How public procurement works in Romania: laws, institutions and procedures explained

The laws that apply

The system rests on a small set of laws that transpose the EU procurement directives. Most construction contracts awarded by ministries, county councils, municipalities and other public bodies fall under the first one.

• Law 98/2016 on public procurement: the main law for ordinary contracting authorities.
• Law 99/2016 on sectoral procurement: for entities in water, energy, transport and postal services.
• Law 100/2016 on works and services concessions.
• Law 101/2016 on remedies and appeals, including the work of CNSC.
• Government Decision 395/2016: the methodological norms that apply Law 98/2016 in practice.
• Directive 2014/24/EU: the EU directive behind Law 98/2016.

Principles behind every tender

Article 2 of Law 98/2016 lists the principles an authority must respect in every procedure. They are the yardstick CNSC and the courts use when a bidder says a procedure was unfair.

• Non-discrimination
• Equal treatment
• Mutual recognition
• Transparency
• Proportionality
• Accountability

Who does what

• Contracting authorities (autorități contractante) prepare the tender, publish it, evaluate offers and sign the contract.
• SEAP, also called SICAP, is the national electronic system where notices, documentation, questions and offers move. Bidders need an account and a qualified digital signature.
• ANAP, the national agency, coordinates procurement policy and publishes guidance and clarifications for authorities and bidders.
• CNSC, the National Council for Solving Complaints, is an out-of-court body that decides contestations against authorities' acts.
• The courts of appeal hear appeals against CNSC decisions.
• TED, the EU's tender portal, carries notices for contracts at or above the EU thresholds.

The value of the contract decides the procedure

Law 98/2016 sorts contracts into value bands, using the estimated value without VAT. The exact limits are set in lei in the law, and the EU thresholds are revised by the European Commission every two years, so we do not quote amounts here. Check the current figures on ANAP or in the consolidated law.

• Below the direct-purchase limit (article 7, paragraph 5), the authority may buy directly, with simple rules on publicity and on consulting several suppliers that tighten as the value grows.
• Between that limit and the EU thresholds, the authority must use a simplified procedure, with shorter deadlines and fewer formalities (article 7, paragraphs 2 and 4).
• At or above the EU thresholds, the authority publishes in the Official Journal of the EU and, as a rule, uses open or restricted tender (articles 7 and 69).

From notice to contract

1. The authority estimates the contract value and chooses the procedure.
2. It publishes a notice and the documentation in SEAP, and in the EU journal for contracts above the thresholds.
3. Bidders ask for clarifications within the deadline the documentation sets.
4. Bidders submit offers in SEAP before the deadline, signed with a qualified electronic signature.
5. The authority opens and evaluates the offers against the criteria in the documentation.
6. The top-ranked bidder proves it meets the requirements, and the authority communicates the result.
7. A waiting period follows in which unsuccessful bidders may contest.
8. The contract is signed and performed, usually with a performance guarantee.

What this means for a construction company

Knowing the band tells you what to expect. Small works usually come as direct purchases or simplified procedures, with faster calendars and lighter paperwork. Large works come as open tenders with full documentation, the DUAE and strict qualification rules. Start with the guide on how to bid, then read the qualification and DUAE guides before your first offer.

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

Which law governs public tenders for construction works in Romania?

For ordinary contracting authorities such as ministries, county councils and municipalities, Law 98/2016 on public procurement, applied through Government Decision 395/2016. Entities in water, energy, transport and postal services use Law 99/2016, and concessions fall under Law 100/2016.

Do I need SEAP to bid?

In practice yes. Authorities run their procedures through SEAP (e-licitatie.ro), so a bidder needs an account there and a qualified electronic signature to submit and sign an offer.

Where can I check the current thresholds?

On the ANAP website, in the consolidated text of Law 98/2016 on legislatie.just.ro, and in the Official Gazette. Limits in lei change by law, and the EU thresholds are updated every two years, so avoid relying on figures from older articles.

What happens if I think a procedure was unfair?

A bidder can contest the authority's act before CNSC, and CNSC decisions can be taken to the court of appeal. Deadlines are short, so see the guide on contestations and talk to a lawyer quickly.

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)
• SEAP / SICAP (e-licitatie.ro)
• CNSC, Consiliul Național de Soluționare a Contestațiilor
• TED, Tenders Electronic Daily

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.