Public procurement procedures in Romania: open tender, restricted tender, simplified procedure and more

The nine procedures in article 68

• Open tender (licitație deschisă)
• Restricted tender (licitație restrânsă)
• Competitive negotiation (negociere competitivă)
• Competitive dialogue (dialog competitiv)
• Innovation partnership (parteneriat pentru inovare)
• Negotiation without prior publication (negociere fără publicare prealabilă)
• Design contest (concurs de soluții)
• The procedure for social and other specific services
• Simplified procedure (procedura simplificată)

Open and restricted tender: the normal route above the EU thresholds

Article 69 sets the rule: when the estimated value reaches the EU thresholds, the authority awards the contract through open tender or restricted tender.

In an open tender, any interested economic operator can submit an offer after the notice is published. In a restricted tender, operators first send a request to participate, the authority checks who qualifies, and only the selected candidates are invited to bid. For construction, open tender is the form you will meet most often, but always read the notice to see which one applies.

Exceptions that need a legal reason

The other procedures are exceptions, and the authority must be able to justify using them.

• Competitive negotiation and competitive dialogue (article 70): for example when needs cannot be met without adapting available solutions, when the works involve design or innovative solutions, when negotiation is needed because of complexity or risk, when technical specifications cannot be defined precisely, or when an earlier procedure drew only non-compliant or unacceptable offers.
• Negotiation without prior publication (article 104): only in the cases that article lists.
• Innovation partnership (articles 95 to 103): to develop and then buy an innovative solution.
• Design contest (articles 105 to 110): the authority selects a plan or project through a jury.
• Social and other specific services (articles 111 and 112): a lighter regime for the services in annex 2 of the law.

Simplified procedure and direct purchase

Below the EU thresholds the authority must use the simplified procedure, which the law describes as having shorter deadlines and fewer formalities than the full procedures (article 7). Below the direct-purchase limit the authority may buy directly instead, and the rules on publicity and on consulting several suppliers tighten as the value grows.

This is where many first-time bidders can start. The documentation is lighter and the calendar faster, but qualification rules and the DUAE still apply. Limits in lei are set by law and change, so check the current figures on ANAP or in the consolidated text.

How the winning offer is chosen

Article 187 says the authority awards the contract to the most economically advantageous offer, judged on the award criterion and evaluation factors stated in the documentation. It may use one of four criteria:

• Best price-quality ratio
• Best quality-cost ratio
• Lowest cost
• Lowest price

Reading the notice as a bidder

The notice and the data sheet (fișa de date) tell you the procedure, the award criterion and the deadlines. Check the criterion first. With a price-quality ratio, the technical offer carries real weight and is worth the extra preparation. With lowest price, a compliant offer at the right number wins. Under the 2024 consolidated text, lowest price is allowed only below the EU thresholds and in a narrow exception, and quality factors may include environmental and social aspects.

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 procedure applies to a works contract above the EU threshold?

As a rule, open tender or restricted tender under article 69 of Law 98/2016. Competitive negotiation, competitive dialogue and negotiation without prior publication are allowed only in the cases the law lists.

What is the simplified procedure?

The procedure authorities must use for contracts below the EU thresholds. The law says it involves shorter deadlines and fewer formalities than the full procedures, while still respecting the principles of article 2.

Can an authority award on lowest price alone?

Sometimes. Article 187 allows lowest price among four criteria, but in the 2024 consolidated text it can be used as the criterion only below the EU thresholds and in a specific negotiation case. Always read the criterion in the documentation.

What is the difference between open and restricted tender?

In open tender anyone interested can bid after the notice. In restricted tender operators first apply to participate, the authority selects candidates, and only those are invited to submit offers.

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)

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.