ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  RESTRICTED 
GPA/ACC/MDA/6 
13 de septiembre de 2012 
 (12-4902) 
Comité de Contratación Pública Original:   inglés 
  
 
ADHESIÓN DE LA REPÚBLICA DE MOLDOVA AL ACUERDO 
SOBRE CONTRATACIÓN PÚBLICA 
 
Oferta revisada
* 
 
 
 La siguiente comunicación, de fecha 29 de agos to de 2012, se distribuye a petición de la 
delegación de la República de Moldova.  
_______________ 
 
  La Misión Permanente de la República de Mol dova ante la Oficina de las Naciones Unidas en 
Ginebra saluda atentamente a la Secretaría de la Organización Mundial del Comercio y, a fin de dar aplicación a los compromisos contraídos por la República de Moldova en el marco de la Organización Mundial del Comercio, en especial por lo que se refiere a la contratación pública, tiene el honor de 
presentar adjunta su oferta revisada con miras a su adhesión al Acuerdo sobre Contratación Pública 
(ACP) de la OMC.   La presente oferta se basa en el texto revi sado del Acuerdo (GPA/113, de 2 de abril de 2012) 
y se distribuye únicamente a efectos de debate.  La  República de Moldova (RM) se reserva el derecho 
a revisar esta oferta a fin de corregir cualquier pos ible error, omisión o inexactitud o adaptarla al 
Acuerdo no modificado en caso de que  la adhesión de Moldova al ACP tenga lugar antes de la entrada 
en vigor del Protocolo por el que se modifica el Acuerdo sobre Contratación Pública.  Ningún 
elemento del presente documento debe considerarse  como una parte definitiva de la oferta final 
de Moldova  
 
                                                      
* En inglés solamente. GPA/ACC/MDA/6 
Página 2  
 
  REVISED OFFER 
 
APPENDIX I 
 
MOLDOVA 
 
(Authentic in the English Language) 
 
ANNEX 1 
 
Central Authorities which Procure in Accordance with 
the Procedures of this Agreement Government Entities 
 
Thresholds (*): 
 
Goods          SDR 130,000 
 Services (specified in Annex 45)      SDR 130,000 
 
Construction services (specified in Annex 56)     SDR 5,000,000 
 
(*) Subject to Note 1 below. 
 List of Entities : 
 1. Office of the President and institutions subor dinated to it and under its  supervision of RM 
2. Office of the Parliament and institutions s ubordinated to it and under its supervision of RM 
3. Office of the Government and institutions subor dinated to it and under its supervision of RM 
4. Ministry of Foreign Affairs and European In tegration and institutions  subordinated to it and 
under its supervision of RM 
5. Ministry of Interior Internal Affairs and institutions subordina ted to it and under its 
supervision of RM 
6. Ministry of Agriculture and Food Industry and institutions subordinated to it and under its 
supervision of RM 
7. Ministry of Defence and institutions subordin ated to it and under its supervision of RM 
8. Ministry of Culture and Tourism and institu tions subordinated to it and under its supervision 
of RM 
9. Ministry of Ecology and Natural Resources a nd institutions subordinated to it and under its 
supervision Ministry of Environment of RM 
10. Ministry of Finances and institutions subordi nated to it and under it s supervision of RM 
11. Ministry of Education and Y outh and institutions subordinated to it and under its supervision 
of RM 
12. Ministry of Justice and institutions subor dinated to it and under its supervision of RM 
13. Ministry of  Labour, Social Protection, and Family an d Child and instituti ons subordinated to 
it and under its supervision of RM 
14. Ministry of Health and institutions subord inated to it and under its supervision of RM 
15. Ministry of Economy and Trade and institutions  subordinated to it and under its supervision 
of RM 
16. Ministry of Informational Development a nd institutions subordina ted to it and under its 
supervision Information Technologies and Communications  of RM 
17. Ministry of Reintegration and institutions  subordinated to it a nd under its supervision 
Regional Development and Constructions of RM  GPA/ACC/MDA/6 
 Página 3 
 
