GPA/ACC/MDA/24 
 
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Draft 
 
 
THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA 
 
L A W  
 
to amend the Law on public procurement  
no. 96-XVI of 13 April 2007  
  
The Parliament hereby adopts this organic law. 
 
 Art. I . – The Law on public procurement no. 96-XVI dated 13 April 2007 (the Official Gazette 
Monitorul Oficial of the Republic of Moldova, 2007,  no. 107-111, article 470), with its subsequent 
amendments and additions, is hereby modified and sh all have the following content: 
 
  
THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA 
 
L A W  
 
on public procurement  
 
 
The Parliament hereby adopts this organic law. 
 
The present Law transposes the Directive 2004/18/CE  of the European Parliament 
and Council of 31 March 2004 on the coordination of  procedures for the award of public 
works contracts, public supply contracts and public  service contracts, published in the 
Official Journal of the European Union L 134 of 30 April 2004 and transposes the 
Directive 89/665 of the Council of 21 December 1989  on the coordination of the laws, 
regulations and administrative provisions relating to the application of review procedures 
to the award of public supply and public works cont racts, published in the Official Journal 
of the European Union L 395 of 30 December 1989.  
 
 
 
 
 
 
 GPA/ACC/MDA/24 
 
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   Chapter I 
GENERAL PROVISIONS 
 
Article 1. Key concepts  
 
For the purposes of this law, the following key con cepts shall be used: 
 
(1)  Public Procurement Agency  - specialised administrative authority subordinate d to the 
Ministry of Finance, which performs supervision, co ntrol and inter-branch coordination in the field of  
public procurement; 
(2)  Complaint Settlement Agency  - specialised administrative authority subordinate d to the 
Ministry of Finance which settles the complaints lo dged under the public procurement contracts award 
procedures; 
(3)  public procurement  - procurement of goods, execution of works or prov ision of services for 
the needs of one or several contracting authorities ; 
(4)  a framework agreement  - is an agreement executed between one or several contracting 
authorities and one or several business operators, whose purpose is to lay down the conditions for the  
contracts to be awarded during a limited period of time, in particular in respect of prices, and, as t he 
case may be, the quantities envisaged; 
(5)  central procurement body  - is a contracting authority which: 
- acquires goods and services to the benefit of the  contracting authorities, or 
- awards public procurement contracts or enters int o framework agreements concerning works, goods 
or services to the benefit of the contracting autho rities. 
(6)  contracting authority - authorities of the public administration, legal e ntities of public law, 
associations of such authorities or entities  
(7)  public money  - sources of the state budget, budgets of the admi nistrative and territorial units, 
state social insurance budget, special funds, speci al sources of the public institutions, sources of t he 
compulsory medical assistance insurance funds, exte rnal loans relative to the direct or secured state 
debts; 
(8)  candidate - any business operator who submitted its candidatu re in a restricted tender, 
negotiation or competitive dialogue procedure; 
(9)  candidature - documents whereby a candidate supports its person al situation,  
the capacity of exercising professional activities,  its business and financial standing,  
its technical and professional capacity, in view of  obtaining the invitation to participate for  
the subsequent submission of the bid, in case of ap plying the restricted tender, negotiation  
or competitive dialogue procedure; 
(10)  concession of public works  - is a contract which has the same characteristics  as a public 
procurement contract for works, except for the cons ideration for the works executed, which can only 
consists of the right to operate the work or the ri ght to operate and a payment; 
(11)  concession of public services - is a contract which has the same characteristics as a public 
procurement contract for services, except for the c onsideration for the services rendered, which can 
only consists of the right to operate the services,  or the right to operate and a payment; 
(12)  competition of solutions - mean procedures which allow the contracting autho rity to acquire, 
in particular in the area of land improvement, urba n planning, architecture and engineering or data GPA/ACC/MDA/24 
 
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   processing, a plan or a project selected by a jury after its launch in the competition, with or withou t 
prize giving. 
(13)  public procurement contract  - a contract executed for a due consideration, in writing, 
between one or several business operators and one o r several contracting authorities, whose purpose is  
the acquisition of goods, execution of services or provision of services for the purposes of this law;   
(14)  public procurement contracts for works  - public procurement contracts whose subject 
matter is either the execution, or both the design and execution of certain works or of a construction  in 
connection with one of the activities listed in App endix no. 1, or the execution, by any means, of a 
work which meets certain needs indicated by the con tracting authority. 
A “work” is the output of a set of construction wor ks or public works meant to perform itself a 
business or technical function.  
(15)  public procurement contracts for goods  - are the public procurement contracts, other than  
those entered into for works, whose subject matter is the acquisition of products, hire-purchase, leas e 
or leasing thereof, with or without purchase option . 
A public procurement contract whose subject matter is the supply of goods and which covers, 
secondarily, also the assembly and installation wor ks, is deemed a “public procurement contract for 
goods”. 
(16)  public procurement contracts for services  - are the public procurement contracts, other 
than the public procurement contracts for works or goods, whose subject matter is the provision of 
services, as indicated in Appendices no. 2A and 2B.  
A public procurement contract whose subject matter includes both products and services is deemed a 
“public procurement contract for services” in case the value of the services in question is higher tha n 
the value of the products covered by the said contr act. 
A public procurement contract whose subject matter is the provision of services and which includes, 
but incidentally, activities relative to the contra ct for works, by reference to the main subject matt er of 
the contract, is deemed a public procurement contra ct for services. 
(17)  competitive dialogue  - is a procedure any business operator may ask to participate in and in 
which the contracting authority enters into a dialo gue with the candidates admitted in this procedure in 
view of developing one or several solutions capable  of meeting the needs and based on which the 
selected candidates would be invited to submit bids ;  
(18)  award documentation  - the documentation containing all the information  related to the 
subject matter of the public procurement contract a nd to the award procedure of such contract, 
including the tender specifications, or, as the cas e may be, the descriptive documentation; 
(19)  Procurement Task Force  - a group of experts in the contracting authority which develops 
public procurement procedures; 
(20)  open tender  – a public procedure in which any interested busin ess operator may submit a 
bid; 
(21)  electronic tender  - is a repetitive process which implies an electro nic means of presentation, 
in descending order, of the new prices and new valu es regarding certain elements of the bids which 
occur after a first complete assessment of the bids , allowing the ranking thereof based on certain 
automated assessment methods; Consequently, certain  services or works contracts whose purpose is 
intellectual activities, such as the design of work s, cannot fall into the scope of the electronic ten ders. 
(22)  restricted tender  – a public procedure in which any business operato r may ask to participate, 
but only the business operators preselected by the contracting authority are allowed to submit bids; GPA/ACC/MDA/24 
 
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   (23)  electronic means - means using electronic processing equipment, incl uding digital 
compression, and equipment for storage of the data which is transferred, sent and received by cable, 
radio, optical means or any other electromagnetic m eans; 
(24)  bidder – the business operator who submitted a bid in the award procedure of the public 
procurement contract; 
(25)  bid – a legal act, through which the business operator is expressing the will to legally enter a 
public procurement contract; the bid comprises the technical offer and the financial offer; 
(26)  business operator  - supplier of goods, constructor of works and/or p rovider of services, who 
can be any individual or legal entity, any public e ntity or association of such persons and/or entitie s, 
who supplies goods on the market, executes works an d/or provides services; 
(27)  negotiated procedures  - mean the procedures in which the contracting aut horities consult 
with the business operators in respect of their opt ions and negotiate the contractual conditions with one 
or several of them; 
(28)  financial offer – part of the bid, comprising information related t o the price, tariffs and other 
financial and commercial conditions relevant to mee t the requirements put forward through the award 
documentation; 
(29)  technical proposal  - part of the bid, developed based on the requirem ents specified in 
technical specifications or, by case, in the descri ptive documentation; 
(30)  technical reference -  is understood to be any product developed by the E uropean 
standardization bodies, other than official standar ds, according to a procedure adapted to market 
requirements development; 
(31)  SIA „RSAP”  – Automated Information System “State Register of Public Procurement”; 
(32)  a dynamic procurement system - is an acquisition system, fully electronic, for c onsumer 
goods whose characteristics, which are generally av ailable on the market, meet the requirements of the  
contracting authority, being limited in time and op en for the entire period to any business operator w ho 
meets the selection criteria and submits an indicat ive bid, pursuant to the tender specifications. 
(33)  common technical specification -  is understood to be any technical specification draw n up in 
accordance with a procedure recognized by the Membe r States and published in the Official Journal of the  
European Union;  
  
(34)  technical specifications -  a set of technical instructions contained in particul ar in the tender 
specifications, which define the characteristics re quired for a certain material, product or good and 
which allow the characterization thereof so that th ey would meet the use pursued by the contracting 
authority. Among the respective characteristics we list the levels of environmental performance, desig n 
for all types of uses (including access of disabled  people) and assessment of the compliance, 
performance, safety or sizes, including procedures regarding quality assurance, vocabulary, symbols, 
tests and testing methods, packing, marking and lab elling, as well as production process and methods. 
The characteristics further include the work design  and computation standards, testing, control and 
works’ acceptance conditions, as well as the constr uction techniques and methods and all the other 
technical conditions the contracting authority is a ble to provide under general or specific regulation s in 
respect of the completed works and the materials or  elements thereof; 
(35)  standard -  is understood to be a technical specification appr oved by a designated 
standardization body in view of a repeated or perma nent use, which is not binding and can be included 
in one of the following categories: GPA/ACC/MDA/24 
 
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   a) international standard: a standard adopted by an  international standardization body and made 
available to the public; 
b) European standard: a standard adopted by an Euro pean standardization body and made available to 
the public; 
c) national standard: a standard adopted by an nati onal standardization body and made available to the  
public; 
(36)  Common Procurement Vocabulary, CPV  - designates any reference list applicable to 
public procurement contracts; 
(37)   
    
  
 
 
 
Article 2. Scope of the law  
 
(1)  This law applies to the public procurement contract s except for ones specified under art. 4 
and whose estimated value, less the value added tax , is equal to or higher than the following 
thresholds: 
a) for public procurement contracts for goods and s ervices - lei 80,000; 
a) for public procurement contracts for works - lei  100,000; 
(2)  This law is also applied by a legal entity which is  not a contracting authority in case of 
awarding public procurement contracts subsidized mo re than  
50% by the contracting authorities and which do not  regard the exceptions specified under art. 4. 
(3)  This law provides also for certain particularities for the public procurement contracts which 
are not specified under art. 4 and whose estimated value, less the value added tax, is equal to or hig her 
than the following thresholds: 
     a) for public procurement contracts for goods and services - lei 2,300,000; 
     a) for public procurement contracts for works - lei 90,000,000. 
(4)  The public procurement contracts whose estimated va lue, less the value added tax, does not 
exceed the thresholds referred to under para. (1) a re performed in accordance with the regulation for 
the small value public procurement contracts, as ap proved by the Government. 
(5)  This law applies as such to the various forms of pu blic private partnerships which are not 
forbidden under the law and to the award of public works concession contracts and services 
concession contracts. 
(6)  This law applies as such to the organization of the  competitions of solutions and execution of 
framework agreements. 
(7)  The contracting authority which, based on the legal  authorities is has, grants to a law subject, 
which is not defined as contracting authority, spec ial or exclusive rights to render a public service,  has 
the obligation to impose, under the authorization i t issues in this respect, compliance with the non-
discrimination principle by the beneficiary of the special or exclusive rights, when the latter awards  
supply contracts to third parties. The obligation t o observe the principle of non-discrimination by th e 
law subject benefiting of special rights shall be i mposed even when the contracting authority has not 
expressly stipulated this clause in the issued auth orization.  GPA/ACC/MDA/24 
 
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    Article 3. Determination of the estimated value of the public procurement contracts and the 
planning of such contracts 
 
(1)  The determination of the estimated value of a publi c procurement contract is based in the 
total value due to be paid, less the value added ta x, as estimated by the contracting authority. The 
structure of the total value due to be paid include s any form of consideration, including bonuses, 
charges, fees, profit obtained and/or payment of bo nuses or other payments to the benefit of the 
bidders, also taking into account any potential for m of option and any potential prorogations of the 
contract. 
(2)  The estimated value of the public procurement contr act has to be determined before the 
commencement of the award procedure for the respect ive contract. This value has to be valid at the 
time of sending the participation announcement for publication, or, in case the award procedure does 
not involve the publication of such an announcement , at the time of sending the participation 
invitation. 
(3)  If, by awarding the supply contract, the contractin g authority aims to acquire products which 
also require installation and commissioning operati ons/works, then the estimated value of such 
contract shall also include the estimated value of the respective operations/works.  
(4)  In the event when, on the date of estimating the va lue of the supply contract, the contracting 
authority has not determined the means of acquiring  the products yet, namely hire-purchase, lease or 
leasing, with or without purchase option, then the estimated value of this contract has to be deemed 
equal to the highest of the values corresponding to  each mean of acquiring the products.  
(5)  In the event when, on the date of estimating the va lue of the supply contract, the contracting 
authority has determined the means of acquiring the  products, namely hire-purchase, lease or leasing, 
with or without purchase option, then the estimatio n method varies based on the length of the relevant  
contract, as follows:  
a) if the duration of the contract is determined an d is shorter than or equal to 12 months, then 
the estimated value needs to be determined by summi ng-up all the instalments payable throughout the 
duration of the respective contract;  
     b) if the duration of the contract is determin ed and is longer than 12 months, then the estimated  
value needs to be determined by summing-up the valu e of the instalments payable throughout the 
duration of the respective contract, plus the estim ated residual value of the products at the end of t he 
term the contract was concluded for;  
c) if the contract is executed for an unlimited dur ation or if the duration thereof cannot be 
determined on the date of estimation, then the esti mated value needs to be calculated by multiplying 
the value of the monthly payable instalment by 48.  
(6)  If the contracting authority aims to award a supply  contract which has to be renewed after a 
given period, then the estimated value of such cont ract would refer to the following computation basis :  
     a) either the total value of all similar suppl y contracts awarded in the last 12 months, adjusted , 
if possible, with the foreseeable modifications whi ch could occur in the following 12 months in 
respect of the quantities acquired and relative val ues;  
b) or the total estimated value of all similar supp ly contracts which are expected to be awarded 
in the following 12 months, as of the time of the f irst delivery.  
(7)  If the contracting authority intends to acquire sim ilar products, but broken-down in lots 
whose acquisition is done by awarding several indiv idual supply contracts, then the estimated value GPA/ACC/MDA/24 
 
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   will be deemed the aggregate value of all the lots.  In case the aggregate value of all the lots exceed s 
the value threshold set out under art. 2 para. 3, t hen the contracting authority has the right to appl y the 
procedure of the request for quotations only in res pect of the lots which meet, cumulatively, the 
following conditions:  
     a) the estimated value, less the VAT, of the r espective lots is smaller than or equal to lei 
400,000;  
    b) the aggregate value of the lots the request for quotations procedure is applied to does not  
exceed 20% of the total value of the products to be  supplied.  
(8)  If the contracting authority aims to award a servic es contract in respect of which it cannot 
anticipate the total price of performance, but it c an estimate a monthly average rate, then the 
estimation method varies based on the length of the  respective contract, as follows:  
    a) when the duration of the contract is determi ned and does not exceed 48 months, then the 
estimated value needs to be determined taking into consideration the entire duration of the contract;  
a) when the duration of the contract cannot be dete rmined or exceeds 48 months, then the 
estimated value needs to be determined by multiplyi ng the monthly value by 48. 
(9)  If the contracting authority aims to award a servic es contract which has to be renewed after a 
given period, then the estimated value of such cont ract would refer to the following computation basis :  
    a) either the total value of all similar servic es contracts awarded in the past 12 months, adjuste d, if 
possible, with the foreseeable modifications which could occur in the following 12 months in respect 
of the quantities acquired and relative values;  
    b) or the total estimated value of all similar services contracts which are expected to be awarded  in 
the following 12 months, as of the time of the firs t performance.  
(10)  If the contracting authority intends to acquire sim ilar services, but broken-down in lots whose 
acquisition is the subject matter of certain indivi dual services contracts, then the estimated value w ill 
be deemed the aggregate value of all the lots. In c ase the aggregate value of all the lots exceeds the  
value threshold set out under art. 2 para. 3, then the contracting authority has the right to apply th e 
request for quotations procedure only in respect of  the lots which meet, cumulatively, the following 
conditions:  
    a) the estimated value, less the VAT, of the re spective lots is smaller than or equal to lei 400,0 00;  
    b) the aggregate value of the lots the request for quotations procedure is applied to does not exc eed 
20% of the total value of the services to be render ed.  
(11)  If the contracting authority aims to acquire insura nce services, then the estimated value of 
these services contracts is determined based on the  insurance premiums to be paid, as well as on other  
forms of consideration relative to the respective s ervices.  
(12)  If the contracting authority aims to acquire bankin g or other financial services, then the 
estimated value of these services contracts is dete rmined based on the charges, fees, interests and an y 
other forms of consideration relative to the respec tive services.  
(13)  If the contracting authority aims to acquire design , urban planning, engineering and other 
technical services, then the estimated value of the se services contracts is determined based on the fe es 
to be paid, as well as on other forms of considerat ion relative to the respective services.  
(14)  If the contracting authority intends to acquire wor ks which would be subsequently made 
available to the constructor, materials, equipments , engineering machineries or any other facilities 
required by execution of the works, then the estima ted value of the respective works contract has to 
include both the cost of the work to be executed, a s well as the total value of the listed facilities.   GPA/ACC/MDA/24 
 
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   (15)  If the subject matter of the works contract is repr esented by the execution of a set of works 
which involves, as the case may be, supply of equip ments, installations, machineries or related 
facilities, then the estimated value is determined giving consideration to the total value of the enti re 
set.  
(16)  If a work allows execution on items/lots, in respec t of which the contracting authority aims to 
award, to one or several constructors, distinct wor ks contracts, then the estimated value has to be 
determined taking into consideration the aggregate value of all the items/lots which form the relevant  
work. In case the aggregate value of all the items/ lots forming the respective work exceeds the value 
threshold set out under art. 2 para. 3, then the co ntracting authority has the right to apply the proc edure 
of the request for quotations only in respect of th e items/lots which meet, cumulatively, the followin g 
conditions:  
    a) the estimated value, less the VAT, of the re spective item/lot is smaller than or equal to lei 
1,500,000; 
b) the aggregate value of the items/lots this excep tion is applied to does not exceed 20% of the 
total estimated value of the work.  
(17)  If the contracting authority aims to organize a com petition of solutions, then the estimated 
value which needs to be taken into consideration is  determined as follows:  
     a) if the competition of solutions is organize d as an independent procedure, then the estimated 
value includes the value of all prizes/amounts to b e awarded to the competitors, including the 
estimated value of the services contract which coul d be entered into afterwards, provided that the 
contracting authority did not exclude this possibil ity in the competition participation announcement;  
     b) if the competition of solutions is organize d as part of a procedure awarding a services 
contract, then the estimated value taken into consi deration is the estimated value of the respective 
services contract, including the value of the poten tial prizes/amounts to be awarded to competitors.  
(18)  If the contracting authority intends to conclude a framework agreement, then the estimated 
value is considered to be the maximum estimated val ue, less the VAT, of all public procurement 
contracts anticipated to be awarded under the respe ctive framework agreement, throughout its term.  
(19)  If the contracting authority intends to use a dynam ic procurement system, then the estimated 
value is considered to be the maximum estimated val ue, less the VAT, of all public procurement 
contracts anticipated to be awarded using the dynam ic procurement system, throughout its term.  
 
