LEGAL AND TAX TREATMENT OF THE ASSOCIATIONS FOR THE PARTICIPATION IN TENDERS

Alina Bilan () and Lorena Ciobanu ()
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Alina Bilan: Bucharest Bar, Romania
Lorena Ciobanu: Bucharest Bar, Romania

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 14-25

Abstract: The participation of groups of economic operators with joint tender to public procurement procedures requires the conclusion of association agreements published together with the procurement documents by the contracting authorities. The contracting authorities often require these temporary associations specific legal forms, similar to joint ventures, or certain conditions concerning their organisation and functioning. This present study analyses the associations for participation to public tenders in light of public procurement and fiscal legislation, trying to asses if these contracts are joint venture agreements, to what extent the clauses comprised in the drafts imposed in the procuremnt documents are compatible with the public procurement and fiscal laws and if they may be challenged by the economic operators.

Keywords: temporary association for participation to public tenders; public procurement; fiscal treatment of associations for participation to public procurement procedures. (search for similar items in EconPapers)
JEL-codes: K K23 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:6:y:2017:i:1:p:14-25

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