 
  18. Ministry of Local Public Administration and institutions subordinated to it and under its 
supervision Transport and Road Infrastructure  of RM 
19. Ministry of Youth and Sports  of RM 
20. National Bank of Moldova 
21. Court of Accounts 
22. The Supreme Court of Justice 
23. Constitutional Court 
24. Office of the General Prosecutor 
25. National Commission of Financial Market 
26. National Agency for the Protection of Competition 
27. Public Property Agency 
28. Consumer Protection Agency 
29. Energy Efficiency Agency 
30. Public Procurement Agency 
31. State Tax Service 
1932. Customs Service 
33. The National Regulatory Agency fo r Telecommunications and Informatics 
34. National Agency for Regulation in Energetics 
35. State Agency on Intellectual Property (AGEPI) 
36. State Construction Inspectorate 
37. Agency for Intervention and Payments for Agriculture 
38. Sanitary-Veterinary and Animal Products Safety Agency 
39. State Ecological Inspectorate 
40. State Hydrometeorological Service 
41. Geology and Mineral Resources Agency 
42. National Agency for Regulation of Nuclear and Radiological Activity 
43. Agency "Apele Moldovei" 
44. Fisheries Service 
45. National Employment Agency 
46. Labor Inspection 
2047. Interethnic Relations Bureau  
2148. National Statistics Bureau 
2249. Border Service  
23. Agency for Constructions and Territorial Development 
2450. Forestry Agency "Moldsilva" 
2551. Agri-industrial Agency "Moldova-Vin" 
2652. Material Reserves, Public Acquis itions and Humanitarian Aid Agency 
2753. Cadastre and Land Relations Agency 
2854. Centre for Combating Economic Crime and Corruption 
55. Information and Security Service 
2956. Licensing Chamber 
3057. Sport Tourism Agency 
 
[This list is provisional. ] 
 
This Agreement will generally apply to procurem ent by the Ministry of Defence, Information 
and Security Service, Border Service or Ministry of Internal Affairs of the following supplies goods 
and equipments categories subject to the Governme nt of Moldova determina tions under the provisions 
of Article XXIII III, paragraph 1 (numbers refer to the HS): 
 
Chapter 25: Salt, sulphur, earths and stone , plastering materials, lime and cement 
 Chapter 26: Metallic ores, slag and ash GPA/ACC/MDA/6 
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Chapter 27: Mineral fuels, mineral oils a nd products of their distillation, bituminous 
substances, mineral waxes 
 except:  ex 27.10:  heating and engine fuels 
 
Chapter 28: Inorganic chemicals, organic a nd inorganic compounds of precious metals, of 
rare-earth metals, of radio- active elements and isotopes 
 except:  ex 28.09:  explosives 
 ex 28.13:  explosives 
 ex 28.14:  tear gas  ex 28.28:  explosives  ex 28.32:  explosives  ex 28.39:  explosives 
 ex 28.50:  toxic products 
 ex 28.51:  toxic products  ex 28.54:  explosives  Chapter 29: Organic chemicals  except: 
 ex 29.03:  explosives 
 ex 29.04:  explosives  ex 29.07:  explosives  ex 29.08:  explosives  ex 29.11:  explosives 
 ex 29.12:  explosives 
 ex 29.13:  toxic products  ex 29.14:  toxic products  ex 29.15:  toxic products  ex 29.21:  toxic products  ex 29.22:  toxic products 
 ex 29.23:  toxic products 
 ex 29.26:  explosives  ex 29.27:  toxic products  ex 29.29:  explosives  
Chapter 30: Pharmaceutical products 
 Chapter 31: Fertilizers  Chapter 32: Tanning and dyeing extracts, tanni ngs and their derivatives, dyes, colours, 
paints and varnishes, putty, fillers and stoppings, inks 
 
Chapter 33: Essential oils and resinoids, pe rfumery, cosmetic or toilet preparations 
 Chapter 34: Soap, organic surface-active ag ents, washing preparations, lubricating 
preparations, artificial waxes, pr epared waxes polishing and scouring 
preparations, candles and similar articles, modelling pastes and "dental 
waxes" 
Chapter 36 Explosives, pyrotechnic produc ts, matches, pyrophoric alloys, certain 
combustible preparations  
  GPA/ACC/MDA/6 
 Página 5 
 
