The National Trade Union Bloc (BNS) proposes amending the draft emergency ordinance regarding the implementation of the SAFE Instrument, by reconfiguring the role of the Romanian Agency for Technological and Industrial Cooperation for Security and Defense (ARCTIS), and improving the framework for evaluating offers in defense procurement.
In this regard, on Friday, the NBS sent to Prime Minister Ilie Bolojan, to the Government, the Ministry of Finance, the Ministry of National Defense, the Ministry of Economy, Digitalization, Entrepreneurship and Tourism, the Defense Committee of the Chamber of Deputies and the Senate, as well as to the Permanent Bureaus of Parliament a set of proposed amendments to the draft emergency ordinance amending and supplementing OUG no. 62/2025 regarding the implementation of the SAFE Instrument.
The trade union confederation considers that, in the current form of the ordinance, there is a risk of diminishing the role of ARCTIS in the contract analysis process, which may lead to a weakening of the state's capacity to ensure the integration of national industrial interests within defense procurement.
In this context, the NBS proposes to conduct an analysis for public procurement contracts whose estimated value exceeds the threshold representing the equivalent of 10 million euros, excluding VAT. According to the trade unionists, contracts awarded based on procedures carried out by agencies/structures within NATO or the European Union should be exempted from the analysis process.
BNS considers that this formulation has the merit of restoring the necessary balance between the need for speed in defense procurement and the need to maintain a strategic analysis mechanism at the national level, through ARCTIS.
"Moreover, the introduction of the proposed exceptions reflects the operational realities of international cooperation in the field of defense, being in line with European and Euro-Atlantic practices, without affecting national industrial interests in cases where they can be exploited," the proposals state.
BNS also proposes that, if several potential suppliers of a product have been identified that meet the operational or similar requirements and cooperation requirements, the Working Group that analyzes the responses received, draws up a descending ranking for each project, based on the criterion of "the most economically advantageous offer", determined by evaluating the quality-cost ratio over the life cycle.
In the opinion of the trade unionists, the evaluation should be based on the following factors and weights: product value - 85%, determined by analyzing: performance and operational characteristics, logistical support and security of supply, degree of compliance with technical requirements; total operating cost over the life cycle, which includes the initial price, operating costs, maintenance and repair costs, training costs; industrial cooperation offer - 15%.
The evaluation of offers is carried out by comparing the value of the product to the total operating cost, in order to identify the solution that ensures the best value throughout the life cycle, BNS also indicates.
"The proposal aims to move from the limiting criterion of price to the principle of 'the most economically advantageous offer', in accordance with the specifics of defense procurement. The evaluation based on performance and total cost over the life cycle allows the identification of solutions that offer the best value for the armed forces, avoiding apparently cheaper options, but inefficient in the long term," emphasize the trade unionists from the BNS.
They add that the inclusion of the industrial cooperation component contributes to the integration of Romanian industry into the European Defense Industrial and Technological Base, supporting the efficient use of financial and human resources at the level of the member states.
"Both proposals aim to ensure a balance between the efficiency of the use of public funds, the operational needs of the armed forces and the strategic objective of integrating the Romanian industry into the European defense ecosystem," BNS notes.
The Confederation expresses its willingness to participate in any additional technical discussions on the proposals made and to contribute to the foundation of solid legislative solutions, in accordance with Romania's economic and social interests.
The Government approved, on Thursday, the emergency ordinance regarding the SAFE defense program, the provisions aimed at creating the conditions for Romania to be able to sign procurement contracts by the deadline of May 30, 2026, without administrative or budgetary blockages.
In this regard, the Ministry of Finance receives expanded responsibilities regarding the financial management of the SAFE program.
Also, the normative act introduces the instrument of the "cooperation agreement", which regulates "industrial obligations of economic cooperation, and the reception of products is conditioned by the fulfillment of these obligations, certified before delivery".
The normative act also introduces a series of amendments regarding the implementation of the PNRR in Romania. Thus, the possibility of extending the duration of contracts, decisions and financing orders until August 31, 2026, through a simplified notification mechanism, is introduced.
Romania will benefit from 16.68 billion euros in funding through the European Security Action for Europe (SAFE) mechanism, according to the allocations announced by the European Commission for the Member States. It is the second largest allocation established by the Commission. Participation in the SAFE program has three components: defense, budgetary and infrastructure. The SAFE instrument is a temporary financial mechanism of the European Union, with a budget of 150 billion euros, in the form of low-interest loans, for which some Member States, including Romania, have expressed their interest.
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