    Article 4. Exceptions  
 
(1)  The provisions of this law do not apply to: 
a) public procurement contracts, awarded by contrac ting authorities, developing their activity 
within the water, energy, transport and post servic e sectors, registered within the framework of such 
activities, which are regulated by other normative acts and sub-laws coordinating contract awarding 
procedures within the water, energy, transport and post service sectors;  
b) contracts whose subject matter is research and d evelopment services, other than those whose 
benefits rest exclusively with the contracting auth orities for use within their own activities, provid ed 
that the service rendered would be fully remunerate d by the contracting authority and their price does  
not exceed or is within the limits of the market pr ices for such services; 
c) public procurement contracts whose subject matte r is arbitration and/or conciliation services; GPA/ACC/MDA/24 
 
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   d) public procurement contracts regarding the issua nce, purchase, sale or transfer of securities, 
other than financial instruments, in particular fun ds or capital raising operations of the contracting  
authorities; 
e) contracts for printing banknotes and minting coi ns, as well as transportation thereof; 
     f) contracts with adhesion nature, concluded b y the National Bank of Moldova with 
international financial institutions, non-resident business operators, covering the supply of goods, 
works and services to support the servicing of the automated inter-banking payment system, the state 
securities and inter-banking market, the management  of the foreign exchange reserves of the state, the  
foreign exchange operations of the state, including  the external debt, the external audit of the annua l 
financial statements, accounts and registers of the  National Bank; 
g) services provided by the National Bank of Moldov a; 
h) concession contracts for public goods and servic es; 
i) public procurement contracts declared secret, pu rsuant to the legislation, provided their 
performance demands special security measures provi ded for by the legislation; 
j) public procurement contracts whose subject matte r is employment contracts; 
k) public procurement contracts awarded by a contra cting authority to another contracting 
authority or to an association of contracting autho rities based on an exclusive right they are entitle d to 
under the law; 
     l) public procurement contracts whose subject matter is the acquisition of goods for resale; 
m) contracts for the acquisition of goods, works an d services in connection with the 
manufacturing or trading of weapons, ammunition and  armament systems; 
n) public procurement contracts regulated by variou s norms of procedure and awarded: 
      -under an international agreement entered int o by the Republic of Moldova and one or 
several third countries regarding the goods or work s required for the joint execution or operation of a 
work by the signatory states or regarding the servi ces required for the joint execution or operation o f a 
project by the signatory states; 
      - under an international agreement regarding the deployment of troops and the 
commitments of the Republic of Moldova or of a thir d country; 
    - pursuant to the specific procedure of an inte rnational organization. 
o) public procurement contracts concluded by the di plomatic missions and consular offices of 
Republic of Moldova, in cases when the value thereo f does not exceed the thresholds stipulated under 
art. 2 para (3). Nevertheless, the diplomatic missi ons and consular offices of Republic of Moldova 
have the obligation to observe the principles regul ated under art. 6 of this law. 
       (p) contracts whose subject matter is the ac quisition or lease, through any financial means, of  
land, existing constructions or other real estate o r regarding the rights on such assets; nevertheless , the 
financial services contracts concluded in parallel,  before or at the same time with the acquisition or  
lease contract, irrespective of their form, are reg ulated by this law. 
 (q) contracts related to the purchase, development , production or joint production of shows to 
be broadcast by radio and television broadcasting i nstitutions. 
 (r) public procurement contracts based on which th e contracting authorities can make available 
or operate public telecommunication networks or can  supply to the public one or several 
telecommunication services. 
   (2) If the contracting authority awards a contra ct whose subject matter is the provision of the 
services included in the category in appendix no. 2 B, then the obligation to apply this law is valid o nly 
in respect of the contracts whose value is equal to  or higher than the one set out under art. 2 para. (3) GPA/ACC/MDA/24 
 
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   and limits to the provisions of art. 37 and art. 29  and the application, throughout the award procedur e, 
of the principles laid down under art. 6. Any compl aints in connection with the procedure to award 
contracts regarding the services included in Append ix no. 2B are settled pursuant to the provisions 
under Chapter XI.   
   (3) If the subject matter of the public procurem ent contract referred to under para. (2) is, in add ition 
to the provision of services included in the catego ry in appendix no. 2B, also the provision of servic es 
included in the category in appendix no. 2A, the pr ovisions of para. (2) are applicable only if the 
estimated value of the services included in appendi x no. 2B is higher than the estimated value of the 
services included in appendix no. 2A.   
   (4) The contracting authority does not have the right to combine, in the same contract, the service s 
included in both appendix no. 2B, as well as in app endix no. 2A, for the purpose of benefiting from th e 
application of the provisions of para. (2) when the y award the respective public procurement contract.  
 
Article 5. Special regime  
 
    (1) Contracting authorities in the field of nat ional defence, public order, national safety and se curity, 
have the obligation to apply the provisions of this  law, except for the cases presented in art. 4. 
    (2) The right to participate in the procedures for the award of public procurement contracts may b e 
reserved by the Government to some of the protected  workshops in cases when the majority of 
interested employees are people of disabilities whi ch, based on the nature or seriousness of their 
disability, can not carry out a professional activi ty under normal conditions.  
     (3) In case that the participation in the awar d procedure is done in accordance with the provisio ns 
of para. (2), the contracting authority has the obl igation to explicitly indicate this in the particip ation 
announcement for the award procedure.  
 
    Article 6.  Principles regulating the relations concerning publ ic procurement  
 
The regulation of the relations concerning public p rocurement is done based on the following 
principles: 
a)  efficient use of the public funds and minimization of the risks for the contracting authorities; 
b)  transparency of the public procurement; 
c)  securing competition and fighting against unfair co mpetition in public procurement; 
d)  environmental protection and promotion of sustainab le development through public 
procurement; 
e)  maintaining public order, ethics and public safety,  health protection, protection of people’s lives, 
flora and fauna; 
   f) liberalization and expansion of international  trade; 
    g) free movement of goods, freedom to establish  and render services; 
    h) equal treatment, impartiality, non-discrimin ation in respect of all the bidders and business 
operators; 
    i) proportionality;  
    j) mutual recognition; 
    k) assuming accountability in the public procur ement procedures; 
 
 GPA/ACC/MDA/24 
 
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   Article 7. Legal framework  
 
(1)  The public procurement relations are regulated by t his law and other items of law, by the 
Government decisions adopted in accordance with thi s law.  
(2)  In case the international treaty Republic of Moldov a is a party to lays down other norms than the 
ones provided for by this law, the norms of the int ernational treaty shall apply. 
 
 
Chapter II 
STATE REGULATION OF THE PUBLIC PROCUREMENT 
 
Article 8. The  Public Procurement Agency 
 
(1)  The Public Procurement Agency, hereinafter referred  to as the Agency, is a specialty 
administrative authority subordinated to the Minist ry of Finance, established for the purpose 
of supervision, control and inter-branch coordinati on in the field of public procurement. The 
Agency has a functional autonomy.  
(2)  The Agency has its own balance sheet, settlement ac count, a stamp with the Coat of Arms of 
the Republic of Moldova and the name of the Agency in the state language.     
(3)  At territorial level, the Agency performs its dutie s through its territorial subdivisions.  
 
Article 9.  The basic duties of the Agency in the field of publ ic procurement  
 
    (1) The Agency has the following basic duties:  
a)  to implement the normative acts in the field of pub lic procurement and to draw up proposals to 
amend and complement the public procurement legisla tion; 
b)  to coordinate, monitor, evaluate and control the wa y the contracting authorities comply with the 
public procurement and public contract award proced ures;  
c)  to draw up, update and maintain the list of qualifi ed business operators and the banning list of 
the business operators; 
d)  to draw up and apply the standard documentation for  the public procurement procedures; 
e)  to review and register the tender documents submitt ed by the contracting authority within 10 
days from the date of their submission to the Agenc y; 
f)  to review the reports on public procurement;  
g)  within 10 days from the submission date,  reviews a nd registers the public procurement 
contracts concluded following the procurement proce dures, except for the ones concluded 
following the procedure involving a request for quo tations; 
h)  to request the re-examination of or to cancel, as t he case may be, the results of the public 
procurement procedures;    
i)  to manage the automated register of public procurem ent; 
j)  to provide the contracting authorities with methodo logical support and consultations in the field 
of public procurement, to initiate and support trai ning actions in respect of the personnel of the 
contracting authorities involved in the organizatio n and performance of the public procurement 
procedures and in the award of the public procureme nt contracts; GPA/ACC/MDA/24 
 
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   k)  to issue the Public Procurement Newsletter, to draw  up and maintain in the global network the 
Internet website “Public Procurement in the Republi c of Moldova”, containing the invitations 
and information about public procurement procedures  and awarding of public procurement 
contracts; 
l)  to produce, quarterly and annually, reports and sta tistical analysis regarding public 
procurement; 
m)  to request and obtain from the competent bodies inf ormation about the business operators 
participating in the public procurement procedures,  as well as any information they need to 
carry out their duties; 
n)  to cooperate with similar international institution s and foreign agencies active in the field of 
public procurement; 
o)  to coordinate the activities of using foreign techn ical assistance in the field of public 
procurement; 
p)  to perform other functions provided for by this law  and other items of law and norms. 
 
     
 
Article 10.  Performance of the Agency’s activity and managemen t thereof 
 
    The activity and management of the Agency are p erformed in accordance with the regulation 
approved by the Government.  
 
    Article 11.  Budget of the Agency 
 
(1)  The budget of the Agency consists of: 
a)  own income generated from activities which are not contrary to this law; 
b)   amounts allocated from the state budget; 
c)   other additional sources determined in accordance with the legislation. 
(2) The budget of the Agency is reviewed, approved and executed as provided for by the legislation. 
 
 
Chapter III 
PARTICIPANTS IN THE PUBLIC PROCUREMENT PROCEDURES 
 
 
Section 1.  Contracting authorities  
 
Article 12.  Capacity of contracting authority 
 
    (1) Contracting authorities are the public auth orities, defined under the legislation of the Repub lic of 
Moldova, legal entities of public law, associations  of such authorities or persons, including the lega l 
entities in the meaning of paragraphs (4) and (5). 
(3)  A legal entity of public law is any entity: 
a)  established exclusively to meet the public interest  needs, without a lucrative (industrial or 
commercial) purpose; GPA/ACC/MDA/24 
 
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   b)  which has legal personality; 
c)  whose activity is supported with public funds or wh ose management is subject to the control of 
the public authorities or other legal entities of p ublic law, or whose board of directors, 
managing or supervisory board is formed, more than 50%, of members appointed by the above 
mentioned entities. 
(3) The contracting authority can also be an associ ation of contracting authorities, whose members 
appoint, among themselves, under a civil legal inst rument, a legal entity to represent them as sole 
purchaser, in the relations with any business opera tor, constructor of works or provider of services.  
    (4) The passing of a Government decision may al so qualify as contracting authorities other legal 
entities which have the obligation to make public p rocurement, pursuant to this law, in case their 
activity is carried out on markets where competitio n is excluded under an item of law or an 
administrative deed or by virtue of an existing mon opolistic position. 
    (5) Any other entity which does not cumulativel y meet the requirements under para. (2) may be 
qualified as contracting authority, upon request or  based on the decision of the competent management 
bodies, provided that procurements are made in stri ct compliance with this law. 
    (6) A contracting authority is also the public authority designated by the Government to organize 
and perform, centrally, the public procurement proc edures for the purpose of meeting the needs for the  
same goods, works or services of several contractin g authorities. 
     (7) It is deemed that the contracting authorit ies, which are purchasing works, goods and services  
through a central procurement authority in the mean ing of para (6), fulfilled the provisions of the 
present law, to the extent to which the respective central procurement authority fulfilled it.   
 
 
    Article 13. Performance of the duties by the contracting author ities: 
 
    (1) The contracting authority performs its duti es through a procurement Task Force established in 
this respect and formed of public servants and expe rts of the contracting authority, mastering 
professional experience in the field of public proc urement, within the limits of the documented 
personnel. Based on the subject matter of the procu rement, the contracting authority may set-up one or  
several procurement Task Forces. 
    (2) The contracting authority is entitled to al so involve, if necessary, in the procurement Task F orce, 
as consultants, specialists and experts in the fiel d of the procurement. In cases expressly provided f or 
by the legislation, such specialists and experts ar e involved in the Task Force having also the right to 
cast votes.  
 
 
    Article 14.   The duties of the Task Force in the field of publ ic procurement 
 
(1)  The Task Force shall have the following assignments : 
a)  draw up annual and quarterly public procurement pla ns; 
b)  draw up invitations within the public procurement p rocedures; 
c)  draw up tender documents and other documents applic able in the public procurement 
procedures; 
d)  initiate and carry out public procurement procedure s; GPA/ACC/MDA/24 
 
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   e)  ensure wide participation of the business operators  in the public procurement 
procedures; 
f)  review, evaluate and compare the bids of the busine ss operators submitted in the public 
procurement procedures; 
g)  execute public procurement contracts with business operators; 
h)  draw up reports on the results of the public procur ement procedures and submit such to 
the Agency; 
i)  perform and manage the public procurement contracts  subject to the terms and 
conditions set forth;  
j)  maintain and keep records of all the documents draw n up and applied in the public 
procurement procedures; 
(2)  The contracting authority has the obligation to: 
a)  ensure the efficiency of the public procurement pro cedures; 
b)  ensure objectivity and impartiality in the public p rocurement procedures; 
c)  ensure transparency and publicity of the public pro curement procedures; 
d)  supply, upon the request of the Agency, any informa tion regarding the execution and 
performance of public procurement contracts. 
 
 
Section 2. Business operator 
 
Article 15.   Participation of the business operator in the pub lic procurement procedures 
(1)  Any business operator having the status of entrepre neur, resident or non-resident, individual 
or legal entity of private or public law, any group  of such persons, including NGOs, have the right to  
participate, subject to the conditions of this law,  in the procedure awarding the public procurement 
contract.  
(2)  The foreign business operator enjoys in the Republi c of Moldova the same rights in respect of 
the participation in the procedures awarding public  procurement contracts as those enjoyed by the 
business operators of the Republic of Moldova in th e country where the foreign business operator is a 
resident.  
(3)  Business operators may associate for the purpose of  submitting bids and/or appear as 
associate bidders. The association (group of busine ss operators) may be bound to obtain a certain form  
of legal status when such transformation is necessa ry for the proper performance of the contract.     
(4)  The bidder/candidate who, in accordance with the le gislation of the state where it is 
established, is allowed to perform a certain activi ty, cannot be excluded from an award procedure for 
the single reason that, in accordance with the nati onal legislation, this type of activity can be 
performed only by legal entities or only by individ uals. 
 
 
 
 
 
 
 
 GPA/ACC/MDA/24 
 
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   Chapter IV 
QUALIFICATION DATA AND AWARD CRITERIA 
 
 
Article 16.   Qualification data of the business operators  
 
(1)  To substantiate the qualification data in the publi c procurement procedures, the business 
operator will submit the documents issued by the co mpetent authorities, as determined by the 
contracting authority within the public procurement  procedures. Based on the specifics of the 
procurement and on the selected procedure, the cont racting authority has the obligation to determine, 
for each individual procedure, the qualification cr iteria and the necessary support documents which 
have to be submitted by business operators.  
(2)  The contracting authority will consider the right o f the business operator to have its 
intellectual property and trade secret protected. 
(3)  The contracting authority evaluates the qualificati on data of the business operator pursuant to 
the criteria and means indicated in the documents i ssued to attract the bids.  
(4)  In the event the qualification data submitted by th e bidder/candidate are incorrect or 
incomplete to an immaterial extent, the contracting  authority has the obligation to ask for further 
clarifications before making the decision to disqua lify the bidder. The contracting authority may 
disqualify the bidder in any stage of the procureme nt procedure if it finds that the qualification dat a 
submitted by the latter are incorrect or incomplete , as well as in other cases provided for by this la w 
and by other items of law and norms. 
(5)  The bidder/candidate may be disqualified if it fail s to supply the additional information 
requested by the contracting authority within the t erms set by the latter (usually within minimum 72 
hours, unless the procedure applied is a request fo r quotations which has a minimum term of 24 
hours). In any case, the contracting authority has the obligation to allow a reasonable time, based on  
the complexity of the request for clarifications. 
(6)   The contracting authority will ask the bidder, as the case may be, to submit supporting 
documents and, should any doubts regarding the pers onal situation of this bidder and business 
operator be raised, it can ask for the cooperation of and necessary information from the competent 
authorities, including authorities abroad. 
(7)  The competent bodies and the bodies in charge of de fending the law norms shall supply, free 
of charge and within maximum 10 calendar days, upon  the request of the contracting authorities, 
systematic information or any other information abo ut the legal status, involvement or non-
involvement of the business operator in criminal or ganizations or groups, as well as any other data 
about the bidder and business operator, respectivel y, provided for by this law. In case of a non-
resident business operator, such information can be  asked from the competent authorities abroad, 
pursuant to the international practices. 
(8)  The qualification and selection criteria determined  by the contracting authority shall be in 
connection with the subject matter of the contract to be awarded.  
(9)  The contracting authority has the obligation to com ply with the principle of proportionality 
when determining the qualification and selection cr iteria, as well as the level of the minimum 
requirements the bidders/candidates have to meet.  
(10)  The qualification and selection criteria indicated in the participation invitation/announcement 
have to be the same as the ones indicated in the aw ard documentation.  GPA/ACC/MDA/24 
 
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   Article 17. Qualification and selection criteria  
 
The contracting authority is entitled to apply qual ification and selection criteria, related to and 
proportionate to the object of the contract, regard ing only:  
a) personal situation of the candidate or bidder;  
b) capacity of exercising professional activities;  
c) business and financial standing;  
d) technical and/or professional capacity;  
e) quality assurance standards;  
f) environmental protection standards.  
 
