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Legislative amendments in the context of City Insurance bankruptcy

The following the legal acts were adopted by the Romanian Government at its meeting of 02.02.2022, in the context of City Insurance S.A.’s bankruptcy declared by the court of first instance[1]:

  • Government Emergency Ordinance no. 19/2022 on certain measures relating to the performance guarantees in public procurement and sectoral contracts; and
  • Government Decision no. 297/2022 for amending and supplementing the annexes no. 1 and 2 to the Government Decision no. 1/2018 for the approval of the general and specific conditions for certain categories of procurement contracts related to the investment objectives financed from public funds.

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Price Adjustment in Public Procurement contracts (II)

  1. Emergency Government Ordinance no. 64/2022 (hereinafter referred to as “EGO 64/2022”) regarding the adjustment of the prices and of the value of the general estimates within the projects financed from non-reimbursable external funds was enacted in the context of the current unpredictable events (the war in Ukraine, SARS-CoV-2 pandemic, the increase of gas and electricity prices, of the fuel etc.) and is meant to tackle the problem of price increase of construction materials and other related elements of costs related to the projects financed from non-reimbursable external funds. Emergency Government Ordinance no. 64/2022 regarding the adjustment of the prices and of the value of the general estimates within the projects financed from non-reimbursable external funds has been published in the Romanian Official Gazette, Part. I, no. 472/11.05.2022 and entered into force on the same day

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Price adjustment in public procurement contracts (I)

Analysis of EGO 46 / 2022

  1. Emergency Government Ordinance no. 47/2022 (hereinafter referred to as “EGO 47/2022”) regarding the price adjustment of public procurement contracts / sectoral contracts / concession contracts / framework contracts was enacted in the context of the current unforeseeable events (the war in Ukraine, the increase of gas and electricity prices, of the fuel etc.) and is meant to tackle the problem of price increase of construction materials and other related elements of costs related to the public investments. Emergency Government Ordinance no. 47/2022 regarding the price adjustment of public procurement contracts / sectoral contracts / concession contracts / framework contracts has been published in the Romanian Official Gazette, Part. I, no. 377/15.04.2022 and entered into force on the same day.

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March 2022 changes in legislation relevant for major transport infrastructure projects

  1. The analysis sets out the latest substantial legislative amendments published in the Official Gazette and entered into force between 17 – 22 March 2022, in public procurement field.
  2. The amendments (which I have highlighted in blue in the memo below) are likely to have an important impact on the future implementation of major transport infrastructure projects and also on the future disputes arising therefrom.
  3. Just for exemplification, the new enactments discussed in detail in the memo below reflect important changes such as:

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