 
  Chapter 35: Albuminoidal substances, glues, enzymes 
 Chapter 37: Photographic and cinematographic goods  Chapter 38: Miscellaneous chemical products 
 except: 
 ex 38.19:  toxic products  Chapter 39: Artificial resins and plastic mate rials, cellulose esters and ethers, articles 
thereof 
 except: 
 ex 39.03:  explosives  Chapter 40: Rubber, synthetic rubbe r, factice, and articles thereof 
 except: 
 ex 40.11:  bullet-proof tyres 
 Chapter 41: Raw hides and skins (o ther than furskins) and leather 
 Chapter 42: Articles of leather, saddlery and harness, travel goods, handbags and similar 
containers, articles of animal gut (other than silk-worm gut) 
 
Chapter 43: Furskins and artificial fur, manufactures thereof  Chapter 44: Wood and articles of wood, wood charcoal  
Chapter 45: Cork and articles of cork 
 Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basketware 
and wickerwork 
 Chapter 47: Paper-making material 
 
Chapter 48: Paper and paperboard, articles of  paper pulp, of paper or of paperboard 
 Chapter 49: Printed books, newspapers, pi ctures and other products of the printing 
industry, manuscripts, typescripts and plans 
 
Chapter 65: Headgear and parts thereof  except:  ex 65.05:  military headgear  Chapter 66: Umbrellas, sunshades, walking-s ticks, whips, riding-crops and parts thereof 
 
Chapter 67: Prepared feathers and down and articles made of feathers or of down, 
artificial flowers, articles of human hair 
 Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar 
materials 
 Chapter 69: Ceramic products  Chapter 70: Glass and glassware GPA/ACC/MDA/6 
Página 6  
 
   
Chapter 71: Pearls, precious and semi-precious  stones, precious metals, rolled precious 
metals, and articles thereof;  imitation jewellery 
 Chapter 72: Coins 
 
Chapter 73: Iron and steel and articles thereof  Chapter 74: Copper and articles thereof  
Chapter 75: Nickel and articles thereof 
 Chapter 76: Aluminium and articles thereof  Chapter 77: Magnesium and beryllium and articles thereof 
 
Chapter 78: Lead and articles thereof  Chapter 79: Zinc and articles thereof  Chapter 80: Tin and articles thereof 
 
Chapter 81: Other base metals employed in metallurgy and articles thereof  Chapter 82: Tools, implements, cutlery, spoons  and forks, of base metal, parts thereof 
 except: 
 ex 82.05:  tools 
 ex 82.07:  tools, parts  ex 82.08:  hand tools  Chapter 83: Miscellaneous articles of base metal  
Chapter 84: Boilers, machinery and me chanical appliances, parts thereof 
 except:  ex 84.06:  engines  ex 84.08:  other engines  ex 84.45:  machinery 
 ex 84.53:  automatic data-processing machines  
 ex 84.55:  parts of machines under heading No 84.53  ex 84.59:  nuclear reactors   Chapter 85: Electrical machinery and equipment, parts thereof  except: 
 ex 85.03:  electric cells and batteries 
 ex 85.13:  telecommunication equipment  ex 85.15:  transmission apparatus  Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof;  railway 
and tramway tracks fixtures and fittings, traffic signalling equipment of all 
kinds (not electrically powered) 
 except:  ex 86.02:  armoured locomotives, electric  ex 86.03:  other armoured locomotives  GPA/ACC/MDA/6 
 Página 7 
 