Article 18. Personal situation of the candidate or bidder 
 
(1)  The contracting authority has the obligation to exc lude from the procedure applied to award 
the public procurement contract any bidder/candidat e of which it has information that, in the past 5 
years, was convicted, by final court decision, for participation in the activities of criminal 
organizations, corruption, fraud, and/or money laun dering.  
(2)  The contracting authority has the right to exclude from a procedure awarding the public 
procurement contract any bidder/candidate which fin ds itself in any of the following situations:  
      a) went bankrupt under a court decision;  
b) was in default of its obligations to pay the tax es, duties and social insurance contributions;  
towards the constituent budgets of the consolidated  general budget, according  
to the legal provisions in force in the Republic of  Moldova or in the country in which it was 
established; 
     c) was convicted in the past three years, unde r a final court decision,  
for a deed which impaired on the professional ethic s or for having committed a  
professional mistake.  
    d) submitted forged information or failed to su bmit the information requested by the 
contracting  
authority for the purpose of supporting the fulfilm ent of the qualification and selection criteria. 
 e) any bidder/candidate which is included in the “ List of banned business operators”.  
 
(3)  The contracting authority has the obligation to acc ept, as both sufficient and relevant to 
support the fact that the bidder/candidate is not i n one of the situations provided for under para. 1 and 
para. 2, any document deemed self-evident in this r espect in its country of origin or in the country 
where the bidder/candidate is established, such as certificates, criminal records or any other 
equivalent documents issued by competent authoritie s in the respective country.  
(4)  In respect of the cases indicated under para. 2, in  compliance with the domestic legislation of 
the state where the candidates or the bidders are e stablished, such requests regard individuals and 
legal entities, including, as the case may be, mana gers of companies or any other person with 
representation, decision-making or control powers i n respect of the candidate or the bidder.  GPA/ACC/MDA/24 
 
- 19 - 
 
   (5)  If in the country of origin or in the country where  the bidder/candidate is established no 
documents having the character of the ones stipulat ed under para. (3) are issued or the respective 
documents do not regard all the situations referred  to under paras. 1 and 2, the contracting authority  
has the obligation to accept an affidavit or, if in  the respective country no legal provisions exist 
regarding affidavits, an authentic declaration exec uted in front of a notary public, an administrative  or 
legal authority or a professional association havin g authority in this field. 
 
Article 19. Capacity of exercising professional activities   
 
(1) The contracting authority has the right to ask any business operator to submit relevant 
documents supporting a form of registration as indi vidual or legal entity and, as the case may be, 
certifying or attesting professional membership, ac cording to the legal provisions in the country wher e 
the candidate/bidder is established. 
 
Article 20. Business and financial standing 
(1)  The business and financial standing are proven, as the case may be, by submitting one or 
several relevant documents, such as:  
a) appropriate bank statements or, as the case may be, evidence regarding the professional 
liability insurance;  
b) financial report or, should publication of these  reports be provided for by the legislation of 
the country where the bidder/candidate is establish ed, excerpts of the financial report;  
c) statements regarding the global turnover or, if appropriate, regarding revenues in the field of 
activity relative to the subject matter of the cont ract during a previous period, which regard the act ivity 
in maximum the past three years, to the extent such  information is available; in this last case, the 
contracting authority has the obligation to conside r also the date when the business operator was 
established or commenced its business activity.  
(2)  If, for objective and grounded reasons, the busines s operator does not have a possibility to 
submit the documents requested by the contracting a uthority, it has the right to prove its business an d 
financial standing also by submitting other documen ts the contracting authority might find relevant, t o 
the extent they reflect a true image of the busines s and financial standing of the candidate/bidder. 
(3)  If the contracting authority requests proving of th e business and financial standing, it has the 
obligation to also indicate in the award documentat ion the information the business operators would 
submit in this respect. 
(4)  The business and financial standing of the bidder/c andidate may be supported, for the 
performance of a contract, by other persons, irresp ective of the nature of the existing legal relation s 
between the bidder/candidate and the person in ques tion. GPA/ACC/MDA/24 
 
- 20 - 
 
   (5)  In case the bidder/candidate proves its business an d financial standing relying also on the 
support provided, in accordance with the provisions  of para. (4), by another person, the first has the  
obligation to prove the support it benefits from, u sually by way of a firm commitment of the relevant 
person, executed in authentic form, attesting that such person will make available to the 
bidder/candidate the financial resources relied on.  The person who provides financial support should 
not be in any of the situations determining exclusi on from the award procedure, according to the 
provisions of article 18 para. (1) and (2) letters a), c) and d). 
 
Article 21. Technical and/or professional capacity 
 
(1)  In case of applying a procedure for the award of a supply contract, for the purpose of 
checking the technical and/or professional capacity  of the bidders/candidates, the contracting 
authority has the right to ask them, based on the s pecifics, quantity and complexity of the products t o 
be supplied and only to the extent to which this in formation is relevant for the performance of the 
contract, the following: 
a) a list of the main deliveries of products perfor med during the past 3 years, including values, 
periods of delivery, beneficiaries, whether such be neficiaries are contracting authorities or private 
customers. Such deliveries of products shall be con firmed by submitting certificates/documents issued 
or countersigned by an authority or by the benefici ary. If the beneficiary is a private customer and, for 
objective reasons, the business operator is unable to obtain a certificate/confirmation from such 
customer, deliveries are proven by a declaration of  the business operator;  
b) a declaration regarding the technical equipments  and the measures applied to assure quality, 
as well as, if applicable, the study and research r esources;  
c) information regarding the personnel/technical sp ecialised body it has available or whose 
participation commitment was obtained by the candid ate/bidder, in particular to ensure quality control ;  
d) certificates or other documents issued by the au thorized bodies in this respect, supporting 
conformity of the products, clearly identified by r eferences to relevant specifications or standards;  
e) samples (to the extent to which the submission t hereof is justified), descriptions and/or 
photos whose authenticity can be proven in case the  contracting authority requests it.  
(2)  In case of applying a procedure for the award of a services contract, for the purpose of 
checking the technical and/or professional capacity  of the bidders/candidates, the contracting 
authority has the right to ask them, based on the s pecifics, volume and complexity of the services to 
be provided and only to the extent to which this in formation is relevant for the performance of the 
contract, the following:  
a) a list of the main services provided during the past 3 years, including values, periods of 
provision, beneficiaries, whether such beneficiarie s are contracting authorities or private clients. 
Performance of such services will be confirmed by t he submission of certificates/documents issued or 
countersigned by an authority or by the private ben eficiary. If the beneficiary is a private customer 
and, for objective reasons, the business operator i s unable to obtain a certificate/confirmation from 
such customer, the performance of the services is p roven by a declaration of the business operator;  GPA/ACC/MDA/24 
 
- 21 - 
 
   b) a declaration regarding the technical equipments  and the measures applied to assure quality, 
as well as, if applicable, the study and research r esources;  
c) information regarding the personnel/technical sp ecialised body it has available or whose 
participation commitment was obtained by the candid ate/bidder, in particular to ensure quality control ;  
d) information regarding the studies, professional training and qualification of the 
management, as well as of the persons responsible f or the performance of the services contract.  
e) a statement on the annual average employed and m anagement staff numbers during the past 
3 years;  
f) if applicable, information regarding the environ mental protection measures the business 
operator can apply during performance of the servic es contract;  
g) information regarding the machineries, plants, t echnical equipments the business operator 
has available for the proper performance of the ser vices contract;  
h) information regarding the share of the contract the business operator potentially intends to 
subcontract.  
(3)  In case of applying a procedure for the award of a works contract, for the purpose of 
checking the technical and/or professional capacity  of the bidders/candidates, the contracting 
authority has the right to ask them, based on the s pecifics, volume and complexity of the works to be 
provided and only to the extent to which this infor mation is relevant for the performance of the 
contract, the following:  
a) a list of the works executed during the past 5 y ears, accompanied by good execution 
certificates for the most important works. The resp ective certificates shall indicate the beneficiarie s, 
whether they are contracting authorities or private  customers, the period and place of execution, as 
well as whether such works were executed in accorda nce with the professional norms of the industry 
and completed;  
b) information regarding the personnel/technical sp ecialised body it has available or whose 
participation commitment was obtained by the candid ate/bidder, in particular to ensure quality control ;  
c) information regarding the studies, professional training and qualification of the management, 
as well as of the persons responsible for execution  of the works;  
d) a statement on the annual average employed and m anagement staff numbers during the past 
3 years;  
e) if applicable, information regarding the environ mental protection measures the business 
operator can apply during performance of the works contract;  
f) a declaration regarding the machineries, plants,  technical equipments the business operator 
has available for the proper performance of the wor ks contract;  
g) information regarding the share of the contract the business operator potentially intends to 
subcontract. 
(4)  If the contracting authority requests proving of th e technical and/or professional capacity, it 
has the obligation to also indicate in the award do cumentation the information the business operators 
would submit in this respect. GPA/ACC/MDA/24 
 
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   (5)  The technical and professional capacity of the bidd er/candidate may be supported, for 
performance of a contract, also by another persons,  irrespective of the nature of the existing legal 
relations between the bidder/candidate and the pers on in question.  
(6)  In case the bidder/candidate proves its technical a nd professional capacity relying also on the 
support provided, in accordance with the provisions  of para. (5), by another person, the first has the  
obligation to prove the support it benefits from, u sually by way of a firm commitment of the relevant 
person, executed in authentic form, attesting that such person will make available to the 
bidder/candidate the technical and professional res ources relied on. The person who provides 
technical and professional support should not be in  any of the situations determining exclusion from 
the award procedure, according to the provisions of  article 18 para. (1) and (2) letters a), c) and d) . 
 
Article 22. Quality assurance standards  
 
(1)  If the submission of certain certificates, issued b y independent bodies, attesting the fact that 
the business operator complies with certain quality  assurance standards, is requested, the contracting  
authority has to relate to the quality assurance st andards based on the series of relevant European 
standards, certified by bodies in compliance with t he series of European certification standards.  
(2)  In accordance with the principle of mutual recognit ion, the contracting authority has the 
obligation to accept equivalent certificates issued  by the bodies established in the other states of t he 
European Union.  
If the business operator does not hold a quality ce rtificate as requested by the contracting authority , the 
latter has the obligation to accept any other evide nce produced by the respective business operator, t o 
the extent the evidence submitted confirms that a a ppropriate quality level is assured. 
 (3) If the business operator holds other certifica tions than the ones requested by the contracting 
authority, then the business operator has the oblig ation, under the sanction of rejection of bid, to 
request from the contracting authority a confirmati on of approval of such certifications, before the 
deadline for submission of bids.  
 
Article 23. Environmental management standards  
 
(1)  If the submission of certain certificates, issued b y independent bodies, attesting the fact that 
the business operator complies with certain environ mental protection standards is requested, then the 
contracting authority has to relate to:  
a) either to the Community Eco-Management and Audit  Scheme (EMAS);  
b) or to the environmental management standards bas ed on the series of European or international 
applicable standards, certified by bodies compliant  with the Community law or the European or 
international standards concerning certification.  
(2)  In accordance with the principle of mutual recognit ion, the contracting authority has the 
obligation to accept equivalent certificates issued  by the bodies established in states of the Europea n 
Union. If the business operator does not hold an en vironmental certificate as requested by the 
contracting authority, the latter has the obligatio n to accept any other proof or evidence produced by  
the respective business operator, to the extent the  evidence submitted confirms that an appropriate 
environmental protection level is ensured. 
(3)  If the business operator holds other certifications  than the ones requested by the contracting 
authority, then the business operator has the oblig ation, under the sanction of rejection of bid, to GPA/ACC/MDA/24 
 
- 23 - 
 
   request from the contracting authority a confirmati on of approval of such certifications, before the 
deadline for submission of bids. 
 
Article 24.  List of qualified business operator  
 
    (1) The list of qualified business operator is an official writ which ensures accessibility of the  
business operator to the public procurement procedu res. 
    (2) Enrolment in the List of qualified business  operator is not compulsory and occurs upon the 
request of the business operator, subject to the la tter obtaining a confirmation certificate after 
enrolment. 
    (3) The list of qualified business operators is  drawn up, updated and maintain by the Agency 
pursuant to the regulation approved by the Governme nt. 
 
    Article 25.  List of banned business operators  
 
    (1) The List of banned business operators is an  official writ and is drawn up by the Agency for th e 
purpose of limiting, for a 3-year period, the parti cipation of business operators in the public 
procurement procedures provided for by this law. 
    (2) The list of banned business operators is dr awn up, updated and maintained by the Agency 
pursuant to the regulation approved by the Governme nt. 
 
Article 26.   Award criteria for the public procurement contract  
 
(1)  The contracting authority has the obligation to ind icate in the participation announcement the 
award criteria relative to the public procurement c ontract.  
(2)  Notwithstanding the legislative or administrative p rovisions regarding remuneration of certain 
services, the award criteria relative to the public  procurement contract can be only:  
a) either the bid which is technically and economic ally most advantageous;  
b) or the lowest price.  
(3)  In case of applying the criterion “the bid which is  technically and economically most 
advantageous”, the bid declared winner is the bid w ith the highest score as resulting from application  of a 
system of evaluation factors establishing relative weights.  
(4)  If, for objective reasons which the contracting aut hority can thoroughly substantiate, the accurate 
determination of the relative weights for each indi vidual evaluation factor is impossible, the contrac ting 
authority has the obligation to indicate in the par ticipation announcement and in the award documentat ion 
at least the descending order of the importance of the evaluation factors to be used.  
(5)  The contracting authority has the obligation to cle arly indicate in the participation 
invitation/announcement, as well as in the award do cumentation, the evaluation factors together with t he 
relative weights thereof.  
(6)  The contracting authority has the obligation to ind icate in the award documentation the 
computation algorithm or the specific scoring metho dology of the advantages to result from the technic al 
and financial proposals submitted by the bidders.  
(7)  The bid which is technically and economically most advantageous is the bid declared winner 
based on the following evaluation factors, however not being limited thereof: 
    a) price, delivery terms, payment conditions, p rofitability, quality, aesthetic, functional and 
technical characteristics, technical servicing poss ibilities and costs, technical assistance, other elements GPA/ACC/MDA/24 
 
- 24 - 
 
   deemed significant for the evaluation of the bids  - in case of public procurement contracts for good s. The 
share of the price out of the total evaluation of t he bids will not be lower than 60%;  
    b) quality offered, total price, other elements  deemed significant for the evaluation of the 
bids , etc. - in case of public procurement contrac ts for works; The share of the price out of the tot al 
evaluation of the bids will not be lower than 80%; 
    c) quality offered, unit cost of the bidder’s p roduct, total price, other elements deemed 
significant for the evaluation of the bids , etc. - in case of public procurement contracts fo r services; The 
share of the price out of the total evaluation of t he bids will not be lower than 40%;  
 
Chapter V 
PUBLICITY AND TRANSPARENCY  
 
Article 27. Notice of planned procurement  
 
    (1) The contracting authority has the obligatio n to publish in the Public Procurement Newsletter a n 
notice of planned procurement (intent announcement)  regarding the contemplated public procurement 
procedures. The contracting authority has the obligation to inc lude in the announcement at least the 
information contained in appendix no. 3A and, if ne cessary, other information deemed useful by the 
authority. 
    (2) In case of the public procurement procedure s under art. 2 para.(3), the intent announcement wi ll 
be also published in the “Official Journal of the E uropean Community”.    
    (3) The intent announcement will be published s eparately for goods, works and services, within 
maximum 30 days since the approval date of the resp ective contracting authority’s own budget.  
    (4) The intent announcement will include all pu blic procurement contracts contemplated to be 
award by the end of the budgetary year. In case of the procurement contracts whose estimated value 
for goods and services is smaller than lei 400,000 and for works smaller than lei 1,500,000, 
publication of the intent announcement is not compu lsory.  
    (5) Publication of the intent announcement does  not oblige the contracting authority to actually 
make the respective procurement.  
 
    Article 28.  General rules for drawing up and publication of the  notice of participation/intended 
procurement  
    (1) The contracting authority is obliged to pub lish the notice of intended procurement, hereinafte r 
referred to as the notice, in the Public Procuremen t Newsletter and on the Agency’s website, in all th e 
cases provided for by this law, pursuant to the pro curement procedure applied. In case of the public 
procurement procedures under art. 2 para.(3), the n otice will be also published in the “Official Journ al 
of the European Community”. 
    (2) The notice will be published in the state l anguage and, as the case may be, in one of the 
international languages.  
    (3)Standard forms, approved in this respect, al lowing the publicity of the public procurement 
procedures, shall be used when drawing up and execu ting the notice.  The contracting authority has the 
obligation to include in the notice/announcement at  least the information contained in appendix no. 3A  
and, if necessary, other information deemed useful by the contracting authority, using the standard fo rms 
adopted by the European Commission. GPA/ACC/MDA/24 
 
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       (4) For the purpose of ensuring maximum transpa rency, the contracting authority has the right to 
publish the notice also in other means of mass medi a, either national or international, but only 
subsequent to the publication of the respective not ice in the Public Procurement Bulletin and on the 
Agency’s website. The notice published also in othe r local, national or international means of 
information will indicate the number and date of th e Public Procurement Bulletin in which the notice 
was published and will not contain other informatio n than the ones already published in the given 
bulletin.  
    (5) The notice will be published within certain  terms which allows all interested business operato rs, 
subject to no discrimination whatsoever, real possi bilities of participating in the award procedures 
relative to the public procurement contract. 
    (6) If, after publication of the notice, but be fore the deadline set for receiving the bids, there  is any 
need of correction, the corrected notice will be pu blished in the same means of mass information and 
will have the same value as the original notice, in  which case the contracting authority will extend t he 
deadline to allow potential bidders to make the nec essary amendments. The contracting authority will 
also extend the deadline in cases when, irrespectiv e of reasons, the technical specifications or the 
additional information, although timely requested, have not been submitted within the terms set forth 
by the present law; or in case that bids can not be  formulated other than following a visit on site or  
after the onsite consultation of some documents app ended to the technical specifications. Deadlines fo r 
bid submission shall be extended in the way to allo w all interested business operators to get access t o 
the whole information necessary to formulate their bids.   
 
