IDEAS home Printed from https://ideas.repec.org/h/spr/prbchp/978-3-031-48288-5_8.html
   My bibliography  Save this book chapter

Amendments to Public Procurement Contracts in Times of Crises

In: Sustainable Approaches and Business Challenges in Times of Crisis

Author

Listed:
  • Daniela Cîmpean

    (Babes-Bolyai University)

Abstract

The present study aims to analyze and explain the multilayered challenges that may occur during the performance of a public procurement contract, with specific reference to the possibilities foreseen by the legislation to modify the contract without the need to retender. It intends to contribute to the assessment of the transposition of the rules regarding public contract amendment from 2014/24 Directive in the Romanian legislation. From the wording of the Romanian legal framework, it is clear that the intention of the national legislator was to ensure much less flexibility than the one provided by the Directive. It used again the gold plating system and made these rules mandatory also for contracts bellow the EU thresholds. With the intention of clarifying the aspects transposed from the European Directive, the legislator has not only developed a primary and secondary legislation but also continued by using tertiary regulation. The public procurement process occurs in the context of complex interactions between policy imperatives, financing, supply market operations, complex economic environment, and stakeholder influences, and the intensive regulatory adjustments or new provisions (mainly by tertiary legislation) are not effective in addressing all apparent dysfunctions in the system.

Suggested Citation

  • Daniela Cîmpean, 2024. "Amendments to Public Procurement Contracts in Times of Crises," Springer Proceedings in Business and Economics, in: Adina Letiția Negrușa & Monica Maria Coroş (ed.), Sustainable Approaches and Business Challenges in Times of Crisis, chapter 0, pages 133-148, Springer.
    • Handle: RePEc:spr:prbchp:978-3-031-48288-5_8
    DOI: 10.1007/978-3-031-48288-5_8
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:prbchp:978-3-031-48288-5_8. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.