Rulers modify PPP law
ACTMedia - 27 Aprilie 2011
The government eliminated the condition imposed on companies which contested in court a contract of public-private partnership to present a guarantee of 2% of the contract value and decided to make them pay a fix amount and a share of the contract value.
The amount will be withdrawn from the participation guarantee imposed on each participant and will be returned only if the company contests in court the CNSC decision and wins.
The new regulations established by the government in an emergency order modify the law on public-private partnerships.Through the new order, the Executive has eliminated the condition imposed on firms which contest in court a public-private partnership contract to present a 2% guarantee of the contract value but compelled all participants to set up a tender participation guarantee of 1% of contract value.
The document obtained by Mediafax shows that the 2% guarantee in case of a contestation was eliminated to facilitate free access to justice, when the European Commission pointed to the fact that the law on public-private partnership valid as of October 2010 was not according to European regulations in the field.At the same time the Executive imposed another tax system both for requests made in courts of law about public-private partnership contracts and for companies whose contestations are rejected by CNSC.
Sursa: http://www.actmedia.eu
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