The ascertaining document and its effects. Consequences and practical issues, with particular focus on infrastructure
The ascertaining document and its effects. Consequences and practical issues, with particular focus on infrastructure

Summary/Abstract: In the context of major road infrastructure projects in Romania, a noticeable surge in the issuance of ascertaining documents by contracting authorities, particularly those with negative implications, has been observed. Consequently, we deemed it essential to undertake an in-depth analysis of the distinctive features characterising these documents, as revealed in public procurement practice. Commencing with overarching considerations, our examination delves into specific issues, including the potential impact of a negative document issued for non-compliance with obligations during the design phase on a contractor's future participation in procurement procedures, especially when the contractor, as a member of a joint venture, bears responsibilities related to the execution phase within the context of a design and execution of works contract. The foundation of this article rests primarily on the 2023 case law of the European Court of Justice, complemented by insights from national courts and the National Council for Solving Complaints.

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