Bidding in Romania: questions foreign companies ask us
Short answers, with links to the full guides. General information, not legal advice.
Eligibility and set-up
How do we find out whether we can bid in a specific tender?
Run the eligibility self-check, then send us the tender for a free Go/No-Go snapshot, which includes an eligibility flag. Before we take a complete-file mandate for a company established outside the EU, we prepare an Eligibility & Readiness report (€3,400), reviewed and co-signed by a Romanian attorney.
How do we register in SEAP, and how long does it take?
Your company requests an economic-operator account on e-licitatie.ro, with company details and documents signed with a qualified electronic signature, and the platform operator validates it. Allow several working days, and never start in the week of a deadline. We prepare the file and run a test with you. It is free inside any mandate and €650 on its own.
Which electronic signature do we need?
A qualified electronic signature (QES) under the EU eIDAS Regulation, for each person who signs. Each consortium member, supporting third party and subcontractor signs its own documents.
Will our own country's e-signature work?
A QES from any EU qualified trust service provider is valid across the EU, but test it in the platform before you depend on it. Signatures issued outside the EU are generally not qualified under eIDAS; we arrange an EU QES for your representative instead.
Can you operate the platform for us?
Yes, under a power of attorney that you control and can revoke. Binding documents are still signed by your authorised signatory, and you approve every commercial value. We never sign as the bidder.
Documents and language
In what language must the bid be submitted?
Romanian: the bid, the ESPD, the forms, the clarifications and the contract. Some authorities accept technical data sheets in English, but only if the data sheet says so. We write the proposals directly in Romanian and give you English working copies to approve.
What is the ESPD (DUAE), and who fills it in?
It is your self-declaration on exclusion grounds and selection criteria, completed in Romanian and submitted with the bid. You, each consortium member, each third party whose capacity you rely on and, where required, your subcontractors submit one. The supporting evidence is usually requested later from the best-ranked bidder, at short notice.
How do we prove experience gained abroad?
With the contracts, references, acceptance protocols or completion certificates the data sheet asks for, translated and, where required, certified. Values are converted at the exchange rate the data sheet specifies.
Bidding
Should we bid alone, in a consortium or as a subcontractor?
It depends on the qualification thresholds, the attestations required and your delivery model. The Go/No-Go memo recommends a structure, and we build the file so that each member covers exactly what it must.
Which guarantees are required, and can our home bank issue them?
A bid guarantee of at most 1% of the estimated value, and a performance guarantee of at most 10% of the contract price excluding VAT. Banks in Romania or abroad, and insurers authorised in the EU or registered with the Romanian Financial Supervisory Authority, can issue them. The wording must follow the authority's model exactly; we check it.
In what currency do we price?
Usually in RON, excluding VAT, as the data sheet sets. Some procedures, notably those financed by international lenders, are priced in EUR.
What happens if our price is much lower than the others?
The authority may ask you to justify an abnormally low price under article 210 of Law 98/2016. The justification must be independent and verifiable: supplier quotes, productivity data, cost build-ups. We prepare it with the financial proposal, not after the request.
How long from submission to contract?
It varies with the procedure, the number of bids and any complaints, which can add weeks. The invitation to sign comes after the standstill period. We give you a realistic timeline in the Go/No-Go memo.
Remedies, award and performance
What if a competitor challenges our award?
You can take part in the proceedings to defend it: points of view, written conclusions, protection of confidential content, evidence. The deadline runs in days, so call us the day you are notified.
Will we have to register for VAT or set up a branch in Romania to perform the contract?
Possibly. Performing a Romanian public contract can trigger Romanian VAT registration, a permanent establishment, branch registration and posted-worker notifications. Check these points with your tax adviser early; we coordinate the procurement side.
Fees and the success fee
How do your fees work?
For a complete tender file: a documentation fee from €4,900, plus a success fee due only when you are called to sign the contract (1.50% on the first €500,000 of your share, lower above, minimum €2,500). Or the Fixed plan: the documentation fee × 1.5 and no success fee. Romanian direct awards: Light offer from €890. All fees are published on the Pricing page.
When exactly is the success fee due?
When the contracting authority calls you to sign the contract, in writing, through SEAP, by email or otherwise. We invoice it on the date of the invitation, payable within 10 working days, in one instalment. The award notice alone does not trigger it.
What if the award is annulled after we are called to sign?
If the contract is then not signed for reasons not attributable to you, such as annulment by the CNSC or a court or cancellation by the authority, we refund the success fee in full within 10 working days. It becomes due again only if you are later called to sign in the same procedure. It stays due if you refuse to sign or do not provide the performance guarantee.
Our compliance policy does not allow success fees. What can we do?
Choose the Fixed plan, with no success fee. Alternatively, fix the success fee as an amount at mandate: a known, capped figure for documented work, which can only go down. Every success-fee invoice comes with a log of the work delivered, and the basis of our fee can be disclosed to the contracting authority on request.
Do you give discounts?
We do not make one-off discounts, because our fees are the same for every client with the same scope. Published rules lower them: returning client, bundles, annual programme, multi-lot, re-bid and retainers, up to 25% of the documentation fee.
Working with us
Do you guarantee that we will win?
No one honestly can. The award belongs to the contracting authority and depends on competition. We answer for a compliant, coherent file submitted on time, and we tell you before you start what could disqualify you. If your bid is rejected for a formal error attributable to us, the Compliant File Guarantee refunds the documentation fee.
How do you protect our documents and data?
An NDA before any document is exchanged, a restricted document space, processing under the GDPR with data kept in the EU, and a data processing agreement. Your documents are used only for your mandates.
Can we use you for only part of the work?
Yes. Companies with their own bid team often use us for SEAP registration and e-signatures, the ESPD and qualification file, translations and apostilles, a pre-submission check, the financial proposal or remedies.
How quickly can you start on a live tender?
Immediately after the conflict check and the NDA, usually within one working day. When a deadline is already running, the Go/No-Go and the document vault run in parallel from day one. With fewer than 7 working days left, an urgency surcharge applies.