 
   ex 86.05:  armoured wagons 
 ex 86.06:  repair wagons  ex 86.07:  wagons  Chapter 87: Vehicles, other than railway or  tramway rolling-stock, and parts thereof 
 except: 
 ex 87.08:  tanks and other armoured vehicles  ex 87.01:  tractors  ex 87.02:  military vehicles  ex 87.03:  breakdown lorries 
 ex 87.09:  motorcycles 
 ex 87.14:  trailers  Chapter 88: Aircraft and parts thereof   
Chapter 89: Ships, boats and floating structures 
 except:  ex 89.01:  warships   ex 89.01 A:  warships   ex 89.03:  floating structures   
Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, 
medical and surgical instruments and apparatus, parts thereof 
except: ex 90.05:  binoculars ex 90.13:  miscellaneous instruments, lasers 
ex 90.14:  telemeters 
ex 90.28:  electrical and electronic measuring instruments ex 90.11:  microscopes ex 90.17:  medical instruments ex 90.18:  mechano-therapy appliances ex 90.19:  orthopaedic appliances 
ex 90.20:  X-ray apparatus 
 Chapter 91: Clocks and watches and parts thereof  Chapter 92: Musical instruments, sound reco rders or reproducers, television image and 
sound recorders or reproducers, parts and accessories of such articles 
 Chapter 94: Furniture and parts thereof, be dding, mattresses, mattress supports, cushions 
and similar stuffed furnishings 
 except:  ex 94.01 A:  aircraft seats 
 
Chapter 95: Articles and manufactures of carving or moulding material  Chapter 96: Brooms, brushes, powder-puffs and sieves  
Chapter 97: Toys, games and sport requisites, parts thereof  
 Chapter 98: Miscellaneous manufactured articles  GPA/ACC/MDA/6 
Página 8  
 
  [This list is provisional.  The final list will be comp leted with the assistance of the National Security 
Council. ] 
 
 Notes to Annex 1 
 1. Thresholds in respect of goods and services are subject to a three year transition period.  In 
the first year following accession, the thresholds fo r both goods and services will be SDR 300,000, in 
the second year following accession, they will be SDR 200,000.  In the third year following accession, 
the thresholds will be and will thereafter rema in at SDR 130,000 as set out in this Annex. 
 
2. This list refers to all ce ntral government entities, subordi nated organizations and their 
successors in title as defined in Article 24 of Law on Government No 64-XII of 31 May 1990 with all 
its subsequent amendments and modifications.  
3. The conditions specified in the Ge neral Notes apply to this Annex. 
  GPA/ACC/MDA/6 
 Page 9 
 
 
  ANNEX 2 
 
Sub-Central Authorities which Procure in Accordance with 
the Procedures of this Agreement Government Entities 
 
 
Thresholds (*): 
 Goods          SDR 200,000  
 
Services (specified in Annex 45)      SDR 200,000 
 
Construction services (specified in Annex 56)     SDR 5,000,000 
 
(*) Subject to Note 1 below. 
 
 List of Entities : 
 1. Following local authorities as defined by Law on Local Public Administration No 436-XVI of 28 December 2006: 
 
- Municipality of Chisinau - Municipality of Balti 
 The following district authorities (consilii): 
 
- Anenii Noi - Basarabeasca - Briceni - Cahul - Cantemir 
- Calara şi 
- C ăuşeni 
- Cimi şlia 
- Criuleni - Dondu şeni 
- Drochia 
- Dub ăsari 
- Edine ţ 
- F ăleşti 
- Flore şti 
- Glodeni 
- H ănceşti 
- Ialoveni - Leova - Nisporeni - Ocni ţa 
- Orhei 
- Rezina - Rî şcani 
- S ăngerei 
- Soroca GPA/ACC/MDA/6 
Página 10  
 
  - Str ăşeni 
- Şoldăneşti 
- Ştefan Vod ă 
- Taraclia - Telene şti 
- Ungheni 
 2. Public authorities of the autonomous territorial  Unit of Gagauzia as per the provisions of Law 
of the Republic of Moldova on the Special Status  of Gagauzia (Gagauz-Yeri) No 344-XIII dated 
23 December 1994. 
 
