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Articles 271a and 271b of the Ordonanţă de Urgență a Guvernului nr. 34/2006, privind atribuirea contractelor de achiziţie publică, a contractelor de concesiune de lucrări publice şi a contractelor de concesiune de servicii (Government Emergency Ordinance No 34/2006 on the procedures for the award of public supply, works and services contracts) as amended and supplemented by the Ordonanţă de Urgență a Guvernului nr. 51/2014 (Government Emergency Ordinance No 51/2014) (the ‘OUG’) provides: ‘Article 271a (1) For the purpose of protecting the contracting authority against the risk of any improper conduct, the party challenging the decision shall be required to provide a good conduct guarantee covering the entire period from the date on which the challenge/application/action is lodged to the date on which the decision of the National Council for Dispute Resolution/the judgment of the competent judicial authority has become final. (2) The challenge/application/action shall be dismissed if the party challenging the decision fails to furnish proof that the guarantee referred to in paragraph 1 has been provided. (3) The good conduct guarantee shall be provided by means of bank transfer or a guarantee instrument issued in compliance with legal requirements by a banking institution or an insurance company; the original guarantee shall be lodged at the offices of the contracting authority and a copy with the National Council for Dispute Resolution or the judicial authorities at the same time as the challenge/application/action is lodged. (4) The total amount of the good conduct guarantee shall be determined by reference to the estimated value of the contract to be awarded, in accordance with the following rules: (a) 1% of the estimated value, if this is lower than the threshold amounts provided for in Article 55(2)(a) and (b); (b) 1% of the estimated value, if this is lower than the threshold amounts provided for in Article 55(2)(c), but not greater than the equivalent in [Romanian lei (RON)] of EUR 10000, according to the exchange rate of the Romanian National Bank applicable at the date on which the guarantee is provided; (c) 1% of the estimated value, if this is equal to or greater than the threshold amounts set out in Article 55(2)(a) and (b), but not greater than the equivalent in RON of EUR 25000 according to the exchange rate of the Romanian National Bank applicable at the date on which the guarantee is provided; (d) 1% of the estimated value, if this is equal to or greater than the threshold amounts set out in Article 55(2)(c), but not greater than the equivalent in RON of EUR 100000 according to the exchange rate of the Romanian National Bank applicable at the date on which the guarantee is provided. (5) The good conduct guarantee must be valid for a period of at least 90 days, be irrevocable and provide for unconditional payment upon first request of the contracting authority where the challenge/application/action is rejected. (6) If, on the day on which the good conduct guarantee is due to expire, the decision of the National Council for Dispute Resolution or the judgment of the judicial authority has not become final and the party challenging the decision has failed to extend the validity of the good conduct guarantee in accordance with the requirements laid down in paragraphs 1 to 5, the contracting authority shall retain the guarantee. The provisions set out in Article 271b(3) to (5) shall apply mutatis mutandis. (7) The provisions set out in paragraphs 1 to 6 shall also apply mutatis mutandis where the action against the decision of the National Council for Dispute Resolution is brought by a person other than the contracting authority or the party challenging the decision, in accordance with Article 281. Article 271b (1) If the challenge is dismissed by the National Council for Dispute Resolution or by the judicial authority, where the party challenging the decision has brought proceedings directly before the latter, the contracting authority shall be required to retain the good conduct guarantee as from the time at which the decision of the National Council for Dispute Resolution/the judgment of the judicial authority becomes final. The requirement to retain the guarantee shall apply to the parts of the contract in respect of which the challenge has been dismissed. (2) Paragraph 1 shall also apply where the party challenging the decision withdraws the challenge/application/action. (3) The measure referred to in paragraph 1 shall not apply where the National Council for Dispute Resolution/the judicial authority dismisses the challenge as devoid of purpose or where the challenge/application/action is withdrawn following the adoption, by the contracting authority, of corrective measures necessary under Article 256c(1). (4) Where the National Council for Dispute Resolution upholds the challenge, or the competent judicial authority upholds the action brought against the National Council for Dispute Resolution’s decision to dismiss the challenge, the contracting authority shall be required to return the good conduct guarantee to the party challenging the decision no later than five days following the date on which the decision/judgment has become final. (5) Where the party challenging the decision has brought proceedings directly before the judicial authority and the latter upholds the action, paragraph 4 shall apply mutatis mutandis. (6) The amounts received by the contracting authority under the good conduct guarantee shall be classified as income of that contracting authority.’