       Article 29. Award announcement (Publication of award informatio n) 
 
    (1) The contracting authority has the obligatio n to publish an award announcement in the Public 
Procurement Bulletin and on the Agency’s website, n o later than 30 calendar days since the date when: 
  
a) it completed the award procedure - open tender, restricted tender, competitive dialogue, negotiatio n 
with/without prior publication of a participation a nnouncement, request for quotations - by awarding t he 
public procurement contract or executing the framew ork agreement;  
b) it completed a competition of solutions by deter mining the winning competitor;  
c) it awarded a public procurement contract through  a dynamic procurement system. 
 
   (2) When awarding public procurement contracts t hrough a dynamic procurement system, the award 
announcements can be re-grouped on quarterly bases.  In this case, the respective re-grouped award 
announcements shall be published within maximum 48 days after the end of the quarter. 
    (3)  In case of the public procurement procedur es under art. 2 para.(3), the announcement will be 
also published in the “Official Journal of the Euro pean Community”. 
    (4)  The award announcement relative to the pub lic procurement contract will contain at least the 
data contained in appendix no. 3A and, if necessary , other information deemed useful by the 
contracting authority, using the standard forms ado pted by the European Commission. 
 
 
 
 GPA/ACC/MDA/24 
 
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    Article 30. Information and the award of the procurement contra ct 
 
(1)  The contracting authority has the obligation to inf orm the business operators involved in the 
award procedure of the decisions regarding the resu lt of the selection, the result of the award 
procedure relative to public procurement contract o r the procedure for execution of the framework 
agreement, admission to a dynamic system of procure ment, the result of the competition of solutions 
or, as the case may be, cancellation of the award p rocedure and potential subsequent commencement 
of a new procedure, in writing and as soon as possi ble, but not later than 3 business days since the 
issuance thereof. 
(2)   Communication whereby the information referred to under para. (1) is sent, can be sent also 
by fax or electronic means to the addresses indicat ed by bidders in their bids. In any case this fact 
shall be recorded. 
(3)  In case the contracting authority does not send the  communication regarding the result of 
applying the procedure also by fax or electronic me ans, then the terms set out under art. 30 para. (1)  
are extended by 5 days. 
(4)   In the communication referred to under para. (3), the contracting authority has the obligation 
to inform the winning bidder(s), the accepted candi date(s) about the acceptance of the submitted 
bid(s)/candidature(s). 
(5)  In the communication referred to under para. (1), t he contracting authority has the obligation 
to inform the bidders/candidates who were rejected or whose bid/candidature was not declared the 
winner/accepted on the reasons supporting the respe ctive decision, as follows:  
a) to each rejected candidate, the actual reasons f or the rejection its candidature;  
b) for each rejected bid, the actual reasons on whi ch the rejection decision was grounded, with 
details of the reasons for which the bid was deemed  unacceptable and/or non-compliant, in particular 
which items of the bid did not match the functional  and performance requirements in the tender 
specifications;  
c) to each bidder who submitted an acceptable and c ompliant bid, but which was not declared 
the winning bid, the features and relative advantag es of the winning bid(s) as compared to its bid and  
the name of the bidder to be awarded the public pro curement contract or, as the case may be, of the 
bidders a framework agreement would be entered into  with;  
(6)  The tender documentation may include the requiremen t for the bidder whose bid was 
declared winner to sign the procurement contract wi thin 10 calendar days since the date when such 
contract was sent for signature to it. Execution of  the contract may be suspended by the Complaint 
Settlement Agency in the cases specified under this  law. 
(7)  The contract is deemed concluded on the date of its  signing by the parties and enters into 
effect as of the time of its registration as determ ined under this law.       
(8)  If, after the expiry of the term set out under para .(7), the bidder who received the bid’s 
acceptance communication did not sign the procureme nt contract or did not submit the guarantee 
requested for the execution of the contract, the co ntracting authority is entitled to reject the bid a nd 
select another winning bid of the bids still valid.  Likewise, the contracting authority is entitled to  
reject all the other bids subject to the conditions  of this law. 
      
 
 GPA/ACC/MDA/24 
 
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   Article 31. Terms for execution of the contracts 
 
(1)  The contracts which fall into the scope of this law  may be executed only once the following 
waiting terms have elapsed:  
     a) 11 days since the date of sending the commu nication regarding the result of applying the 
procedure, should the estimated value, pursuant to the provisions of art. 3 of the respective contract  is 
equal to or higher than the value thresholds set ou t under art. 2 para. (3);  
a) 6 days since the date of sending the communicati on regarding the result of applying the 
procedure, should the estimated value, pursuant to the provisions of art. 3 of the respective contract  is 
smaller than the value thresholds set out under art . 2 para. (3).  
(2)  The contracts/framework agreements which fall into the scope of this law, executed before 
reaching the terms set out under para. (1), are voi d.  
(3)  Compliance with the terms set out under para. (1) i s optional in the following cases:  
a) when this law does not provide for an obligation  to publish an participation announcement 
or invitation;  
b) when the respective contract/framework agreement  is to be executed with a business 
operator who was the only bidder in the respective award procedure and there are no other business 
operators involved in the award procedure;  
c) when a contract is awarded subsequent to a frame work agreement or as a result of using a 
dynamic procurement system. 
 
 
Chapter VI 
MAIN REQUIREMENTS IN RESPECT OF THE AWARD PROCEDURE  
 
 
Article 32.  Rules applicable to communication 
(1)  Any communication, request, information, notificati on and similar, as provided for in this 
law, shall be sent in writing.  
(2)  Any document in writing will be registered both as outgoing and incoming.  
(3)  The contracting authority has the right to impose i n the award documentation the means of 
communication it intends to use during application of the procedure.  
(4)  The business operator has the right to send a reque st to participate in the award procedure 
through any of the means stipulated under art. 33 o r by phone; in this last case, the business operato r 
has the obligation to confirm the participation req uest in writing, as soon as possible, but no later than 
3 days from the date when the participation request  was made and compulsory until the deadline for 
presenting submissions  
(5)  The contracting authority has the right to impose t hat any request to participate in the award 
procedure, which was sent by fax, is confirmed, wit hin 3 days, by a mailed letter or through electroni c 
means. In this case, the contracting authority has the obligation to indicate the respective requireme nt, 
as well as the term in which it has to be met in th e participation announcement.  
(6)  The business operator has the right to submit the b id only by mail or through electronic 
means, should such possibility be provided in the i nvitation for participation. GPA/ACC/MDA/24 
 
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   (7)  In case the contracting authority determines that t he bids are to be mailed, the bidder has, 
implicitly, the right to deliver the bid directly t o the headquarters of the contracting authority or to 
another address indicated by the latter.  
(8)  The contracting authority has the right to determin e that the participation requests and/or bids 
may be submitted also through electronic means, pro vided only that the following requirements are 
met:  
a) the information about the specific possibilities  of electronic transfer, including encrypting, is 
available to any interested business operator;  
b) the electronic receipt devices properly secure t he integrity and confidentiality of the received da ta;  
c) the business operators have to submit the reques ted documents, certificates, declarations and simil ar 
before the submission deadline, if they are not ava ilable in electronic format.  
(9)  Securing the integrity and confidentiality of the r eceipt data entails the fact that the electronic 
devices, based on their technical features and/or t he specific procedures used, allow that at least th e 
following conditions are cumulatively met:  
a) the exact time of receiving the bids or particip ation requests, as well as, if applicable, certain 
plans/projects, can be accurately determined;  
b) no person has access to the data transmitted bef ore the date transmission deadline;  
c) in case the access interdiction under letter b) was violated, such unauthorized access is clearly 
detectable;  
d) only authorized persons in this respect have the  right to set or modify the visualization data of t he 
receipt data;  
e) access to the received data is possible, in all the stages of the process, only through the simulta neous 
action of two authorized persons/systems and only a fter the visualization date set pursuant to the 
provisions of letter d);  
f) after the visualization date of the received dat a, access to the respective data remains possible o nly 
for persons authorized to visualize the respective data. 
(10)  Communications, exchanges of information and storag e thereof are done so that data integrity 
and confidentiality of the bids and participation r equests are secured, and the analysis of the conten t of 
the bids and participation requests by the contract ing authority is ensured only after the expiration of 
the term set for their submission. 
(11)  The tools used for electronic communication, as wel l as the technical features thereof should 
be permanently available to the public and compatib le with the general information and 
communication technologies. 
(12)  Application of the electronic bid’s transmission an d receipt devices, as well as of the 
electronic devices relative to the participation re quests takes place in observance of the following 
rules: 
    a) the information about the necessary specific ations of the electronic submission of the bids and  
participation requests, including encryption, has t o be available to the interested parties; 
    b) the electronic bids have to be confirmed by electronic signature. 
 
    Article 33.  Forms of communication 
 
    (1) All communications, as well as all exchange s of information can be sent, at the contracting 
authority’s option, by mail, by fax, electronically , by phone (subject to the conditions of article 32  
para.4) or through a combination of such means. GPA/ACC/MDA/24 
 
- 29 - 
 
       (2) The means of communication selected have to  be generally accessible and should not limit the 
access of the business operators to the public proc urement contracts award procedure.  
 
    Article 34. Clarifications  
 
(1)  Any interested economic operator is entitled to req uest clarifications regarding the award 
documentation.  
(2)  The contracting authority shall respond in a clear,  complete and unambiguous manner, at the 
shortest time possible, to any requested clarificat ion, within a period which shall not exceed, in 
general, 3 business days since the receipt of such a request from the business operator, except for a 
competition involving a request for quotations, whe re such period shall not exceed one business day.  
(3)  The contracting authority has the obligation to sen d the responses, accompanied by the 
relevant questions, to all business operators who o btained, subject to the conditions of this law, the  
award documentation, taking measures not to disclos e the identity of the person who requested such 
clarifications and it will further post them in SIA  “RSAP”.   
(4)  Notwithstanding the provisions of para. (2), to the  extent to which the clarifications are 
requested within the due time, the response of the contracting authority to such requests has to be 
published in SIA “RSAP” or sent to the business ope rators no later than: 
(a) 6 days before the deadline set for submission o f the bids, in case the estimated value 
of the contract is higher than the thresholds under  art. 2 para.3; 
(b) 4 days before the deadline set for submission o f the candidatures, in case of a the 
restricted tender, negotiation with publication of an announcement. 
(c) 3 days before the deadline set for submission o f the bids, in case the estimated value 
of the contract is smaller than the thresholds unde r art. 2 para.3; 
(d) 1 day before the deadline set for submission of  the candidatures, in case of COP. 
(5)  If the business operator failed to send the request  for clarifications in due time, thus making it 
impossible for the contracting authority to observe  the term set out under para. (4), the latter has t he 
possibility not to respond. If the contracting auth ority decides to send the response to the request f or 
clarifications, it has the obligation to extend the  term set for submission of the bids so that the te rm 
under para.(4) is met. In this case, extension of t he term for the bids submission does not extend the  
right to request clarifications. 
(6)  The contracting authority has the obligation to ope n the candidatures/bids on the date, at the 
time and at the address indicated in the participat ion invitation/announcement, to the extent to which  
the obligation concerning the extension of the bids  submission deadline has not already fallen due, 
unless the bids submission deadline was extended as  a result of suspending the procedure. 
 
    Article 35. The requirement to have the documents confirmed 
 
    The contracting authority is entitled to ask th e bidder to confirm the documents submitted, subjec t 
to the conditions set for this category of document s. 
 
 
 
 GPA/ACC/MDA/24 
 
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       Article 36. Rules regarding the terms for submission and receip t of the participation requests and 
bids 
 
    (1) The business operator, interested to partic ipate in the public procurements procedure, has the  
obligation to submit, in this sense, a request of p articipation before the deadline established by the  
contracting authority.    
 
    (2) The deadline for submission and receipt of the participation requests and bids will be suffici ent 
to allow business operators, both in the country an d abroad, to prepare and submit the bids before the  
closure of the award procedure.  
    (3) When setting the deadline, the contracting authority shall take into account the complexity of  the 
contemplated procurement procedures, the anticipate d subcontracting area and the usual time required 
to mail the bids from the country and abroad. 
    (4) The contracting authority is responsible fo r setting the deadline for submission and receipt o f the 
participation requests and bids. 
 
    Article 37.  Rules regarding description of the goods, works an d services 
 
(1)  The characteristics of the goods, works and service s requested by the contracting authority 
shall represent an accurate and complete descriptio n of the subject matter of the procurement, so as 
each requirement and criterion, set by the contract ing authority, shall be met. 
(2)  The characteristics of the subject matter of the pr ocurement have to match the requirements 
of the contracting authority in respect of quality,  efficiency, testing, security, dimensions, symbols , 
terminology, packing, means of transportation, mark ing, labelling, production processes and methods, 
as well as the procedures for determining its compl iance with the requirements of the award 
documents. 
(3)  When drawing up the technical characteristics, desi gns, technical drawings, drafts and 
descriptions requested by the contracting authority , the following shall be included:  
    a) the physical description of the requested go ods, works and services, based on the objective and  
relevant technical and qualitative characteristics;   
    b) the operation qualities of the goods and eff iciency of the works and services, in case physical  
description is impossible or the efficiency paramet ers prevail;  
    c) the description of the requested goods, work s and services shall employ the characteristics, 
requirements, symbols and standard terms or recogni zed international and internationally 
recognized national standards, as approved by the n ational standardization body.  
(4)  The technical characteristics shall neither refer t o a certain trademark or business operator, 
patent, draft or type of goods, services and works,  nor shall they indicate a certain origin, producer  or 
specific business operator. Should no sufficiently accurate presentation of the procurement 
requirement exist, and such reference cannot be avo ided, the characteristics shall include the wording  
“or equivalent”. 
(5)  The technical specifications shall be based on the international and national standards, 
technical regulations and national norms, as the ca se may be. 
(6)  The technical specifications shall be defined so as  to match, whenever possible, the 
needs/demands of any user, including disabled peopl e. GPA/ACC/MDA/24 
 
- 31 - 
 
   (7)  The technical specifications have to allow each bid der equal access to the award procedure 
and won’t have the effect of creating undue barrier s to restrict competition between business operator s. 
(8)   Notwithstanding the national compulsory technical regulations, to the extent to which they 
are compatible with the Community law, the contract ing authority has the obligation to define the 
technical specifications:  
a) by reference, usually in the following order of priority, to the national/European standards, 
national/European technical homologations, internat ional standards or other technical references 
drawn up by national/European standardization bodie s; should such be absent, then the technical 
specifications are defined by reference to other na tional technical standards, homologations or 
regulations regarding the use of products or the de sign, computation and execution of the works. Any 
such reference has to be accompanied by the specifi cation “or equivalent”; or  
b) by articulating the requested operational perfor mances and/or requirements which have to be 
sufficiently precise to allow bidders to determine the subject matter of the public procurement contra ct 
and the contracting authority to award the respecti ve contract; or  
c) both by articulating the requested operational p erformances and/or requirements, as stipulated unde r 
letter b), as well as by references to the common t echnical standards, homologations, specifications 
indicated under letter a), as means of presuming th e compliance with the respective level of 
performance and operational requirements; or  
d) by articulating the requested operational perfor mances and/or requirements, as stipulated under 
letter b), for certain characteristics and by refer ence to the technical standards or homologations 
indicated under letter a), for other characteristic s. 
 
(9)  If the contracting authority defines the technical specifications in the tender specifications, 
opting for the means provided under para. (8) lette r a), then no bid may be rejected on the ground tha t 
the products or services included in the technical proposals are not compliant with the indicated 
specifications, provided that the bidder proves, th rough any adequate means, that the technical 
proposal submitted meets, in an equivalent manner, the requirements of the contracting authority, as 
defined in the technical specifications. 
(10)  If the contracting authority defines the technical specifications in the tender specifications by 
articulating the requested operational performances  and/or requirements, then no bid may be rejected 
if the bidder proves, through any adequate means, t hat the products, services or works offered support  
the achievement of the requested operational perfor mances or requirements because they are 
compliant with:  
a) a national/European standard; 
b) a national/European technical homologation;  
c) a common technical specification used in the Eur opean Community;  
d) an international standard;  
e) other technical regulations issued by European standardization bodies.  
(11)  Adequate means of supporting compliance with the te chnical specifications can be the 
technical file of the manufacturer or a trial/testi ng report issued by a recognized body, such as, as the 
case may be, an independent trial and calibration l aboratory or a certification and inspection body GPA/ACC/MDA/24 
 
- 32 - 
 
   which ensures the observance of the applicable nati onal/European standards; the contracting authority 
has the obligation to accept the certificates issue d by recognized bodies in any of the Member States of 
the European Union. 
(12)  The operational performances and requirements used to defined the technical specifications 
may also include environmental characteristics. 
(13)  If the contracting authority requests compliance wi th environmental characteristics in terms 
of the operational performance and requirements, th en it has the right to use, entirely or in part, th e 
specifications defined as European or (multi)nation al “eco-labels” or as any other “eco-labels” if the  
following conditions are cumulatively met:  
a) the respective specifications are adequate to de fine the characteristics of the products or 
services whose supply/provision makes up the subjec t matter of the public procurement contract;  
b) the requirements for ”eco-label” have been scien tifically developed;  
c) the “eco-label" was adopted by a specific proced ure that allowed the involvement of all 
interested parties - government bodies, consumers, producers, distributors, environmental 
organizations;  
d) the “eco-label" is accessible/ available to any interested person;  
 
(14)  The contracting authority is entitled to specify in  the Tender Specifications the fact that the 
products or services offered with a certain “eco-la bel" are considered to automatically meet the 
requested technical specifications. On the other ha nd, the contracting authority is not entitled to de em 
that a technical proposal is not compliant simply b ecause the products or services offered do not have  
a specified "eco-label", if the bidder proves by an y adequate means that the products/services offered  
meet the requested technical specifications. 
(15)  The contracting authority has the right to impose i n the award documentation, to the extent 
such are compatible with the Community law, special  terms of performing the contract aimed at 
obtaining certain social or environmental protectio n effects and the promotion of sustainable 
development. 
 