 
Notes to Annex 2  
 
1. Thresholds in respect of goods and services are subject to a three year transition period.  In 
the first year following accession, the thresholds fo r both goods and services will be SDR 400,000, in 
the second year following accession, they will be SDR 300,000.  In the third year following accession, 
the thresholds will be and will thereafter rema in at SDR 200,000 as set out in this Annex. 
 2. The above sub-central authorities, as defined by Law on Local Public Administration No 436-
XVI of 28 December 2006, include their subor dinate bodies and organizations which are under 
supervision or control of such authorities. 
 3. The conditions specified in the Ge neral Notes apply to this Annex.  GPA/ACC/MDA/6 
 Página 11 
 
 
  ANNEX 3 
 
All Other Entities which Procure in Accordance with 
the Procedures Provisions of this Agreement 
 
 
Thresholds (*): 
 Goods          SDR 400,000 
 
Services (specified in Annex 45)      SDR 400,000 
 
Construction services (specified in Annex 56)     SDR 5,000,000 
 
(*) Subject to Note 1 below 
 
1. All legal persons (authorities, establishments  and foundations) governed by public law and 
not having an industrial or commercial char acter, whose procurement is covered by Law on 
Government Procurement No 96-XVI of 13 April 2007 in particular the following: 
 
- State Agency on Intellectual Property (AGEPI) 
- State Agency of Civil Aviation Administration 
- Academy of Sciences 
- National Library  - Academy of Public Administration -
 National Agency of Regulation in Telecommunication and Informatics 
- National Agency of Regulation in Energetics 
- Special State Communications Telecommunications Center 
- Chamber of Commerce of the Republic of Moldova 
- Moldavian Olympic Committee - Monitorul Oficial - MoldTeleRadio 
- Posta Moldovei 
- Research institutes and centres - Education state institutes - State Universities - Museums 
- State libraries 
- State theatres, operas, philharmonic orchestras, cultural houses and centers - State magazines - State publishing houses - State schools, culture and cults inspectorates - Sport federations and clubs 
- Hospitals, sanatoriums, clinics, medica l units, legal-medical institutes, ambulance 
stations 
- Tribunals - Law Courts - Courts of Appeal 
- High Court of the Republic of Moldova   
- Penitentiaries - Prosecutor's Offices - Military units - Military courts GPA/ACC/MDA/6 
Página 12  
 
  - Police inspectorates 
- […] 
 2. All legal persons which have  been qualified by the Government of the Republic of Moldova 
within the meaning of Article 12 (4) of La w on Government Procurement No 96-XVI of 
13 April 2007 as contracting authorities and which have as one of their activities in any of sectors 
referred to below: 
 
Production, transport or distribution of drinking water: 
 
All public entities producing, transporting or dist ributing drinking water to the fixed network 
intended to provide services to the public.  
Production, transport or distribution of electri city and/or thermal energy (heating and heat 
water):  
CET-1 
CET-2 CET Nord All other public entities producing and distributing thermal energy (heating and heat water) to 
the fixed network intended to provide services to the public.  
 
Port or other terminal facilities: 
Port Giurgiulesti 
Airport facilities: 
Airport Chisinau Airport Balti  
Airport Cahul  Airport Marculesti 
 
Urban transport 
Public entities which provide passenger transportation services in the cities specified in Annex 2. 
 
[This list is provisional.  The schedule could provid e that the final list to be established within three 
years after the conclusion of the Moldova' s accession to WTO Government Procurement 
Agreement. ] 
 
 
Notes to Annex 3  
 
1. Thresholds in respect of goods and services are subject to a three year transition period.  In 
the first year following accession, the thresholds fo r both goods and services will be SDR 600,000, in 
the second year following accession, they will be SDR 500,000.  In the third year following accession, 
the thresholds will be and will thereafter rema in at SDR 400,000 as set out in this Annex. 
 2. This Agreement shall not apply to contracts which the contracting authorities award for the 
purposes other than the pursuit of their activities in the above mentioned sectors. 
 
3. The conditions specified in the Ge neral Notes apply to this Annex.  GPA/ACC/MDA/6 
 Página 13 
 
 
  ANNEX 4 
 
Goods  
 
 
Unless otherwise specified, this  Agreement covers all goods procur ed by the entities included in 
Annexes 1 through 3. 
 
