Unele riscuri de interes pentru contestatori în privința termenului de constituire a cauțiunilor aferente contestațiilor în materia achizițiilor publice
Some risks of interest to appellants regarding the time limit for lodging security bond in public procurement appeals

Summary/Abstract: The appellant has the procedural obligation to set up, within a maximum of five days from the filing date to the National Council for Solving Complaints, a security bond in a certain amount, pre-established by the legislator. The constitution of the security bond and its proof within the mentioned term represent conditions of admissibility of the appeal, the lack of timely revelation of the evidence leading to the rejection of the appeal. The term is not indicative, but vital for the fate of the appeal, meaning that its violation, through the fault of the appelant, leads to the incipient rejection of the appeal. The Council's recent practice has exposed a number of vulnerabilities for appellants, stemming from the rigid interpretation of art. 611 para. (1) of Law no. 101/2016, in the sense that the time limit for lodging the security bond can also be calculated from the date of dispatch of the appeal by postal or courier service, not only from the date of registration of the appeal with the Council. Another vulnerability also stems from the Council's refusal to accept security bond constituted outside the five days prescribed by the legislator. Instead, filling in the insufficient amount of the initial security bond is accepted, even if it takes place after the deadline.

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