    Article 38.  The award documentation 
 
    (1) The contracting authority has the obligatio n set forth in the award documentation any 
requirement, criterion, rule and other information,  necessary to offer the bidder/candidate a complete , 
correct and explicit information regarding the way the award procedure is to be performed. 
      (2) The Public Procurement Agency shall exami ne, prior to submitting the participation 
announcement for publication, the compliance of awa rd documentation with the provisions of the 
public procurement legislation. 
(3)  Within maximum 10 days from the date of award docum entation receipt, the Public 
Procurement Agency: 
a)  either registers the award documentation; or 
b)  informs the contracting authority about the identif ied non-compliance of award 
documentation and on the reasons of non-compliance with the provisions of the public 
procurement legislation. 
 GPA/ACC/MDA/24 
 
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         (4) The award documentation, re-submitted by the contracting authority pursuing the incidence of  
provisions under para (3) letter b), shall be exami ned by the Public Procurement Agency within 
maximum 5 days from the date of repeated receipt th ereof.  
 
     (5) The award documentation is drawn up and pu blished in the state language. 
     (6) The documents specified under para.(5) may  be drawn up also in an international language in 
case:  
    a) the nature of the requested goods, works and  services demands attraction of foreign business 
operators, resources or technologies, provision of expertise services or involvement of foreign 
competitors;  
    b) the estimated price of the requested goods, works and services exceeds the thresholds set out 
under art. 2 para.(3). 
    (7) The bids are submitted in the language spec ified in the award documentation. All business 
operators are entitled to make references to the aw ard documents and word the requirements in the 
language of the bid. 
 
     Article 39.  Explanations regarding the tender documents and am endment thereof  
 
(1)  The business operator may ask the contracting autho rity to provide explanations regarding the 
tender documents. To any such request, the contract ing authority will reply in accordance with the 
provisions of Article 34. 
(2)  Until the expiration of the deadline for submission  of the bids, the contracting authority has 
the right to amend the tender documents, either upo n its own initiative, or as a response to a request  for 
explanations by a business operator. The informatio n about the amendments is communicated 
forthwith to all business operators who the contrac ting authority offered tender documents to, as well  
as to the Agency. 
(3)  If a meeting of the business operators will be held , the contracting authority will draw up the 
minutes of such meeting. The minutes will be distri buted forthwith to all business operators the 
contracting authority offered tender documents, wil l be published in SIA “RSAP” in compliance with 
the provisions of art. 34, so that they can conside r it in preparation of the bids, and will be 
communicated to the Agency. The minutes is integral  part of the tender documents and its provisions, 
which are considered by the contracting authority t o be amendments or supplements to the tender 
documents, shall be indicated accordingly.  
 
 
     Article 40.  Corruption by the business operators  
 
    (1) The contracting authority will reject the b id if it finds that the business operator which sub mitted 
it proposes or agrees to propose, directly or indir ectly, to any person holding an accountability posi tion 
or to any employee of the contracting authority, a favour in any form, an employment offer or any 
other service as reward for certain actions, decisi ons or application of a procurement procedure to th e 
benefit of such business operator.  
    (2) Rejection of the bid and the reasons of rej ection shall be documented in the report on the 
procurement procedure and communicated forthwith to  the business operator in question.  GPA/ACC/MDA/24 
 
- 34 - 
 
       (3) The Agency shall report forthwith to the co mpetent bodies any case of corruption or attempted 
corruption committed by the business operator or by  the representative of the contracting authority. 
    (4) The public procurement contracts obtained t hrough corruption, confirmed under a final court 
decision, are void. 
 
    Article 41.  Conditions regarding taxes, environmental aspects,  health & safety 
 
    (1) The contracting authority will indicate in the tender specification the bodies business 
undertakings can obtain relevant information from i n respect of their obligations concerning taxes, 
environmental protection, occupational health and s afety and work conditions in the Republic of 
Moldova, to be applied to the works executed or ser vices provided during the contract performance 
term. 
    (2) The contracting authority which supplies th e information stipulated under para.(1) requests th e 
bidders to indicate that, in drawing up their bids,  they took into consideration the applicable health  and 
safety provisions and work condition in the place w here the works or services are to be executed or 
provided. 
 
Article 42  The bid. Alternative bids 
 
(1)  The bidder has the obligation to compile its bid in  accordance with the provisions laid down 
in the award documentation. 
(2)  The bid has a binding nature in terms of its conten t, during the entire validity term set by the 
contracting authority. 
(3)  The business operator has the obligation to submit the bid to the address and before the limit 
date and time set for submission in the participati on announcement or invitation.  
(4)  The risks related to the submission of the bid, inc luding force majeure, shall be borne by the 
business operator. 
(5)  Bids submitted to a different address of the contra cting authority than as established or bids 
submitted after the deadline for submission of bids  shall be returned unopened.  
(6)  The content of the bids shall remain confidential u ntil the date set for the opening thereof, and 
the contracting authority shall learn of the conten t of the respective bids only after such date. 
(7)   The contracting authority has the right to allow t he bidders to submit additional bids, called 
alternative bids, but only in case the bids’ evalua tion criterion is the bid which is technically and 
economically most advantageous. Only the alternativ e bids may depart, to a certain extent, from the 
requirements laid down in the documentation concern ing the drawing up and submission of the bid.  
(8)  The contracting authority has the obligation to inc lude in the tender documents minimum 
binding requirements to be met by the alternative b ids in order to be considered. 
(9)  The participation notice/invitation shall explicitl y indicate whether the submission of alternative 
bids is allowed or forbidden. Should such specifica tion be absent, the contracting authority is not en titled 
to consider alternative bids.  
(10)  The contracting authority does not have the right t o reject an alternative bid simply because 
it:  
a)  is drawn up using certain technical specifications defined otherwise than in the tender 
specifications, in case the bidder can prove that t he proposed solution supports the appropriate 
fulfilment of all the technical requirements reques ted by the contracting authority;  GPA/ACC/MDA/24 
 
- 35 - 
 
   b)  could be declared winner in case:  
    - the public procurement contract for goods, wh ich the contract award procedure was organized for,  
turns into a public procurement contract for servic es; 
    - the public procurement contract for services,  which the contract award procedure was organized 
for, turns into a public procurement contract for g oods.  
(11)  The contracting authority has the obligation not to  consider the alternative bids which do not 
meet the minimum requirements stipulated under para . (10) of the present article. 
 
 
Article 43.   Public procurement file 
 
(1)  The contracting authority has the obligation to put  together the public procurement file and to 
keep such for 5 years since the commencement of the  procurement procedure. 
(2)  The documents to be included in the public procurem ent file, as well as the ones to be sent to 
the Agency, are determined under the regulation app roved by the Government. 
 
 
Chapter VII 
PUBLIC PROCUREMENT PROCEDURES  
 
Section 1.  Types of public procurement procedures  
 
Article 44.  Public procurement procedures 
 
(1)  The public procurement contract may be award based on the following procedures: 
a) open tender; 
b) restricted tender; 
c) competitive dialogue; 
d) negotiated procedures; 
e) request for quotations; 
f) procurement in case of plans for construction of  social houses; 
g) competition of solutions. 
(2)  The basic award procedure for the public procuremen t contract is the open tender and restricted 
tender. Other procurement procedures may be used, b ut only subject to conditions expressly stipulated 
under this law. 
(3)  The contracting authority may use special award mea ns only in the cases expressly provided 
for hereunder. Such special means are: 
a) the framework agreement; 
b) the dynamic procurement system; 
c) the electronic tender. 
 
 
 
 
 GPA/ACC/MDA/24 
 
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   Section 2. Open tender 
 
Article 45. Initiation of the open tender  
(1)  The open tender procedure contains bids of all the business operators willing to participate in 
the tender.  
(2)  The contracting authority publishes in advance an i nvitation to participate in the open tender 
in order to inform the potential bidders, so that t hey can prepare their bids. 
(3)  In case of open tenders  in which the value of the contract to be awarded, as estimated pursuant to 
the provisions of art. 3, is smaller than the value  thresholds set out under art. 2 para. (3) , the bids’ 
submission term will be at least 20 calendar days s ince the publication date of the participation 
announcement in the Public Procurement Bulletin.  
(4)  In case of public procurement procedures  in which the value of the contract to be awarded, as 
estimated pursuant to the provisions of art. 3, is equal to or higher than the value thresholds set ou t under 
art. 2 para. (3) , the period between the date of sending the particip ation announcement for publication in 
the Public Procurement Bulletin  and the Official Journal of the European Union and  the deadline for 
submission of the bids has to be of at least 52 day s. 
(5)  If the contracting authority published an intent an nouncement regarding the public 
procurement contract to be awarded, it has the righ t to reduce the period set out under para. (4) down  
to 36 days. 
(6)  The reduction stipulated under para. (5) is allowed  in case the intent announcement contained 
all the information which are indicated for the par ticipation announcement, to the extent to which the y 
were known on the date of publishing the intent ann ouncement and were sent for publication at the 
most 12 months and at least 52 days before the date  of sending the participation announcement for 
publication.  
(7)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (4) or para. (5) may be reduced by  
7 days.  
(8)  If the contracting authority publishes in electroni c format the entire award documentation and 
allows, as of the publication date of the participa tion announcement, direct and unrestricted access o f 
the business operators to this documentation, then it has the right to reduce the period set out under  
para. (4), as well as the ones resulted following a pplication of the provisions of para. (7) by 5 days .  
(9)  The reduction stipulated under para. (8) is permitt ed only in case the participation 
announcement contains details regarding the Interne t address where the documentation is available.  
(10)  Any interested business operator is entitled to req uest and obtain the award documentation.  
(11)  If, for technical reasons, the award documentation cannot be published in electronic format, 
the contracting authority has the obligation to mak e the award documentation available to the business  
operator as soon as possible, within a term which w ill not exceed 2 days since the receipt of the 
request from the latter.  
(12)  The interested business operator has the obligation  to deploy its best efforts so that compliance by 
the contracting authority with the period set out u nder para. (11) will not lead to a situation in whi ch the 
award documentation would be made available to it w ith less than two days before the deadline for 
submission of the bid.  
 
 GPA/ACC/MDA/24 
 
- 37 - 
 
    
    Article 46.  Notice for participation to tender (Invitation to tender) 
 
(1)  The notice/invitation to the open tender is drawn u p pursuant to the provisions of article 28 and 
includes the information as it appears in appendix no. 3A of the present law. 
    
    Article 47.  Conditions for offering the tender documents  
(1)  The contracting authority will offer the tender doc uments to the business operators pursuant to 
the provisions laid down in the invitation to tende r. The fee the contracting authority is entitled to  
charge for the tender documents includes only the e xpenses incurred with their printing and delivery t o 
the business operator. The protected workshops, in the light of article 5 paragraph (2), shall be offe red 
these documents free of charge.  
  
   Article 48.  Award documents 
 
(1)  The structure and content of the award documents ar e established on the standard 
documentation approved by the Ministry of Finances.  
 
Section 3.  Restricted tender  
 
Article 49.  Conditions for the performance of the restricted t ender 
 
(1)  The restricted tender is carried out subject to the  same rules as those applied to the open 
tender, provided that a pre-qualification procedure  is applied, preceded by the publication of an 
invitation to participate in the pre-qualification.  
(2)  The procedure for the restricted tender is divided into two stages:  
a) the stage of selecting the candidates, by applyi ng the selection criteria, in accordance with 
the provisions of art. 16-25;  
b) the stage of evaluating the bids submitted by th e selected candidates, by applying the award 
criterion.  
(3)  The restricted tender is initiated by sending a par ticipation announcement for publication in 
the Public Procurement Bulletin, in accordance with  appendix no. 3A, asking the interested business 
operators to submit candidatures. The period betwee n the date of sending the participation 
announcement for publication in the Public Procurem ent Bulletin and the deadline for submitting the 
candidatures has to be of at least 20 days.  
(4)  If the estimated value of the public procurement co ntract is equal to or higher than the one set 
out under art. 2 para. (3), the period between the date of sending the participation announcement for 
publication in the Official Journal of the European  Union and the deadline for submission of the 
candidatures has to be of at least 37 days. 
(5)  If, for urgency reasons, the number of days indicat ed under paras. (3) and (4) cannot be 
observed, the contracting authority has the right t o accelerate application of the procedure by reduci ng 
the period set out under paras. (5) and (6), howeve r down to no less than 15 days prior to the deadlin e 
for candidature submission; or can not be less than  10 days in case that the announcement is sent by 
electronic means. GPA/ACC/MDA/24 
 
- 38 - 
 
   (6)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (1) may be reduced by 7 days, and 
the period set out under para. (7) may be reduced b y 5 days.  
(7)  If the contracting authority publishes in electroni c fromat the entire award documentation, 
direct and unrestricted access of the business oper ators to this documentation is ensured as of the 
publication date of the participation announcement.   
(8)  Any business operator has the right to submit its c andidature for the first stage of the 
restricted tender procedure.  
(9)  The contracting authority has the right to limit th e number of candidates to be selected to 
submit bids, provided that there is a sufficient nu mber of available candidates. When selecting the 
candidates, the contracting authority has the oblig ation to apply objective and non-discriminatory 
criteria, using only the selection criteria laid do wn in the participation announcement in this respec t.  
(10)  The contracting authority has the obligation to ind icate in the participation invitation the 
applicable selection criteria and rules, the minimu m number of candidates it intends to select and, if  
applicable, the maximum number thereof.  
(11)  The minimum number of candidates, as indicated in t he participation announcement referred 
to under para. (10), has to be sufficient to ensure  an actual competition and, in any case, it cannot be 
smaller than 5.  
(12)  The number of candidates selected after the first s tage of the restricted tender has to be at 
least equal to the minimum number indicated in the participation announcement.  
(13)  In case the number of candidates who meet the selec tion criteria is smaller than the minimum 
number indicated in the participation announcement,  the contracting authority has the obligation to 
cancel the restricted tender procedure;  
(14)  The means of performing the procurements through re stricted tender is determined in the 
regulation approved by the Government. 
 
Article 50.  Pre-qualification procedure  
 
(1)  In order to identify, prior to the submission of th e bids, the qualified business operators, the 
contracting authority runs the pre-qualification pr ocedure, with the application of the provisions of 
articles 16-25. 
(2)  In case of applying the pre-qualification procedure , the contracting authority will offer one set 
of pre-qualification documents to each business ope rator which requests such, pursuant to the invitati on 
to participation in the pre-qualification and pays for the cost of such documents. Payment will includ e 
only the costs of printing and delivering the docum ents to the business operator. The protected 
workshops, in the light of article 5 paragraph (2),  shall be offered these documents free of charge.  
(3)  The pre-qualification documents shall include: 
a) instructions regarding the preparation and submi ssion of the applications for the pre-
qualification; 
b) a brief description of the main clauses of the p rocurement contract to be concluded following 
the procurement procedures; 
c) specification of the documents the business oper ator has to submit to confirm its qualification 
data; 
d) information about the manner, place and term of submission of the applications for pre-
qualification, indicating the limit time and date f or submission; GPA/ACC/MDA/24 
 
- 39 - 
 
   e) any other requirements regarding preparation and  submission of the applications for pre-
qualification and the procedure thereof, which the contracting authority establishes in accordance wit h 
this law, with other items of law and norms and wit h the standard documentation. 
(4)  The contracting authority has the obligation to res pond to any action of the business operator 
concerning the pre-qualification documents, observi ng the terms indicated in Article 34. The response to 
any such action will be sent to all business operat ors who the contracting authority sent the pre-
qualification documents to, without indicating the originator of the action. 
(5)  The pre-qualification criteria are disclosed in the  pre-qualification documents. Only these 
criteria shall apply when evaluating the qualificat ion data of each business operator who submitted an  
application for pre-qualification.  
(6)  Once the results of the pre-qualification have been  recorded, the contracting authority 
communicates forthwith to the business operator who  submitted an application for pre-qualification the  
results thereof and sends, upon the request of any public applicant, the list of all pre-qualified bus iness 
operators. Only these business operators shall part icipate further in the procurement procedure. 
(7)  Candidates are informed pursuant to Article 30 here to. 
 
  
 
Article 51. Sending the participation invitation 
 
(1)  The contracting authority has the obligation to sen d, at the same time, also invitations to 
participate in the second stage of the restricted t ender procedure to all selected candidates.  
(2)  Invitation to the second stage of the restricted te nder of a business operator who did not 
submit a candidature in the first stage or didn’t m eet the selection criteria is forbidden.  
(3)  The invitation to participate in the second stage h as to contain at least the following 
information:  
a) references regarding the published participation  announcement;  
b) limit date and time set for submission of the bi ds;  
c) address where the bids are to be submitted;  
d) language(s) which the bid has to be drawn up in;   
e) address, date and time of opening the bids;  
f) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the first 
stage in order to prove the technical and business and financial capacity.  
(4)  If the award documentation is available directly th rough electronic means in SIA “RSAP”, 
the contracting authority has the obligation to inc lude in the participation invitation also informati on 
about the way such documentation can be accessed.  
(5)  If the upload of the award documentation in SIA “RS AP” is not possible for technical 
reasons, the contracting authority has the obligati on to send the participation invitation accompanied  
by a copy of the award documentation to all candida tes selected.  
(6)  If the estimated value of the public procurement co ntract is equal to or higher than the one set 
out under art. 3 para. (2), the contracting authori ty has the obligation to send the participation 
invitation at least 40 days before the deadline for  submission of the bids.  GPA/ACC/MDA/24 
 
- 40 - 
 
   (7)  If the contracting authority published an intent an nouncement regarding the public 
procurement contract to be awarded, it has the righ t to reduce the period set out under para. (6) down  
to, usually, 36 days, and under no circumstances do wn to less than 22 days.  
(8)  The reduction stipulated under para. (7) is allowed  in case the intent announcement contained 
all the information which are indicated for the par ticipation announcement, to the extent to which the y 
were known on the date of publishing the intent ann ouncement and were sent for publication at the 
most 12 months and at least 52 days before the date  of sending the participation announcement for 
publication.  
(9)  If the contracting authority publishes in SIA “RSAP ” the entire award documentation and 
allows, as of the publication date of the participa tion announcement, direct and unrestricted access o f 
the business operators to this documentation, then it has the right to reduce the period set out under  
para. (6) by 5 days. 
(10)  The reduction stipulated under para. (9) is permitt ed only in case the participation 
announcement contains details regarding the Interne t address where the documentation is available. 
(11)  If, for urgency reasons, the number of days indicat ed under paras. (6) and (7) and (10), as 
well as the ones resulted following application of the provisions of para. (12) cannot be observed, th e 
contracting authority has the right to accelerate a pplication of the relevant procedure, but to no les s 
than 10 days.  
(12)  If the estimated value of the public procurement co ntract is smaller than the one set out under 
art. 3 para. (2), the contracting authority has the  obligation to send the participation invitation at  least 
20 days before the deadline for submission of the b ids.  
(13)  If the contracting authority publishes in electroni c format the entire award documentation and 
allows, as of the publication date of the participa tion announcement, direct and unrestricted access o f 
the business operators to this documentation, then it has the right to reduce the period set out under  
para. (12) by 5 additional days.  
(14)  The reduction stipulated under para. (13) is permit ted only in case the participation 
announcement contains details regarding the Interne t address where the documentation is available . 
 