 GPA/ACC/MDA/6 
Página 14  
 
  ANNEX 45 
 
Services 
 
 
 Of the Universal List of Services This Agre ement covers the following services, which are 
identified in accordance with the United Nations Provisional Central Product Classification (CPC), as 
contained in document MTN.GNS/W/120, the following services are included (others being 
excluded): 
 
 
Sector CPC Reference No. 
 
Maintenance and repair services 6112, 6122, 633, 886 Computer and related services 84 Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 
(except arbitration and conciliation services) 865, 866 
Architectural services;  engineering services and integrated engineering 
services, urban planning and landscape architectural services;  related 
scientific and technical consulting services;  technical testing and 
analysis services 8671-8676 
Advertising services 871 
Building-cleaning services and property management services 874, 82201-82206 
Sewage and refuse disposal; sanita tion and similar services 94 
 
 Notes to Annex 45  
 
1. The thresholds of Annexes 1-3 apply. 
 2. The offer regarding services is subject to th e limitations and conditions specified in the 
Government of Moldova's WTO Schedule of Specific Commitments on under GATS 
(WT/ACC/MOL/37/Add.2). 
 3. The conditions specified in the Ge neral Notes apply to this Annex. 
 
  GPA/ACC/MDA/6 
 Página 15 
 
 
  ANNEX 56 
 
Construction Services 
 
 
A construction services contract is a contract which has as its objective the realization by whatever 
means of a civil or building works, in the sense of  Division 51 of the Central Product Classification. 
 
 Threshold : 
 
SDR 5,000,000 for Annexes 1, 2 and 3.  List of construction services offered : 
 
All services listed under Division 51 of the CPC. 
 
 
Notes to Annex 56  
 
1. Construction services are covered in respect of  the Ministry of Defence (Annex 1) only to the 
extent that such construction services are not  related to national security and defence. 
 2. The offer regarding construction services is subject to th e limitations and conditions specified 
in the Government of Moldova's WTO Schedule of Specific Commitments under GATS (WT/ACC/MOL/37/Add.2). 
 
3. The conditions specified in the Ge neral Notes apply to this Annex. 
 GPA/ACC/MDA/6 
Página 16  
 
  GENERAL NOTES 
   The following General Notes apply without exception to this Agreement, including to 
Annexes 1 through 6. 
 1. Moldova will not extend the benefits  of this Agreement to any contract: 
 
(a) awarded under an international agreement and intended for the joint implementation 
or exploitation of a project by the signatory States; 
 
(b) awarded under an international agreemen t relating to the stationing of troops; 
 (c) funded for the specific purpose of providing international assistance, including 
development aid; 
 (cd) funded wholly or in part by and/or awarded under the particular procedure of an 
international organization or international grants, loans or other assistance, where the 
applicable procedure would be c onsistent with the Agreement. 
 
2. A service listed in Annex 45 is  covered with respect to a par ticular Party only to the extent 
that such Party has included that service in its Annex 45. 
 
3. This Agreement shall not apply to procuremen t of agriculture agricultural products made in 
furtherance of agriculture agricultural suppor t programmes and human feeding programmes. 
 
4. This Agreement shall not apply to products and services procured with a view to re-sale or to 
use in the production of goods or provision of services  for sale, provided that the contracting authority 
enjoys no special or exclusive right to sell a nd other entities are free to sell it under the same 
conditions as the contracting entity.  5. This Agreement shall not apply to non-contractua l agreements or any form of assistance that a 
Party provides, including coopera tive agreements, grants, loans, equity infusions, guarantees and 
fiscal incentives. 
 
6. This Agreement shall not a pply to the procurement or ac quisition of fiscal agency or 
depository services, liquidation and management ser vices for regulated financial institutions or 
services related to the sale, redemption and di stribution of public debt, including loans and 
government bonds, notes and other securities. 
 
