Tenderers who have lost a public tender in Romania, or who consider that the procurement documents put them at a disadvantage, have a swift remedy available to them, governed by Law no. 101/2016 on remedies and appeals in respect of the award of public procurement contracts, sectoral contracts and works concession and services concession contracts, and on the organisation and functioning of the National Council for Solving Complaints (‘Law no. 101/2016’). The time limits are short and are calculated in calendar days, excluding the day on which the act to be challenged was communicated. Furthermore, if the last day of a time limit is a non-working day, the time limit ends on the next working day.
The regime has changed several times since 2016, and the challenger pays a security deposit (cauțiune) whose cap was increased in 2021, in certain cases. We set out below the rules applicable as at 2 November 2026, including for foreign tenderers.
1. Who may bring a challenge
Under Article 2(1) of Law no. 101/2016, any person who considers that a right or legitimate interest of theirs has been harmed by an act of the contracting authority may seek annulment of the act, an order requiring the authority to issue an act or to adopt remedial measures, or recognition of the right claimed.
Article 3(1)(f) of Law no. 101/2016 defines an aggrieved person as an economic operator that cumulatively meets two conditions: (i) it has an interest in the award procedure and (ii) it has suffered, is suffering or risks suffering harm. Any act or operation producing legal effects may be challenged, including a refusal to issue an act (for example: the procurement documents, responses to requests for clarification, the procedure report or the decision to cancel the procedure) or to carry out an operation.
Foreign tenderers have the same rights. In practice, a challenger established abroad must indicate an address for service in Romania for the communication of procedural documents.
2. Time limit for bringing a challenge: 10 or 7 days
Under Article 8(1) of Law no. 101/2016, the time limit is:
- 10 days, if the estimated value of the contract is equal to or above the value thresholds from which the procedure is published in the Official Journal of the European Union;
- 7 days, if the estimated value is below those value thresholds.
The time limit runs from the day following that on which the person became aware of the act considered unlawful. For the procurement documents, the date of awareness is the date of their publication in SEAP (the Romanian electronic public procurement system) [Article 8(2) of Law no. 101/2016]. If the last day of the time limit is a non-working day, the time limit is extended until the first following working day.
The challenge and its accompanying documents must be communicated, within the statutory time limit, both to the CNSC and to the contracting authority (Article 16 of Law no. 101/2016).
Value thresholds applicable from 1 January 2026
The thresholds, expressed in lei (RON) excluding VAT, determine both the 10- or 7-day time limit and the cap on the security deposit. For procedures launched from 1 January 2026, the thresholds are:
- works: 26,960,556 lei (Law no. 98/2016 on public procurement and Law no. 99/2016 on sectoral procurement);
- supplies and services, central contracting authorities: 698,460 lei;
- supplies and services, other contracting authorities (including regional and local ones): 1,077,624 lei;
- supplies and services in sectoral procurement: 2,155,248 lei.
3. CNSC or the court
Article 4(1) of Law no. 101/2016 allows the aggrieved person to choose between (i) the administrative-jurisdictional route, before the CNSC, and (ii) the judicial route, before the court. If the same person challenges the same act before both bodies, they are presumed to have waived the administrative-jurisdictional route [Article 4(6) of Law no. 101/2016].
Proceedings before the CNSC are free of charge [Article 11(3) of Law no. 101/2016]. On the judicial route, the challenge is heard by the Tribunal within 45 days, with the time limits for bringing a challenge applying accordingly, and the court fee (stamp duty) is 2% of the estimated value of the contract (Article 522 of Law no. 101/2016). You can find more on litigation strategy on our litigation and arbitration page.
4. The security deposit: amount, form and refund
What happened to the good-conduct guarantee
The good-conduct guarantee (garanția de bună conduită) existed under Government Emergency Ordinance (GEO) no. 34/2006 and was lodged with the contracting authority. Law no. 101/2016 abandoned this mechanism, and GEO no. 45/2018 introduced Article 611, which requires a security deposit for the resolution of the challenge. By Decision no. 865/2019, the Constitutional Court held that Article 611 is constitutional.
Amount
The security deposit is 2% of the estimated value of the contract, but no more than:
- 35,000 lei, below the thresholds, where the challenge is lodged before the deadline for submission of tenders;
- 88,000 lei, below the thresholds, after that deadline;
- 220,000 lei, at or above the thresholds, before the deadline for submission of tenders;
- 2,000,000 lei, at or above the thresholds, after that deadline.
The security deposit must be lodged within no more than 5 days of the matter being referred to the CNSC, failing which the challenge will be dismissed. Contracting authorities are exempt from payment of the security deposit. As regards the manner of lodging the security deposit, the rule is the payment of a sum of money, either in cash or by bank transfer (the most common method in practice). According to Constitutional Court Decision no. 376/2023, other financial instruments may be used only within the limits of the law and with the consent of the contracting authority.
Refund and retention
The security deposit is refunded on request, after the decision has become final, but no earlier than 30 days from that point. The security deposit remains frozen if the contracting authority claims damages in court within that period. Since 2022, GEO no. 26/2022 amending and supplementing certain legislative acts in the field of public investment has introduced an obligation for a contracting authority that finally prevails in the challenge to take steps to retain the security deposit, solely up to the amount of the loss caused by the delay to the award procedure (where applicable). Accordingly, the mere dismissal of the challenge does not automatically entail retention of the security deposit; the existence and extent of the loss, as well as the causal link, must be proven.