Section 4. Other public procurement procedures 
 
    Article 52.  Competitive dialogue  
 
(1)  The competitive dialogue is an open tender procedur e, divided into three stages, applicable to 
all highly complex procurement contracts, and in wh ose case the application of the open or restricted 
tender procedure would not allow the award of the p ublic procurement contract in question, which any 
business operator may ask to participate in and in which the contracting authority maintains a dialogu e 
with the bidders admitted in this tender in view of  developing one or several alternative solutions 
capable of meeting the needs and based on which the  selected bidders would be invited to submit their 
bids.  
(2)  A public procurement contract is deemed highly comp lex in case the contracting authority is 
not able to: 
  a) define, for objective reasons, the technical m eans which can meet its needs and objectives, 
and/or 
b) determine, for objective reasons, the legal and financial nature of a project. GPA/ACC/MDA/24 
 
- 41 - 
 
   (3)  If the public procurement contract is awarded by ap plying the competitive dialogue 
procedure, the award criterion employed shall be on ly the bid which is technically and economically 
most advantageous. 
(4)  The competitive dialogue procedure is divided into three stages:  
a) the stage of preselecting the candidates;  
b) the stage of dialogue with the candidates admitt ed following the pre-qualification, to identify 
the solution(s) able to meet the needs of the contr acting authority and based on which the candidates 
would draw up and submit the final bid;  
c) the stage of evaluating the final bids submitted .  
(5)  The competitive dialogue is initiated by sending a participation announcement for 
publication, asking the interested business operato rs to submit candidatures.  
(6)  If the estimated value of the public procurement co ntract is equal or smaller than the one set 
out under art. 2 para. (3), the period of time betw een the date when the participation announcement 
was sent for publication in the Public Procurements  Bulletin and the deadline for submission of 
candidatures, shall be at least 20 days. 
(7)  If the estimated value of the public procurement co ntract is equal to or higher than the one set 
out under art. 2 para. (3), the period between the date of sending the participation announcement for 
publication in the Public Procurements Bulletin and  in the Official Journal of the European Union and 
the deadline for submission of the candidatures has  to be of at least 37 days.  
(8)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (7) may be reduced by 7 days.  
(9)  Any business operator has the right to submit its c andidature for the first stage of the 
competitive dialogue procedure.  
(10)  In the pre-qualification of the candidates, the con tracting authority has the obligation to apply 
objective and non-discriminatory criteria, using on ly the pre-qualification criteria laid down in the 
participation announcement in this respect.  
(11)  The contracting authority has the obligation to ind icate in the participation announcement the 
applicable pre-qualification criteria and rules, th e minimum number of candidates it intends to pre-
qualify and, if applicable, the maximum number ther eof.  
(12)  The minimum number of candidates, as indicated in t he participation announcement referred 
to under para. (11), has to be sufficient to ensure  an actual competition and, in any case, it cannot be 
smaller than 3.  
(13)  The number of candidates admitted in the second sta ge of the competitive dialogue has to be 
at least equal to the minimum number indicated in t he participation announcement.  
(14)  In case the number of candidates who meet the pre-q ualification criteria is smaller than the 
minimum number indicated in the participation annou ncement, the contracting authority has the right 
to:  
a) either cancel the competitive dialogue procedure ;  
b) or to continue with the competitive dialogue pro cedure only with that/those candidate(s) 
who meet(s) the requested criteria.  
(15)  The contracting authority has the obligation to sen d, at the same time, also invitation to 
participate in the second stage of the competitive dialogue procedure to all admitted candidates. The 
invitation addressed to candidates shall comprise:  
a)  either a copy from the technical specifications or from the descriptive document and 
any other additional document; GPA/ACC/MDA/24 
 
- 42 - 
 
   b)  or a reference for accessing the technical specific ation and other documents , specified 
under letter a), provided those are directly availa ble in electronic format  
(16)  Invitation to the second stage of the competitive d ialogue of a business operator who did not 
submit a candidature in the first stage or didn’t m eet the pre-qualification criteria is forbidden.  
(17)  The invitation to participate has to contain at lea st the following information:  
a) references regarding the published participation  announcement;  
b) the address of the venue of the competitive dial ogue, as well as the time and date of 
launching it;  
c) the language(s) of the dialogue;  
d) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the first 
stage in order to prove the technical and business and financial capacity. 
(18)  The contracting authority has the obligation to sen d the participation invitation accompanied 
by a copy of the award documentation, which will in clude also the descriptive documentation.  
(19)  If the award documentation is available directly th rough electronic means, the contracting 
authority has the obligation to include in the part icipation invitation information about the way such  
documentation can be accessed.  
(20)  The contracting authority has the obligation to inc lude in the descriptive documentation at 
least a description of the needs, objectives and co nstraints of the contracting authority, based on wh ich 
the competitive dialogue will be carried out to ide ntify reliable solutions, as well as, if the case, the 
bonuses to be awarded to the participants in the di alogue.  
(21)  The contracting authority has the right to provide in the descriptive documentation the 
possibility of running the dialogue in successive r ounds, for the purpose of reducing the number of 
solutions discussed. Successive reduction of the so lutions discussed is done only based on the 
evaluation factors which were established in the aw ard documentation.  
(22)  The contracting authority carries out the dialogue with every individual admitted candidate. 
This dialogue features discussion of the options re garding the technical aspects, financial assemblage s, 
means of solving certain problems in connection wit h the legal framework, as well as any other 
elements of the future contract, so that the soluti ons identified would meet the objective needs of th e 
contracting authority.  
(23)  During the dialogue, the contracting authority has the obligation to procure application of the 
principle of equal treatment to all participants. T o this end, the contracting authority does not have  the 
right to supply information in a discriminatory man ner, which is liable to create an additional 
advantage for one or several participants against t he other ones.  
(24)  The contracting authority has the obligation not to  disclose, without the content of the 
participant in question, the proposed solution and other confidential information presented by the 
latter.  
(25)  The contracting authority carries out the dialogue until it identifies the solution(s) which 
is/are appropriate for its objective needs.  
(26)  Once it has declared the dialogue stage closed and informed the participants thereof, the 
contracting authority has the obligation to invite the selected participants to submit a final bid, wh ich 
bid is drawn up based on the solution(s) identified  in this stage and has to contain all the necessary  
elements supporting the performance of the future c ontract.  GPA/ACC/MDA/24 
 
- 43 - 
 
   (27)  The contracting authority has the obligation to sen d the invitation to submit the final bid with 
a sufficient number of days in advance of the deadl ine for submission of the bids, so that every 
selected participant is allowed a reasonable period  to compile the final bid. 
(28)  The period allowed for drawing up of the final bid shall not be shorter than the minimum 
period agreed upon with the participants selected d uring the second stage of the competitive dialogue 
procedure, but under no circumstances shorter than 15 days. 
(29)  The invitation to submit the final bid has to conta in at least the following information:  
a) references regarding the published participation  announcement;  
b) limit date and time set for submission of the bi ds;  
c) address where the bids are to be submitted;  
d) language(s) which the bid has to be drawn up in;   
e) address, date and time of opening the bids;  
f)  technical specifications, drafted based on a di alogue;  
g) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the first 
stage in order to prove the technical and business and financial capacity.  
(30)  During the evaluation stage, the contracting author ity has the right to ask for clarifications in 
respect of the bid. Evaluation of the bids is done based on the criteria laid down in the award 
documentation.  
(31)  The contracting authority has the right to ask the bidder identified as having submitted the bid 
which was economically most advantageous to reconfi rm certain items of the bid or certain 
commitments undertaken by it under such bid.  
(32)  In any of the cases provided in paras. (30) and (31 ), the clarifications, additional information 
or reconfirmations presented shall not make any ame ndments to the basic features of the bid or the 
solutions which underlie the launch of the invitati on to submit the final bids, liable to distort the 
competition or create an additional advantage again st the other bidders. 
(33)  The means of performing the procurements through co mpetitive dialogue is determined in the 
regulation approved by the Government 
 
    Article 53. Negotiated procedures 
 
(1) The contracting authorities may award public pr ocurement contracts under a negotiated 
procedure, after publication of a participation ann ouncement: 
     a) in case of submitting an incorrect or unacc eptable bid under an open or restricted procedure, 
request for quotations or competitive dialogue, unl ess the initial conditions of the contract are 
materially modified. The contracting authorities ar e entitled not to publish a participation 
announcement if they include in the negotiated proc edure all the bidders or only the bidders who meet 
the qualitative selection criteria and presented, i n the previous open or restricted procedure or 
competitive dialogue, bids compliant with the forma l requirements of the award procedure; 
Application of the negotiation procedure in this ca se is possible only once the initial open tender, 
restricted tender, competitive dialogue or request for quotations procedure has been cancelled. 
    b) in exceptional cases, technically grounded, if involving goods, works or services whose 
nature or risks do not allow prior and final pricin g; 
     c) in the area of services, including intellec tual ones, such as design of works, to the extent t o 
which, due to the nature of the services to be rend ered, the specifications of the contract cannot be GPA/ACC/MDA/24 
 
- 44 - 
 
   determined with sufficient accuracy to allow the aw ard of the contract by selecting the bid pursuant t o 
the rules regarding the open or restricted procedur e; 
     d) in case of public procurement contracts for  works executed or services rendered exclusively 
for the purpose of research and development or expe rimentation and not to secure a profit or cover for  
the research and development costs. 
(2) In the cases indicated under para. (1), in orde r to identify the bid which is most advantageous, 
the contracting authorities negotiate with the bidd ers the bids they submitted in order to adapt such to 
the requirements set out in the participation annou ncement, the tender specifications and potential 
additional documents. 
(3) In the case under para. (1), letter a), the con tracting authority has the right to decide on the 
inclusion of a final stage of electronic tender, in  which case it has the obligation to announce this 
decision in the participation announcement and in t he descriptive documentation.  
(4) The negotiation with prior publication of a par ticipation announcement is initiated by sending 
a participation announcement for publication, askin g the interested business operators to submit 
candidatures.  
(5) The contracting authority has the obligation to  submit the announcement for publication in 
the Public Procurement Bulletin at least 20 days pr ior to the deadline for submission of candidatures.  
(6) If the estimated value of the public procuremen t contract is equal to or higher than the one set 
out under art. 2 para. (3), the period between the date of sending the participation announcement for 
publication in the Official Journal of the European  Union and the deadline for submission of the 
candidatures has to be of at least 37 days.  
(7) If, for urgency reasons, the number of days sti pulated under para. (5) cannot be observed, the 
contracting authority has the right to accelerate t he application of the procedure by reducing the per iod 
set out under para. (5), however down to no less th an 15 days.  
(8) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (5) may be reduced by 7 days, and 
the period set out under para. (6) may be reduced b y 5 days.  
(9)  Any interested business operator is entitled t o request and obtain a copy of the 
descriptive/award documentation.  
(10) The contracting authority has the obligation t o make the descriptive documentation available 
to the business operator as soon as possible, withi n a term which will not exceed 2 days since the 
receipt of the request from the latter.  
(11) The descriptive documentation shall contain a description of the needs, objective and 
constraints of the contracting authority, based on which the negotiations shall be carried out.  
(12) Any business operator has the right to submit its candidature to participate in the negotiation 
procedure with prior publication of a participation  announcement.  
(13) In the pre-qualification of the candidates, th e contracting authority has the obligation to apply  
objective and non-discriminatory criteria, using on ly the pre-qualification criteria laid down in the 
participation announcement in this respect.  
(14) The contracting authority has the obligation t o indicate in the participation announcement the 
applicable pre-qualification criteria and rules, th e minimum number of candidates it intends to pre-
qualify and, if applicable, the maximum number ther eof.  
(15) The minimum number of candidates, as indicated  in the participation announcement referred 
to under para. (14), has to be sufficient to ensure  an actual competition and, in any case, it cannot be 
smaller than 3.  GPA/ACC/MDA/24 
 
- 45 - 
 
   (16) The number of preselected candidates has to be  at least equal to the minimum number 
indicated in the participation announcement.  
(17) 
 In case that the number of candidates who meet the  pre-qualification criteria is smaller than 
the minimum number indicated in the participation a nnouncement, the contracting authority has the 
obligation to cancel the procedure concerning negot iation with prior publication of a participation 
announcement.  
(18) The contracting authority has the obligation t o send, at the same time, invitation to participate  
in the second stage of the procedure concerning neg otiation with prior publication of a participation 
announcement to all preselected candidates. The inv itation addressed to candidates shall comprise:  
a)  either a copy from the technical specifications or from the descriptive document and 
any other additional document; 
b)  or a reference for accessing the technical specific ation and other documents , specified 
under letter a), provided those are directly availa ble in electronic format  
(19) Invitation to the second stage of the negotiat ion procedure of a business operator who did not 
submit a candidature in the first stage or didn’t m eet the pre-qualification criteria is forbidden.  
(20) The invitation to participate has to contain a t least the following information:  
a) references regarding the published participation  announcement;  
b) the address of the venue negotiations shall take  place, as well as the time and date of 
launching them;  
c) the language(s) of the negotiations;  
d) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the first 
stage in order to prove the technical and business and financial capacity.  
e) detailed and complete information regarding the award criterion applied to determine the 
winning bid, pursuant to the provisions of article 26.  
(21) Any interested candidate is entitled to reques t clarifications regarding the descriptive 
documentation.  
(22)The contracting authority shall respond in a cl ear, complete and unambiguous manner, at the 
shortest time possible, to any requested clarificat ion, pursuant to the provisions of Article 34. 
(23) The contracting authority has the obligation t o send the responses, accompanied by the 
relevant questions, to all selected candidates, tak ing measures not to disclose the identity of that w ho 
requested such clarifications.  
(24) The contracting authority negotiates individua lly with each preselected applicant. The 
negotiations are aimed at determining all technical , financial and legal aspects of the future contrac t.        
(25) During the negotiations, the contracting autho rity has the obligation to procure application of 
the principle of equal treatment to all candidates.  To this end, the contracting authority does not ha ve 
the right to supply information in a discriminatory  manner, which is liable to create an additional 
advantage for one or several candidates against the  other ones.  
(26) The contracting authority has the obligation n ot to disclose, without the content of the 
candidate in question, the proposed bid or other co nfidential information presented by the latter.  
(27) The contracting authority has the right to pro vide in the descriptive documentation the 
possibility of running the negotiations in successi ve rounds, for the purpose of reducing the number o f 
bid proposals subject to negotiation. Successive re duction of the bid proposals is done only based on 
the evaluation factors which were established in th e award documentation.  GPA/ACC/MDA/24 
 
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   (28) The contracting authority carries out the nego tiations until the winning bid is identified and 
determined, should the award be possible. 
(29) The means of performing the procurements throu gh negotiation with publication of an 
announcement is determined in the regulation approv ed by the Government 
 
    Article 54. Negotiation without publication of a participation announcement 
 
(1)  In case of public procurement contracts for goods, services and works, the contracting 
authority makes acquisitions through negotiation wi thout publication of a participation announcement, 
if:  
a) no bid or no adequate bid or no candidature has been submitted in response to an open or 
restricted tender, as long as the initial condition s of the contract have not been modified 
substantially;   
     b) to the extent to which it is strictly neces sary, for maximum urgency reasons, as a result of 
certain events the contracting authority in questio n could not foresee, the terms for the open procedu re 
or the procedure concerning negotiation with public ation of a participation announcement cannot be 
met. The situations relied on to justify maximum ur gency should not be imputed to the contracting 
authorities; the contracting authority does not have the right t o set the contract term for a period longer 
than the necessary one in order to cope with the ur gency which determined the application of the proce dure 
concerning negotiation without prior publication of  a participation announcement. 
     c) for technical, creation reasons, regarding the protection of the exclusive rights or for other  
objective reasons, when the necessary goods, works and services are available to one single business 
operator or one single business operator has priori ty rights thereof and there is no other alternative . 
(2)  In case of public procurement contracts for goods, the contracting authority makes 
acquisitions through negotiation without publicatio n of a participation announcement, if: 
     a) such goods are produced only for the purpos e of research and development or 
experimentation; This provision does not apply to t he quantitative production aimed at determining the  
commercial viability of the product or depreciate t he costs of research and development; 
     b) the public procurement contract regards add itional deliveries made by the initial suppliers, 
aimed either at the partial replacement of the good s or current use systems, or at the expansion of th e 
existing goods or system, should replacement of the  supplier force the contracting authority to acquir e 
a technical material with different features, leadi ng to the incompatibility or out-of-proportion 
technical difficulties in respect of use and mainte nance; as a general rule, the duration of such 
contracts, as well as the one of the renewed contra ct cannot exceed 3 years; 
     c) the goods to be acquire are listed and boug ht on a raw materials exchange; 
     d) the public procurement contract regards the  acquisition of goods under highly advantageous 
conditions, from a supplier which finally terminate s its business operations, or from a receiver in 
bankruptcy, or under a plan procedure or any other similar procedure, on the grounds of the domestic 
legislation. 
(3)  In case of public procurement contracts for service s, the contracting authority makes 
acquisitions through negotiation without publicatio n of a participation announcement if the contract i n 
question is the result of a competition of solution s and, pursuant to the applicable rules, it has to be 
awarded to a winner or to one of the winners of the  competition of solutions. In this last case, all t he 
winners of the competition shall be invited to part icipate in the negotiations. GPA/ACC/MDA/24 
 
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   (4)  In case of public procurement contracts for works a nd services, the contracting authority 
makes acquisitions through negotiation without publ ication of a participation announcement: 
     a) for the additional works or services which are included neither in the initial estimated proje ct 
nor in the initial contract and have become necessa ry for the execution of the works or provision of t he 
services indicated therein, as a result of an unfor eseen situation, provided that the contract is awar ded 
to the business operator who executes the respectiv e work or renders the respective service: 
         b) if the respective additional works or s ervices cannot be separated, technically or economi cally, 
from the subject matter of the initial contract wit hout creating a major inconvenient for the contract ing 
authorities; or 
           c)if the respective works or services, e ven if they can be separated from the subject matte r of 
the initial contract, are strictly necessary for th e finalization thereof. The aggregate value of the 
contracts awarded for additional works or services should account for more than 30% of the value of 
the initial contract; 
    d) for new works and services, consisting in th e repetition of similar works or services 
entrusted by the same contracting authorities to th e business operator who won the initial contract, 
provided that the respective works or services are compliant with a basic project and used to be the 
subject matter of an initial contract awarded under  an open or restricted procedure or under a request  
for quotations; 
(5)  The possibility to apply the situations indicated u nder para.(4) letter b) is announced at the 
same time with the launch of the invitation to part icipate in the first project, and the contracting 
authorities shall consider the total value estimate d for the continuation of the works or services. Th e 
situations specified under paras.(1)-(4) can be app lied only in a 3-year period since the date when th e 
initial contract came to an end. 
(6)  In the situations stipulated under para. 2 letters a) and c), if such is possible, the contracting 
authority has the obligation to invite to negotiati ons a number of business operator, sufficient to en sure a 
real competition. 
(7)  The means of performing the procurements through ne gotiation without publication of an 
announcement is determined in the regulation approv ed by the Government. 
 