7. This Agreement shall not apply to public employment contracts.  
 58. This Agreement shall not apply to the acqui sition of land, buildings or other immoveable 
property or concerning rights thereon. 
 69. Until such time as Canada extends covera ge on equal terms to th e suppliers and service 
providers of Moldova, this Agreement does no t apply to procurement by the entities listed in 
Annexes 2 and 3 in respect of goods and services (including construction services) of Canada and 
suppliers of such goods and services. 
 710. The provisions of Article XX XVIII shall not a pply to the suppliers and service providers of 
Israel, Japan and Korea in contesting that award of contracts by Moldova entities whose value is less 
than the threshold applied for the same cate gory of contracts awarded by these Parties.  GPA/ACC/MDA/6 
 Página 17 
 
 
  811. Moldova will not extend the benefit of this Agreement to the award of contracts by entities 
listed in Annex 3 in respect of: 
 
(a) urban and railway transport to the supplie rs and service providers of Canada, Israel, 
Japan, Korea and the USA; 
 
(b) airports to the suppliers and service providers of Canada, Korea and the USA; 
 until such time as Moldova has accepted that the Pa rties concerned give comparable and effective 
access for Moldova undertakings to the relevant markets. 
 
912. When a specific procurement may impair impor tant national policy objectives in the event of 
regional conflicts or political instability, the Govern ment of the Republic of Moldova may consider it 
necessary in exceptional cases to deviate from the princi ple of national treatment in the Agreement.  A 
decision to this effect should be taken by the Government of the Republic of Moldova. 
 
 
[Note:  Pursuant to Article II:3  of the revised text of the Ag reement (GPA/113, 2 April 2012), the 
General Notes 1, 5, 6, 7 and 8 will be deleted upo n coming into force of the Protocol Amending the 
Agreement on Government Procurement.] GPA/ACC/MDA/6 
Página 18  
 
  NOTE
† 
 
 1. Having regard to provisions of Article XVI V regarding policy considerations relating to 
development, Moldova may apply, for participatio n in procedures for the award of procurement 
contract, offset conditions with aim at encouragi ng the local development or improving the balance-of-
payment accounts, by means of domestic content, transfer of technology, em ployment, investment or 
ecological requirements, counter-trade  or other simila r requirements. 
  This shall be done under the following terms: 
 
(a) Moldova shall ensure that its contracting authorities indi cate the existence of such 
conditions in their tender notices and specify them clearly in the contract documents. 
 (b) Suppliers will not be required to purcha se goods that are not offered on competitive 
terms, including price and quality, or to take  any action which is not justified from a 
commercial standpoint. 
 (c) Offsets in any form may be required up to 35 per cent of the contract going down to 
30 per cent after five years, 25 per cent afte r ten years and 20 per cent after 15 years, 
beginning from the date Moldova implements the Agreement. 
 
2. (a) At the end of each period mentioned in paragraph 1(c), Moldova will submit a report 
concerning the implemen tation of this Note. 
 
(b) When the level of the offset has reached  20 per cent, Moldova will consult with the 
Parties to this Agreement on the level of th e use of offset by Moldova.  The review 
shall take into consideration inter alia  general and economic developments in Moldova, 
its trade balance, the actual performance w ithin the framework of this Agreement and 
the views of the other Parties. 
 
                                                      
† Offsets are prohibited under Article V:6 IV:6 of the revised GPA, GPA/W/297 from 
11 December 2006 GPA/W/11 3, dated 2 April 2012.  GPA/ACC/MDA/6 
 Página 19 
 
 
  APPENDIX II 
 
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION 
OF NOTICES OF INTENDED PROCUREMENT - PARAGRAPH 1 
OF ARTICLE IX AND OF POST-AWARD NOTICES –  
PARAGRAPH 1 OF ARTICLE XVIII 
 
ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR THE PUBLICATION OF 
LAWS, REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL 
APPLICATION, STANDARD CONTRACT CLAUSES, AND PROCEDURES REGARDING 
GOVERNMENT PROCUREMENT COVERED BY THIS AGREEMENT PURSUANT TO 
ARTICLE VI 
  
Monitorul Oficial 
Buletinul AcizitiilorPublice 
 
 
APPENDIX III 
 
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION ANNUALLY OF 
INFORMATION ON PERMANENT LISTS OF QU ALIFIED SUPPLIERS IN THE CASE OF 
SELECTIVE TENDERING PROCEDURES - PARAGRAPH 9 OF ARTICLE IX 
 
