The Emergency Ordinance no. 34/2006 keeps the three main categories of procedures for the assignment of public acquisition contracts, namely:
1.Open tender – any interested economic operator is entitled to submit its bid;
2.Invited tender – any economic operator is entitled to participate, and only the selected candidates shall then be entitled to submit their bid; and
3.Negotiation – the procedure by which the beneficiary runs consultations with the selected candidates and negotiates the contractual clauses, including the price, with one or more of them. The novelty in comparison to the old regulation is that the negotiation may be: (a) a negotiation with prior publication of a participation ad; or (b) a negotiation without prior publication of a participation ad.