    Article 55. The request for quotations 
 
    (1) The contracting authority, through the requ est for quotations, may award public procurement 
contracts for goods, works or services, which are p resented in accordance with certain actual 
specifications, provided that the estimate value of  the procurement would not exceed lei 400,000 for 
goods and services and lei 1,500,000 for works.  
    (2) The contracting authority may determine, be side the price, also other requirements, to be take n 
into consideration in evaluation of the price offer s. In this case, the requests for quotations shall 
indicate each such requirement and a relative value  thereof.  
    (3) Each business operator may submit one singl e price offer, without having the right to change i t. 
No negations shall be carried out on such offer bet ween the contracting authority and the bidder.(4) 
The bid which meets all the requirements for the lo west price will be declared winner.  
    (5) In case of an acquisition of goods and serv ices whose estimated value exceeds lei 100,000 and 
an acquisition of works whose value exceeds lei 150 ,000, the contracting authority publishes in 
advance a participation announcement in the Public Procurement Bulletin and on the Agency’s 
website. GPA/ACC/MDA/24 
 
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       (6) In case of procedures through the request f or quotations, the term for submission and receipt of 
the bids will be at least 7 calendar days for goods  and 12 calendar days for works and services, both 
since the date of sending the participation invitat ion 
     (7) The means of performing the acquisition th rough the request for quotations is determined in t he 
regulation approved by the Government. 
       
    Article 56. Competition of solutions  
 
(1)   The contracting authority has the right to organiz e a competition of solutions, namely a 
special procedure whereby it acquires, in particula r in the field of land improvement, urban planning 
and landscaping, architecture or data processing, a  plan or a project, by selecting such on a competit ive 
bases through a jury, with or without prize giving.  
(2)   The contracting authority has the right to organiz e a competition of solutions, as described 
under para. (1), as an independent procedure, in wh ich competitors can get prizes and/or participation  
bonuses, or as part of another procedure which lead s to the award of a services contract. 
(3)   The contracting authority has the obligation to in dicate in the competition documentation any 
information, requirement, rule, criterion or simila r, which are necessary to ensure complete and 
accurate information of the potential competitors r egarding the application of the competition of 
solutions.  
(4)   The competition documentation shall contain at lea st:  
a) general information regarding the contracting au thority;  
b) instructions regarding the deadlines to be met a nd formalities to be performed in connection 
with the participation in the competition;  
c) the minimum qualification requirements the contr acting authority decided to request, as well 
as the documents to be submitted by the competitors  to prove the respective requirements are met;  
d) the set of requirements based on which the compe titors would draw up and submit the 
project;  
e) the amount of the prizes to be awarded, in case the competition is organized as an 
independent procedure;  
f) the commitment of the contracting authority to t he execution of the services contract with the 
winner or one of the winners of the respective comp etition, in case the competition is organized as pa rt 
of another procedure for the award of the services contract;  
g) detailed and complete information regarding the criterion applied to determine the winning 
project(s). 
(5)  The competition of solutions is initiated by public ation in the Public Procurement Bulletin of 
a participation announcement for publication, askin g the interested business operators to submit 
projects. The announcement shall include at least t he information provided in appendix no. 3D.  
(6)   The number of days between the publication date of  the participation announcement and the 
date of submitting the project shall be set so that  business operators are allowed a reasonable period  to 
compile them, but not less than 20 days.  
(7)   Notwithstanding the provisions of para. (6), the c ontracting authority has the obligation to 
send the participation announcement for publication  also to the Official Journal of the European Union  
at least 52 days before the deadline for submission  of the projects, in cases when the estimated value  
of procurements is equal or higher than the one sti pulated under article 2 para (3). GPA/ACC/MDA/24 
 
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   (8)   The contracting authority has the obligation to ta ke all reasonable actions for the exchanges 
of messages, communication and filing of the inform ation are done in such a manner that ensures full 
integrity and confidentiality of all the informatio n communicated by the competitors. 
(9)   The content of the plans or projects submitted sha ll remain confidential at least until the date 
set for the opening thereof, and the jury will lear n of the content of the respective projects only af ter 
such date. 
In case the contracting authority requests for the projects to be sent through electronic means, the 
conditions of article 32 shall apply accordingly. 
(10)   The contracting authority has the obligation to ta ke all reasonable actions for the exchanges 
of messages, communication and filing of the inform ation are done in such a manner that ensures full 
integrity and confidentiality of all the informatio n communicated by the competitors.  
(11)   The content of the plans or projects submitted sha ll remain confidential at least until the date 
set for the opening thereof, and the jury will lear n of the content of the respective projects only af ter 
such date.  
(12)   The contracting authority has the right to make a preliminary selection of the competitors, 
using clear, objective and non-discriminatory crite ria in this respect, which have to be explicitly 
indicated in the competition documentation.  
(13)   The number of competitors selected has to be suffi cient to ensure a real competition.  
(14)   For the purpose of evaluating the projects submitt ed in a competition of solutions, the 
contracting authority has the obligation to appoint  a jury formed of at least 3 members, independent 
from the competitors, with relevant background and experience in the field, as well as recognized 
moral probity.  
(15)   In case of the competitors who were requested a ce rtain professional skilling, then at least 
one third of the number of jury’s members have to m aster the same skilling or equivalent. 
(16)   The projects shall be submitted anonymously and su ch anonymity will be preserved until the 
time when the jury makes a decision or forms an opi nion.  
(17)   The jury is autonomous in the decisions made and o pinions issued.  
(18)   The jury has the obligation to evaluate the projec ts submitted exclusively based on the 
evaluation criteria indicated in the competition an nouncement.  
(19)   The jury has the obligation to draw up a report, s igned by all its members, containing the 
qualitative evaluation of each project, specific re marks, as well as, if applicable, the list of issue s to be 
addressed.  
(20)   The jury has the right to invite competitors to re spond to the issues documented in the report 
referred to under para. (19), in view of clarifying  any aspects in connection with the proposed 
solution/project.  
(21)   The jury has the obligation to draw up complete mi nutes of the discussions held pursuant to 
the provisions of para. (20). 
 
    Article 57. Procurement in case of plans for construction of so cial houses 
 
    (1) In case of public procurement contracts reg arding the design and construction of a set of soci al 
houses whose size, complexity and estimate duration  of the works impose that planning would be 
based, from the very beginning, on a strict coopera tion within a task force formed of representatives of 
the contracting authorities, experts and the constr uctor of the works, which would be responsible for GPA/ACC/MDA/24 
 
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   the execution of the works, a special award procedu re may be applied, which ensures that the most 
appropriate constructor is selected to be integrate d into this group. 
    (2) The contracting authorities include, as a b inding obligation, in the participation announcemen t 
the most accurate description possible of the works  to allow the constructors of the works to fairly 
appreciate the project to be developed, as well the  qualitative and organizations selection criteria, the 
economic, social, legal, financial, technical and p ersonnel related conditions all the bidders must me et. 
     
 
Section 5. Special means of awarding public procure ment contracts 
 
Article 58.  The framework agreement 
 
(1)  The framework agreement represents an agreement exe cuted between one or several 
contracting authorities and one or several business  operators, whose purpose is to lay down the 
conditions for the contracts to be awarded during a  limited period of time, in particular the prices, and, 
as the case may be, the quantities envisaged. 
(2)  When executing a framework agreement, the contracti ng authorities comply with the 
provisions of this law in all the stages, until the  award of the contracts relying in the respective 
framework agreement.  
(3)  The contracts relying on a framework agreement are awarded in accordance with the 
provisions of this law and with the regulation appr oved by the Government. 
(4)  The contracting authority has the obligation to exe cute the framework agreement usually by 
applying the open tender or restricted tender proce dures.  
(5)  By exception from the provisions of para. (4), for execution of a framework agreement, the 
contracting authority has the right to apply the ot her procedures only under the specific circumstance s 
provided for by this law. 
(6)  The contracting authority does not have the right t o abuse of or misuse the framework 
agreements, so that to impair on, limit or distort competition.  
(7)  The contracting authority does not have the right t o decide that the term of a framework 
agreement exceeds 4 years, unless in exceptional ca ses which it can justify, in particular with the 
specific subject matter of the contracts to be awar ded under the respective framework agreement.  
(8)  The contracts which are awarded under a framework a greement cannot be executed but 
between the contracting authority/authorities and t he business operator(s) who are party to that 
agreement.  
(9)  When awarding a public procurement contract based o n the provisions of a framework 
agreement, the contracting authority does not have the right to impose or accept material amendments 
of the items/conditions initially set under the res pective framework agreement. 
(10)  If the contracting authority executes a framework a greement with one single business operator, 
then the relevant agreement has to provide at least  for the following:  
a) the obligations the business operator assumed un der the technical proposal;  
b) the unit price the business operator indicated i n the financial proposal and based on which the 
price of each subsequent contract will be determine d.  
(11)  The contracting authority has the obligation to awa rd the public procurement contracts 
subsequent to the framework agreement only in obser vance of the technical and financial conditions 
laid down in the respective framework agreement.  GPA/ACC/MDA/24 
 
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   (12)  Any time it intends to award a public procurement c ontracts subsequent to a framework 
agreement, the contracting authority has the obliga tion to consult, in writing, with the business 
operator, asking the latter, as the case may be, to  complete the bid.  
(13)  If the contracting authority concludes a framework agreement with several business operators, 
the number thereof cannot be smaller than 3, to the  extent to which there is a sufficient number of 
business operators who met the qualification and se lection criteria and submitted admissible bids. 
(14)  In case the number of business operators who meet t he selection and qualification criteria and 
submitted admissible bids is smaller than the minim um number indicated in the participation 
announcement/invitation, the contracting authority has the obligation to cancel the award procedure 
for execution of the framework agreement;  
(15)  If the contracting authority executes a framework a greement with several business operators, 
then the relevant agreement has to provide at least  for the following:  
a) the obligations each business operator assumed u nder the technical proposal;  
b) the unit price each business operator indicated in the financial proposal.  
(16)  The contracting authority has the right to award pu blic procurement contracts subsequent to a 
framework agreement executed with several business operators:  
a) either without resuming the competition;  
b) or by resuming the competition between the busin ess operators who signed the framework 
agreement.  
(17)  The contracting authority has the right to award pu blic procurement contracts subject to the 
conditions laid down under para. (16) letter a) onl y provided that all the items/conditions which shal l 
govern the respective contracts were laid down in t he framework agreement.  
(18)  The contracting authority has the right to award pu blic procurement contracts subject to the 
conditions laid down under para. (16) letter b):  
a) either observing the items/conditions laid down in the framework agreement;  
b) or, if not all the items/conditions were clearly  indicated in the framework agreement, by detailing  
them or using, if deemed necessary, other items/con ditions indicated in the tender specifications draw n 
up for the execution of the respective framework ag reement.  
(19)  In the case under para. (18) letter b), the contrac ting authority has the obligation to resume 
competition observing the following procedure:  
a) for each contract to be awarded, the contracting  authority consults in writing the business operato rs 
who signed the respective framework agreement;  
b) the contracting authority sets a sufficient dead line for submission of the bids, having the obligat ion 
to take into account certain aspects, such as the c omplexity of the subject matter and the time needed  
to submit the bid; 
c) the bids are submitted in writing and their cont ent remains confidential until the expiration of th e 
deadline set for their opening;  
d) the contracting authority awards each contract t o the bidder who submitted the most advantageous 
bid in accordance with the award criterion indicate d in the documentation underlying the signing of 
the framework agreement . 
 
 
 
 GPA/ACC/MDA/24 
 
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Article 59 . The dynamic procurement system; 
 
(1) The dynamic procurement system is a fully elect ronic process for the acquisition of consumer 
goods whose characteristics, which are generally av ailable on the market, meet the requirements of the  
contracting authority. The dynamic procurement syst em is limited in time and open for the entire 
period to any business operator who meets the selec tion criteria and submits an indicative bid, 
pursuant to the requirements.  
(2) In order to put in place a dynamic procurement system, the contracting authorities meet the 
requirements regarding the open tender during all t he stages thereof, until the award of the contracts  
under the respective system. All the bidders who me et the selection criteria and submit an indicative 
bid which is compliant with the tender specificatio ns and with the potential additional documents are 
invited to and admitted in the system. The indicati ve bids may be upgraded at all times, provided that  
they remain complaint with the tender specification s. 
(3) For the purpose of putting the dynamic system o f procurement in place, the contracting 
authorities: 
     a) publish a participation announcement in whi ch they indicate that the award of the contract 
takes place in a dynamic procurement system, as wel l as the Internet address where the award 
documentation is available; 
     b) detail, in the tender specifications, among  other, the nature of the estimated procurements 
covered by the system in question, as well as all t he necessary information about the system of 
procurement, the electronic equipment used, technic al connection arrangements and specifications; 
     c) offer, through electronic means, since the publication of the announcement and until the 
expiry of the application term of the system, free,  direct and complete access to the tender 
specifications and to all additional documents and indicate in the announcement the Internet address 
where the respective documents can be consulted. 
(4) For the purpose of launching the dynamic system  of procurements and awarding the public 
procurement contracts in this system, the contracti ng authority has the obligation to use only electro nic 
means, complying also with the provisions regarding  the rules set for the communication and 
submission of the bids. 
(5) After the launch of the dynamic system of procu rement and during the entire existence term 
thereof, the contracting authority has the obligati on to allow any interested business operator to sub mit 
an indicative bid, for the purpose of being admitte d to the system 
(6) After the receipt of an indicative bid, the con tracting authority has the obligation to check 
whether the bidder meets the qualification criteria  set and the technical proposal submitted matches t he 
requirements in the tender specifications 
(7)The contracting authority has the obligation to complete the checks under para. (6) within 
maximum 15 days since the receipt of an indicative bid. Nevertheless, it can extend the evaluation 
period, under the condition that no invitation of p articipation shall be issued in the meantime. 
(8) Immediately after the finalization of the check s under para. (7), the contracting authority has 
the obligation to inform the bidder of its admissio n to the dynamic procurement system or, as the case  
may be, on the decision to reject the indicative bi d. 
(9) For the purpose of awarding the public procurem ent contracts through the dynamic system of 
public procurement, the contracting authority has t he obligation to publish, for each individual GPA/ACC/MDA/24 
 
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   contract, a new simplified participation announceme nt, whereby all interested business operators are 
invited to submit indicative bids.  
(10) The contracting authority has the obligation t o set a deadline for submission of the indicative 
bids which, by reference to the publication date of  the simplified participation announcement set out 
under para. (9), should not exceed 15 days from the  date of sending of the simplified announcement. 
(11) The contracting authority has the obligation t o invite all bidders admitted to the dynamic 
procurement system to submit a firm bid for the pub lic procurement contract to be awarded, setting 
also a submission deadline in this respect.  
(12) The contracting authority has the right to inv ite the bidders to submit indicative bids only once  
it has completed the checks in respect of all the i ndicative bids submitted within the legal term.  
(13) The contracting authority has the obligation t o award the public procurement contract to the 
bidder which submits the most advantageous firm bid , based on applying the award criteria laid down 
in the participation announcement published upon th e launch of the dynamic procurement system.  
(14) The contracting authority does not have the ri ght to abuse of or misuse the dynamic 
procurement system, so that to impair on, limit or distort competition.   
(15) Charging the interested business operators or the participants in the dynamic procurement 
system any fees is forbidden. 
(16) The contracting authority does not have the ri ght to decide that the term of a dynamic 
procurement system exceeds 4 years, unless in excep tional cases, thoroughly grounded. 
(17) The contracting authorities may apply the dyna mic procurement system to award the public 
procurement contract subject to the conditions of t his law and pursuant to the means laid down in the 
regulation approved by the Government.  
 
