How to win government contracts and tenders in Romania
- Ian Makgill
- Guides
- 08 Mar, 2025
- 03 Mins read
Securing Government Contracts in Romania: A Strategic Guide for Businesses
Romania presents significant opportunities for businesses interested in government procurement, especially given the country's substantial investments under the National Recovery and Resilience Plan (NRRP), highlighting nearly $530 million allocated to digital transformation initiatives. To successfully navigate this promising market, companies must understand the specific regulatory framework, company registration processes, tender announcements, and compliance requirements.
Legal Framework Governing Public Procurement
The Romanian procurement system is primarily governed by Law No. 98/2016, which transposes relevant European Union directives into national legislation. This legal framework emphasizes transparency, efficiency, and equal treatment. Key requirements include mandatory publication of tender notifications through Romania's official online procurement portal—Sistemul Electronic de Achiziții Publice (SEAP).
Important Compliance Obligations:
- EU Procurement Principles: Equal treatment for bidders regardless of nationality within the EU.
- Anti-Corruption and Ethics: Strict enforcement by entities such as the National Anticorruption Directorate (DNA).
- Dedicated Oversight: For sensitive sectors—such as defense, energy, and IT—the Autoritatea pentru Digitalizarea României (ADR) and other specialized bodies regularly oversee procurement and project performance.
Company Registration Requirements for Foreign Firms
Foreign businesses aiming to bid on Romanian governmental contracts must register a local legal entity, typically either as a Limited Liability Company (Societate cu Răspundere Limitată or SRL) or as a Joint Stock Company (Societate pe Acțiuni or SA).
Registration Essentials:
- Limited Liability Company (SRL): Requires a minimum of RON 1 as starting capital, registered office address (physical or virtual), Articles of Incorporation, and tax registration with the Romanian National Agency for Fiscal Administration (ANAF).
- Joint Stock Company (SA): Requires a minimum share capital of RON 90,000, and is usually suited for businesses targeting larger infrastructure projects with higher financial guarantees.
Navigating the Procurement Process
All Romanian public tenders valued above approximately €40,000 are published officially on SEAP (https://www.e-licitatie.ro/pub).
High-Priority Sectors Funded by NRRP include:
- Digital Infrastructure: Application migration services, cybersecurity audits, cloud integration.
- Energy Transition: Engineering consultancy and equipment supply for sustainable energy and infrastructure projects.
Bidders must submit:
- A detailed technical proposal demonstrating alignment with project-specific and sectoral requirements (such as GDPR compliance and cybersecurity standards).
- A financial bid clearly specifying costs, denominated in Romanian currency (RON).
Documentation and Preparation for Bids
Typically required documents include:
- Company Proof of Incorporation: Articles of Incorporation and company registration documents.
- Proof of Address: Documentation verifying registered office location (lease agreements or virtual office credentials).
- Tax and VAT Registrations: Issued by ANAF, required for financial transparency and compliance.
- Quality and Compliance Certifications: Certifications such as ISO 9001 for quality management and sector-specific certifications relevant to the services offered.
- Proof of Procurement Experience: Proof of previous successful execution within similar public sector contracts, typically a minimum of three examples over the prior five years.
- Bank Guarantee: Usually set at approximately 5% of the total bid value, from Romanian banking institutions.
Post-Award Compliance and Performance Monitoring
After contract award, businesses are subject to strict monitoring, covering financial transparency, operational compliance, and ethical adherence by authorities including ADR and DNA. Non-compliance can result in considerable penalties such as hefty fines or exclusion from future contracting opportunities.
Strategic Recommendations for Success
- Engage trusted local advisors to aid in understanding specific regulatory directives and language nuances in bid documentation.
- Participate proactively in consultations organized by procuring bodies (e.g., ADR) for insight into procurement processes, technical expectations, and evaluation criteria.
- Regularly monitor SEAP and other official portals for emerging opportunities, and timely updates on tender criteria.
- Prioritize obtaining recognized certifications that align with Romania’s strategic priorities, such as European or sector-specific sustainability certifications, to increase bid competitiveness.
By meticulously preparing documentation, complying with regulatory standards, and aligning strategically to Romania’s policy objectives, international firms can position themselves advantageously to secure lucrative and sustainable public sector contracts in Romania.
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[3] https://en.wikipedia.org/wiki/Economy_of_Romania
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[12] https://www.adr.gov.ro
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[15] http://ier.gov.ro/en/home-en/