of these situations:

• It breached environmental, social or labour obligations and the authority can prove it.
• It is in insolvency, liquidation, judicial supervision or has ceased activity.
• It committed grave professional misconduct that puts its integrity in doubt.
• There are reasonable indications of agreements with others that distort competition.
• It has a conflict of interest that cannot be remedied by milder measures.
• Its earlier involvement in preparing the procedure distorted competition and that cannot be remedied otherwise.
• It seriously or repeatedly failed on an earlier public, sectoral or concession contract, leading to early termination, damages or comparable sanctions.
• It made false declarations, did not provide requested information or cannot provide the supporting documents.

How companies avoid exclusion

1. Fill in the DUAE from facts you have checked, never from a template.
2. Keep tax and social contribution compliance current, and settle or reschedule any debt before you bid.
3. Ask yourself, and your partners and subcontractors, about any link to the authority's staff or to people who helped write the documentation.
4. Do not coordinate prices or offers with other bidders.
5. Keep records of how earlier contracts ended, since early termination can count against you.
6. If something on this list might apply to you, speak to a procurement lawyer before bidding, not after.

Where to read the rule

Articles 164 to 167 of Law 98/2016 contain the grounds, and the DUAE guide shows where you declare them. 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

Does a small tax debt exclude my company from a tender?

Not necessarily. You are not excluded if you pay or reschedule the debt before the exclusion decision, and article 166 ignores overdue amounts below a small legal limit. Confirm the current limit in the consolidated text.

What happens if I tick the wrong box in the DUAE?

False declarations are a ground for exclusion under article 167, and the authority can check them when it asks the top-ranked bidder for supporting documents. Declare only what you have verified.

Can an authority exclude me for a problem on an earlier contract?

Yes, if you seriously or repeatedly failed on an earlier public, sectoral or concession contract and it led to early termination, damages or comparable sanctions (article 167).

Sources and official references

• Legea nr. 98/2016, consolidated text (ANAP)
• ANAP, Agenția Națională pentru Achiziții Publice
• Legislație consolidată (legislatie.just.ro)
• Directive 2014/24/EU on public procurement (EUR-Lex)
• ESPD / DUAE, European Commission
• 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.