Aspecte relevante derivând din testul de compatibilitate dintre procedura insolvenței și alte legislații
Relevant aspects derived from the comparison of a compatibility test between insolvency procedures and other legislations

Summary/Abstract: In this paper, we are taking into consideration (i) an analysis of the de plano permission granted to a bidder in a public procurement procedure, should said bidder qualify, when the bidder is insolvent, and (ii) what would be considered reasonable standards of evidence for such qualification, in an interpretation correlated with certain normative texts included in the Insolvency code. On the one hand, the provisions of art. 1542 of Law no. 85/2006, as well as those of art. 341 of the Insolvency Code, state that any limitation instated through legal norms or contract provisions upon the initiation of the insolvency procedure will be applicable exclusively starting with the date when bankruptcy is initiated. On the other hand, according to art. 180 para. (1) letter b) of Law no. 99/2016 on sector procurement, the contracting authority will exclude from the procedure any company that is undergoing insolvency or liquidation. The same legal text states that the authority will not exclude an insolvent company that can prove that it can carry out the contract involved in the procurement procedures. What is the correlation between these two, apparently contradictory, regulations in practice and what evidence is necessary to prove the ability to carry out the contract? These are the main topics of analysis for our article.

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