Have you received the outcome of the procedure and has the time limit for a challenge started to run? We will analyse the procedure report and tell you promptly whether and how you should bring a challenge.
5. Proceedings before the CNSC and the effect on the contract
The CNSC decides the challenge on the merits within 20 days of the date of receipt of the public procurement file; in duly justified cases, the time limit may be extended by 10 days [Article 24(2) of Law no. 101/2016]. The contracting authority may adopt remedial measures within no more than 3 days of receipt of the challenge [Article 9(1) of Law no. 101/2016].
Lodging a challenge does not automatically suspend the award procedure. The CNSC may, on application, order the suspension of the procedure or of an act of the authority, in well-justified cases and in order to prevent imminent damage, within 3 days of receipt of the application for suspension [Article 22 of Law no. 101/2016]. The public procurement contract may be concluded only after the CNSC decision upholding the outcome of the award procedure has been delivered and communicated, and after the expiry of the statutory standstill period laid down in Article 59(1) of Law no. 101/2016, namely: (i) 11 days for contracts whose estimated value is equal to or above the European thresholds or (ii) 8 days for those with a value below those thresholds, calculated from the day following the transmission of the award decision to the tenderers concerned. The contract may be concluded even if the CNSC decision has been appealed (plângere) and the case has not been finally resolved; however, failure to comply with the conditions laid down in Article 9(4) of Law no. 101/2016 entails the absolute nullity of the contract, pursuant to Article 9(5) of the same Law.
6. Appeal against the CNSC decision
The CNSC decision may be contested by way of an appeal (plângere), on grounds of unlawfulness or lack of merit, within 10 days of its communication to the parties [Article 29 of Law no. 101/2016]. Jurisdiction lies with the Court of Appeal within whose territorial jurisdiction the contracting authority has its seat, sitting in panels specialised in public procurement [Article 32(1) of Law no. 101/2016]. The court rules within no more than 45 days, and the judgment of the Court of Appeal is final.
The appeal must be communicated to the other parties within the same time limit [Article 31(1) of Law no. 101/2016] and is exempt from court fees (stamp duty) [Article 361 of Law no. 101/2016]. No new evidence may be put forward in the appeal beyond that adduced in the challenge.
7. Damages and disputes concerning performance of the contract
Claims for damages for loss caused in the award procedure are heard at first instance by the administrative and tax litigation section of the Tribunal, as a matter of urgency, within 45 days [Article 53(1) of Law no. 101/2016]. Damages may be awarded only after annulment of the unlawful act. The time limit for bringing the action is 1 year from the date on which the right of action arises. Claims are subject to a court fee of 2% of the value of the claim, but no more than 100,000,000 lei [Article 56(1) of Law no. 101/2016].
Disputes concerning performance of the contract fall within the jurisdiction of the same section of the Tribunal [Article 53(11) of Law no. 101/2016]. Actions concerning performance, annulment or nullity of the contract must be brought within 3 years, and those concerning rescission (rezoluțiune), termination (reziliere), unilateral withdrawal or early termination of public procurement contracts within 30 days from the date on which the right arises [Article 53(8) and (9) of Law no. 101/2016]. Judgments may be appealed to the Court of Appeal within 10 days of communication. The parties may agree that these disputes be resolved by arbitration (Article 57 of Law no. 101/2016).
8. Checklist for the first 48 hours after the outcome
- Note the date and time at which you received notice of the outcome and calculate the 10- or 7-day time limit, depending on the estimated value and the 2026 thresholds.
- Check whether the document communicated sets out the specific reasons for rejection, and request access to the public procurement file and to the procedure report.
- Calculate the security deposit (2% of the estimated value, subject to the applicable cap) and secure the funds, which must be transferred within no more than 5 days of the matter being referred to the CNSC.
- Choose the route: CNSC or the court. If you need the procedure to be delayed, consider also preparing an application for suspension.
- Foreign tenderers: prepare the power of attorney and the address for service in Romania.
- Plan to send the challenge, on the same day, to the CNSC and to the contracting authority, keeping proof of receipt.
Frequently asked questions
Is the time limit for a challenge below the European thresholds 10 or 7 days?
In the version currently in force of Article 8(1)(b) of Law no. 101/2016, the time limit for procedures with a value below the thresholds is 7 days. The 10-day time limit applies if the estimated value reaches or exceeds the European thresholds.
Can I provide a bank guarantee letter instead of the security deposit?
The rule is that the security deposit is lodged either in cash or by bank transfer. Other instruments may be used only within the limits of the law and with the consent of the contracting authority.
Do I lose my security deposit if the CNSC dismisses the challenge?
Not automatically. The contracting authority may obtain retention of the security deposit only up to the amount of the loss caused by the delay to the procedure, which it must prove in court.
Adesman & Asociații assists Romanian and foreign economic operators in challenges before the CNSC, appeals before the Courts of Appeal and disputes concerning the performance of public contracts. Find out more about our public procurement and public-private partnerships practice.
Is a time limit for a challenge currently running? Speak to our public procurement team before it expires.
This material is provided for general information purposes only and does not constitute legal advice. The applicable regime must be analysed in the light of the specific procedure and the legislation in force at the date of the analysis.
