Certificate of performance in direct procurement. What economic operators need to know

In practice, direct procurements are often regarded as simple procedures, without major legal or administrative implications. Precisely because they are used for lower-value contracts, they tend to be treated more as a formality. However, for an economic operator that pays attention to its contractual track record, even a direct procurement properly completed can matter.

A well-performed contract is not merely a commercial relationship concluded without issues. It can also become useful evidence of similar experience, especially when the economic operator later participates in more complex award procedures. In addition, it contributes to building the image of a reliable partner, one that assumes its obligations and carries them through to completion.

In this context, Article 166(6) of Government Decision no. 395/2016 is important. The provision states that, in the case of contracts awarded through direct procurement, the contracting authority may issue a performance document if the economic operator expressly requests it. Therefore, this is not an automatic obligation of the authority, but rather a possibility which is, in principle, triggered by the economic operator’s request.

The distinction is relevant in practice. If the economic operator does not request the issuance of the performance document, it is quite possible that it will not be issued at all, unless the authority’s internal procedures provide for such a practice. And this is where an important opportunity is sometimes lost without being noticed at the time: contracts that were properly performed, but which can no longer be used as easily later on, because the document officially confirming proper performance is missing.

When and how can the certificate of performance be requested?

The appropriate moment is upon contract completion, when the economic operator can demonstrate that it has fulfilled all its obligations. The request must be addressed to the contracting authority in writing, explicitly invoking art. 166 para. (6) of Government Decision 395/2016.

An unjustified refusal — especially from an authority that issues such documents for other similar contracts — can be challenged as abusive exercise of discretionary power.

A special case: defense and security

Emergency Ordinance no. 114/2011, which regulates procurement in the fields of defense and security, does not contain equivalent provisions. Operators active in these sectors find themselves in a regulatory void, but are not without options: they can request the certificate by invoking the principles of good administration or can propose that the authority adopt an internal procedure that explicitly provides for this possibility.

Practical conclusion

If you have successfully performed a direct procurement contract, consider requesting the certificate of performance. When the contract has been properly performed, this document should be relatively straightforward to obtain and may prove valuable later when demonstrating similar experience in a competitive award procedure.