 
Currently no such publication exists 
 
ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR THE PUBLICATION OF 
NOTICES REQUIRED BY ARTICLES VII, IX:7 AND XVI:2 PURSUANT TO ARTICLE VI 
  
Buletinul Achizi țiilor Publice 
http://www.tender.gov.md/en/w_list/ , http://www.tender.gov.md/en/nwerubric/  
 
 
APPENDIX IV 
 
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF LAWS, 
REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL 
APPLICATION AND ANY PROCEDURE REGARDING GOVERNMENT PROCUREMENT 
GOVERNED BY THIS AGREEMENT - PARAGRAPH 1 OF ARTICLE XIX 
 
 
1) Government Decision No. 1394 of 12 December  2007 "On approval of Action Plan for the 
Implementation of the Law on public procurem ents No. 96-XVI of 13 April 2007" (Official 
Gazette No. 198-202/1450 of 21 December 2007); 
2) Government Decision No. 1369 of 7 Decemb er 2007 "On approval of amendments and 
completions operated on the Government Decisi on No. 912 of 26 August 2005 "on the approval 
of Regulation on nominal structure of the Colle ge of Agency for Material Resources, Public 
Procurements and Humanitarian Aid" (Official Gazette No. 194-197/1420 of 
14 December 2007); 
3) Government Decision No. 1380 of 10 December 2007 "On approval of the Regulation on the 
acquisition workgroup's activity" (Official Gazette No. 198-202/1438 of 21 December 2007); GPA/ACC/MDA/6 
Página 20  
 
  4)
 Government Decision No. 1513 of 29 Decemb er 2007 "On the approval of amendments and 
completions operated on the Government Decisi on No. 98 of 31 January 2005 "on the approval 
of the Regulation on forming and using special assets of the public institutions came from 
offering of tender documents" (Official G azette No. 8-10/48 of 29 December 2007); 
5) Government Decision No. 9 of 17 January 2008 "On the approval of Regulation on the making 
and keeping of public procurement file" (Offici al Gazette No. 16-17/77 of 25 January 2008); 
6) Government Decision No. 45 of 24 January 200 8 "On the approval of the Regulation on the 
mode of drawing up and evidence of economic ope rators interdiction list" (Official Gazette 
No. 21-24/111 of 1 February 2008); 
7) Government Decision No. 57 of 25 January 2008 "On the approval of am endments operated on 
Government Decision No. 278 of 16 March 2006 on the special assets of Agency for Material 
Resources, Public Procurements and Humanitari an Aid" (Official Gazette No. 21-24/111 of 
1 February 2008); 
8) Government Decision No. 245 of 4 March 2008 "On the approval of the Regulation on the 
procurement of goods and services by price quotations" (Official Gazette No. 49-50/314 of 
11 March 2008); 
9) Government Decision No. 148 of 14 February 20 08 "On the approval of Regulation of the low 
value public procurements" (Official Gaze tte No. 37-39/215 of 22 February 2008); 
10) Government Decision No. 178 of 18 February 2008 "On the approval of Regulation on the 
mode of drawing up, updating and evidence of  qualified suppliers list" (Official Gazette 
No. 40-41/244 of 26 February 2008); 
11) Government Decision No. 329 of 19 March 2008 "O n the approval of Regulation on the public 
procurements realized via the Universal Exchange of Goods" (Official Gazette No. 66-68/432 
of 4 April 2008); 
12) Government Decision No. 479 of 27 March 2008  "On the approval of Regulation on the 
procurement of drugs for the health system needs" (Official Gazette No. 69-71/457 of 
4 April 2008). 
 
WEBSITE ADDRESS OR ADDRESSES WHERE PARTIES PUBLISH PROCUREMENT 
STATISTICS PURSUANT TO ARTICLE XVI:5 AND NOTICES CONCERNING AWARDED 
CONTRACTS PURSUANT TO ARTICLE XVI:6 
 
http://www.tender.gov.md/en/anunt/1/ , http://www.tender.gov.md/en/nwerubric/  
 
 
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