 
Article 60. The electronic tender 
 
(1) The electronic tender is a repetitive process w hich implies an electronic means of presentation, 
in descending order, of the new prices and/or new v alues regarding certain elements of the bids which 
occur after a first complete assessment of the bids , allowing the ranking thereof based on certain 
automated assessment methods. Certain services or w orks contracts whose purpose is intellectual 
activities, such as the design of works, cannot fal l into the scope of the electronic tenders. 
(2) The contracting authorities may use the electro nic tenders to award the public procurement 
contract subject to the conditions of this law and pursuant to the means laid down in the regulation 
approved by the Government. 
(3) The contracting authority has the right to use the electronic tender in the following situations:  
a) as a final stage of the open tender, restricted tender, negotiation with prior publication of a 
participation announcement or request for quotation s, prior to awarding the public procurement 
contract and only if the technical specifications w ere accurately defined in the tender specifications ;  
b) when resuming the competition between the busine ss operators who signed a framework 
agreement;  
c) upon submission of firm offers in view of awardi ng a public procurement contract using a 
dynamic procurement system.  
(4)The contracting authority has the obligation to announce the decision to use the electronic 
tender on the participation announcement and in the  award documentation.  GPA/ACC/MDA/24 
 
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   (5) The contracting authority does not have the rig ht to abuse of or misuse the electronic tender so 
that:  
a) to impair on, limit or distort competition;  
b) modify the subject matter of the public procurem ent contract as stipulated in the 
participation announcement and in the award documen tation.  
(6) When intending to use the electronic tender, th e contracting authority has the obligation to 
include, in the information and instructions referr ed to under art. 38 para (1), also the following 
specific details:  
a) the elements of the bids to be subject to the re petitive bidding process, provided that such 
elements are quantifiable and can be expressed in f igures or percentages;  
b) potential limits of the values up to which the e lements under letter a) can be upgraded, as 
resulting from the specifications which define the subject matter of the contract;  
c) the information to be made available to the bidd er during the electronic tender and the 
moment when such information becomes available;  
d) relevant information regarding the electronic te nder process;  
e) conditions under which the bidder shall have the  right to bid, with references in particular to 
the minimum differences which, if applicable, shall  be requested for bidding the new bids;  
f) relevant information about the technical equipme nt used, technical conditions and specific 
means of connection.  
(7) Prior to launching an electronic tender, the co ntracting authority has the obligation to perform 
a full initial evaluation of the bids, in accordanc e with the established award criterion. 
(8) The contracting authority has the obligation to  ask all the bidders who submitted compliant 
bids to present new prices and/or, as the case may be, new values of the bid’s elements. The invitatio n 
is sent electronically, at the same time to all suc h bidders. 
(9) The invitation has to indicate the starting dat e and time of the electronic tender, as well as any  
other information which is necessary for the indivi dual connection to the electronic equipment used. 
(10) The contracting authority does not have the ri ght to commence the electronic tender sooner 
than 2 business days since the date when the invita tions were sent. 
(11) In case the contract is to be awarded based on  the criterion “the bid which is economically 
most advantageous”, the invitation has to contain a lso information regarding:  
a) the result of the first evaluation of the bid su bmitted by the receiving bidder;  
b) the mathematical formula to be used to automatic ally determine the final ranking, based on 
the new prices and/or the new values submitted by t he bidders. The mathematical formula used 
embeds the weights of the evaluation factors to be applied to determine the bid which is economically 
most advantageous, in accordance with the details i n the participation announcement or in the award 
documentation.  
(12) In the electronic tender, the repetitive biddi ng process regards:  
a) either only prices, in case the award criterion is the lowest price;  
b) or prices and/or other elements of the bid, as p rovided in the award documentation, in case 
the award criterion is the bid which is technically  and economically most advantageous.  
(13) The electronic tender is performed in several successive rounds. 
(14) During each round of the electronic tender, th e contracting authority has the obligation to 
communicate, at the same time, to all the bidders a t least the information they need to identify, at a ny 
time, their position in the classification. The con tracting authority has the right to communicate als o 
other information regarding:  GPA/ACC/MDA/24 
 
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   a) the number of participants in the respective rou nd of the electronic tender;  
c) new prices or values submitted in the tendering round by other bidders, only provided that 
such possibility was laid down in the award documen tation.  
(15) During the performance of tendering rounds, th e contracting authority has the right to disclose 
the identity of the bidders. 
(16) The electronic tender concludes with any of th e following situations or a combination thereof: 
a) at a price moment defined in advance and communi cated to the bidders in the participation 
invitation; 
b) after a certain number of tendering rounds whose  performance schedule was accurately 
defined in advance and communicated to the bidders in the participation invitation; 
    c) when no other new prices and/or values meeti ng the requirements concerning the imposed 
minimum differences are received; in this case, the  participation invitation has to indicate a deadlin e 
which will start running as of the receipt of the l ast bid and until the finalization of the electroni c 
tender. 
(17) The contracting authority has the obligation t o award public procurement contract subject to 
the conditions laid down under at. 68, based on the  result obtained following the finalization of the 
electronic tender. 
 
 
 
 
CHAPTER VIII 
PERFORMANCE OF THE PUBLIC PROCUREMENT PROCEDURES  
 
Article 61. Conditions of submitting the bid  
 
    (1) The contracting authority sets the venue, l imit date and time for submission of the bids, purs uant 
to the provisions of this law. 
   (2) If the contracting authority provides explan ations regarding the award documents, amends such 
documents or holds a meeting of the business operat ors, the term for submission of the bids can be 
extended so that the business operators have suffic ient time to take into consideration the explanatio ns, 
the amendments or the provisions of the meeting’s m inutes.  
    (3) Until the expiration of the term for submis sion of the bids, the contracting authority may ext ent, 
at its choice, such term.  
    (4) The endorsement regarding extension of the term for submission of the bids will be sent 
forthwith to every business operator who the contra cting authority offered the award documents and to 
the Agency. 
    (5) The bid, written and signed, is submitted i n accordance with the requirements laid down in the  
documents issued to attract the bids. The contracti ng authority issues to the business operator, as a 
binding obligation, a letter indicating the time an d date of receiving the bid or confirms the receipt  
thereof, in case the bid was submitted through elec tronic means.  
    (6) The bid received by the contracting authori ty after the expiration of the term for submission of 
the bids will not be opened and will be returned to  the business operator who submitted it.  
 GPA/ACC/MDA/24 
 
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   Article 62. Opening the bids   
 
(1) The opening of the bids and their subsequent ex amination, evaluation and comparison are 
authorities and responsibilities of the contracting  authority. 
(2) The bids are opened at the time set out in the tender documents as deadline for submission 
of the bids or at the time specified as deadline of  the extended term, irrespective of the number of 
bidders and in accordance with the procedures estab lished in the tender documents. The bidders or 
the representatives thereof have the right to atten d the opening of the bids.  
(3) Submission of the bids foresees the submission of 2 separate envelopes that will contain 
“technical offer and financial offer”. 
(4) The names and contact data of each bidder whose  bid is opened, the qualification 
documents and the cost of the bid shall be communic ated to all of those who attend the bid opening 
session, as well as to the ones who were not presen t or represented in the opening session, upon 
their request.  
 
 Article 63.   Validity term of the bid, modification and withdr awal of the bid  
 
(1) The bid is valid within the term specified in t he award documents.  
(2) Until the expiration of the bid’s validity term , the contracting authority may propose to the 
bidder extension of such term. The bidder is entitl ed to:  
a) reject the proposal, without losing the right to  withdraw the guarantee for its bid; 
b) accept the proposal, extending the validity term  of the guarantee for its bid or offering new 
guarantees for the bid during the extended validity  term of the bid. If the bidder did not extend the 
validity term of the guarantee for the bid or did n ot deliver a new guarantee for the bid, it will be 
deemed to have refused to extend the validity term of the bid.  
(3) Unless the award documents provide otherwise, t he bidder has the right to modify or withdraw 
the bid before the expiration of the terms for subm ission of the bids and without losing the right to 
withdraw the guarantee for the bid. Such a modifica tion or the endorsement concerning the withdrawal 
of the bid is valid if received by the contracting authority before the expiration of the term set for  
submission of the bids.  
 
Article 64. The guarantee for the bid and securing performance of the contract  
 
(1) In case of an acquisition of goods, services an d works, the business operator will submit, at the 
same time with the bid, also the guarantee for the bid. 
(2) The award documents may stipulate the requireme nts of the contracting authority in respect of 
the admissibility of the issuer of the guarantee fo r the bid or of the endorser thereof, if any, in te rms of 
the form and conditions of the guarantee for the bi d. The contracting authority will not reject the bi d 
on the ground that the guarantee was submitted by a  foreign issuer, unless this is contrary to the 
legislation, provided that the guarantee for the bi d and the issuer meet the requirements laid down in  
the award documents. 
(3) The business operator, before submitting the bi d, may ask the contracting authority to confirm 
the admissibility of the issuer of the guarantee fo r the bid or of the endorser thereof. The contracti ng 
authority shall act forthwith upon any such request . Such confirmation cannot prevent the contracting GPA/ACC/MDA/24 
 
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   authority from rejecting the guarantee for the bid should the issuer or the endorser thereof went 
bankrupt.  
(4) The contracting authority includes in the award  documents the requirements for the issuer, the 
form, the amount and other basic conditions of the guarantee for the bid, as well as the requirements 
the business operator who submits the guarantee for  the bid, in case:  
a) the business operator withdraws or modifies the bid after the expiration of the term set for 
submission of the bids;  
b) the winning bidder does not execute the procurem ent contract;  
c) execution of the contract after acceptance of th e bid is not secured or any condition laid 
down in the tender documents is not met prior to th e execution of the procurement contract.  
(5) In case of an acquisition of goods and services  whose estimated value is smaller than lei 
400,000, or of works whose estimated value is small er than 1,500,000, the contracting authority has 
the right not to ask a guarantee for the bid from t he business operator. If the contracting authority does 
ask for such a guarantee, the business operator wil l comply with the provisions of this article.  
(6) The amount of the guarantee for the bid shall b e expressed as a lump sum and shall not exceed 
3% of the estimated value of the contract, less VAT . 
(7) The contracting authority does not have the rig ht to claim payment of the guarantee for the bid 
and will return forthwith the document of the guara ntee for the bid if any of the following events has  
occurred:      a) expiration of the validity term o f the guarantee for the bid;  
     b) execution of a procurement contract and sub mission of the contract’s performance bond, 
should such guarantee be provided in the award docu ments; 
c) suspension of the tender procedure without execu tion of a procurement contract; 
d) withdrawal of the bid before the expiration of t he term set for submission of the bids, in case 
the tender documents do not provide for the inadmis sibility of such a withdrawal. 
(8)When acquiring goods and works, the contracting authority will ask the bidder to submit, upon 
execution of the contract, a contract’s performance  guarantee.  
(9) The contracting authority will indicate in the tender documents the requirements for the issuer, 
the form, the amount and other basic conditions of the guarantee requested for the performance of the 
contract.  
(10) Prior to submitting the contract’s performance  guarantee, the bidder may ask the contracting 
authority to confirm the admissibility of a propose d issuer for the contract’s performance guarantee o r 
of an endorser thereof. The contracting authority s hall act forthwith upon any such request. 
(11) In case of an acquisition of goods and service s whose estimated value is smaller than lei 
400,000, or of works whose estimated value is small er than 1,500,000, the contracting authority has 
the right not to ask the bidders to submit the cont ract performance guarantee. If the contracting 
authority does ask for such a guarantee, it will co mply with the provisions of this article.  
(12) The amount of the contract due performance gua rantee shall not exceed 15% of the estimated 
value of the procurement contract.  
 
 Article 65. Examination, evaluation and comparison of the bids  
 
(1)   Examination, evaluation and comparison of the bids  are done in absence of the bidders or the 
representatives thereof. To facilitate the examinat ion, evaluation and comparison of the bids, the 
contracting authority may ask the bidder only for w ritten explanations thereof. No modifications of th e 
bid, including of the price thereof, liable to make  the offer compliant with certain requirements whic h GPA/ACC/MDA/24 
 
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   it hadn’t met initially, are admitted. The contract ing authority will correct only the arithmetic erro rs 
found in the bid during the examination thereof, in forming the bidder forthwith thereof.  
(2)   The contracting authority has the right to conside r the bid compliant with the requirements if 
it contains but immaterial differences against the provisions of the award documents, errors or 
omissions which can be removed without affecting th e essence thereof. Any such difference will be 
expressed quantitatively, to the extent to which th is is possible, and will be taken into consideratio n 
when evaluating and comparing the bids.  
(3)   The contracting authority does not accept the bid in case:  
  a) the bidder does not meet the qualification req uirements;  
  b) the bidder does not accept correction of an ar ithmetic error;  
  c) the bid does not meet the requirements in the award documents; 
  d) the financial offer indicates no fixed price; 
            e) acts of corruption were identified; 
f) the bid is abnormally low, based on provisions o f article 66 . 
(4)   When determining the winning bid, the contracting authority evaluates and compares the 
bids received according to the manner and criteria exposes in the award documents. No criterion 
missing from the award documents will be used. 
(5)  If the prices of the bids are expressed in two or s everal currencies, to ease evaluation and 
comparison of the bids, the prices of all the bids are recalculated in one single currency, based on t he 
rate of exchange set in the award documents.  
(6)   If the bidder does not act upon the request of the  contracting authority to reconfirm the 
qualification data for execution of the contract, t he bid is rejected and another winning bid is selec ted 
among the bids still valid. Likewise, the contracti ng authority is entitled to reject all the other bi ds.  
(7)   The information regarding examination, evaluation and comparison of the bids will not be 
disclosed to the bidders or to other persons who ar e not formally involved in these procedures or in 
determination of the winning bid. 
 
Article 66. The abnormally low bid  
 
(1)   The abnormally low bid is the offer for the sale o f goods, execution of works or provision of 
services for a price which is considerably lower th an the bids of other bidders, given that the bidder  
cannot prove its access to special technologies or to more advantageous market conditions, which 
would allow it to offer such a low price of the bid . 
(2)  In case of procurement of works, a bid would repres ent a significantly lower price in 
comparison with the bids of other bidders, or in co mparison with the works that are to be executed, in  
the case where the price indicated in the bid repre sents less than 85 % from the value of the works, a s 
calculated by the contracting authority in the esta blished manner. 
(3)  The contracting authority has the obligation to ens ure that the business operator has the 
possibility to justify such abnormally low price. I n case of a bid presenting a price abnormally low a s 
compared to what has to be supplied, executed or pr ovided, the contracting authority has the obligatio n 
to ask the bidder, in writing and before making any  decision regarding the rejection of such bid, to 
provide details and clarifications deemed relevant regarding the bid, and shall verify the answers 
justifying such price. 
(4)  The contracting authority has the obligation to con sider the justifications of the bidder, in 
particular those regarding:  GPA/ACC/MDA/24 
 
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   a) economic substantiation of the price formation, relative to the methods of execution used, 
production process or services rendered;  
b) the technical solutions adopted and/or any other  particularly favourable conditions the 
bidder benefits of to execute the works, supply the  products or render the services;  
c) originality of the bid in terms of meeting all t he requirements in the tender specifications;  
d) observance of the provisions regarding occupatio nal health and safety and work conditions, 
as applicable to the execution of the work, provisi on of the service or supply of the products;  
e) the possibility that the bidder benefits of a st ate aid.  
(5)  When the contracting authority considers that a bid  has apparently an abnormally low price 
because the bidder benefits of a state aid, the rel evant bid may be rejected on this ground alone only  if, 
following the clarifications requested, the bidder cannot prove, within a reasonable period of time (b ut 
not less than 3 days) set by the contracting author ity, that the state aid was legally granted.   
 
Article 67. Cancellation of the award procedure 
 
(1) The contracting authority, at its own initiativ e, as well as upon the request of the Agency, 
following a control undertaken, has the right to ca ncel the award procedure relative to the public 
procurement contract, if it makes this decision bef ore sending the communication regarding the result 
of applying the public procurement procedure, and, as a binding obligation, before the execution date 
of the contract, in the following cases: 
a) a satisfactory level of competition couldn’t be ensured, namely the number of 
bidders/candidates is smaller than the minimum numb er set for each procedure under this law;      
b) none of the bidders met the qualification condit ions laid down in the award documentation;  
c) in the case of public procurements of works, the  total value of the bids is higher or lower by 
at least 15% than the estimated value of the works,  while in the case of public procurements of goods 
and services, the total value of the bids is higher  by at least 15% than the estimated value of the go ods 
and services. The estimated value of goods, works a nd services shall be calculated by the contracting 
authority in the established manner, based on the p rovisions laid down in the present law; 
d) only non-compliant bids were submitted, which:  
      - are submitted after the deadline set for su bmission of the bids;  
      - were not drawn up and submitted in accordan ce with the requirements in the award 
documentation;  
      - contain, in the financial proposal, prices which, manifestly, are not the result of free 
competition and which cannot be thoroughly grounded ;  
- contain proposals regarding the contractual clauses , which are obviously 
disadvantageous for the contracting authority;  
- exceed by 30 % the estimated value of the procureme nt, calculated based on the 
provisions laid down in the present law; 
- indicate a value that exceeds the threshold, set fo rth in the present law, for the extended 
procurement procedure; 
- through the value, indicated in the financial propo sal, each of them exceeded the value 
of the funds, allocated for the fulfilment of the p ublic procurements contract; 
     e) it was found that an act of corruption was committed, and such as confirmed under a final 
court decision; GPA/ACC/MDA/24 
 
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        f) the bids submitted which, although they are  can be taken into consideration, cannot be 
compared due to the inconsistent manner of approach ing the technical and/or financial solutions;  
    g) presence of serious violations of the legal provisions affect the award procedure, or the 
contract is impossible to be concluded. 
For the purposes of the provisions of letter g), se rious violations of the legal provisions mean:  
- the principles and rules related to transparency and ways of communication, as laid down by 
the present law, have not been observed;  
- errors or omissions have been found during the an alysis, evaluation and/or finalization of the 
award procedure, while the contracting authority ca nnot take any corrective actions which are not 
liable to lead to the violation of the principles p rovided under art. 6. 
 
(2) After the date of communication of outcomes of the public procurements procedure, the 
cancellation of the public procurement procedure, i n cases stipulated under paragraph (1), shall be 
carried out by the Agency only.  
(3) The decision on cancellation of the public proc urements procedure shall not generate any 
obligation on behalf of the contracting authority o r of the Agency in relation with the participants t o 
the public procurements procedure, except for retur ning the guaranties for the bids and insurance of 
contract execution. 
(4) The contracting authority has the obligation to  communicate in writing to all the participants 
in the public procurement procedure, within maximum  3 days since the cancellation date, both the 
termination of the obligations they committed thems elves to by submitting bids, as well as the reason 
for cancellation. 
 
 
Chapter IX 
PUBLIC PROCUREMENT CONTRACT. 
REPORT ON THE PROCUREMENT PROCEDURE  
 
 
Article 68. The principles of awarding the public procurement c ontract 
 
    The public procurement contract is awarded on t he grounds of the following principles: 
a)  compliance with the law, rule of law, good morals a nd professional ethics; 
b)  selection of the public procurements procedure bid;  
c)  ensuring environmental protection and supporting th e social programmes in the performance of 
the contract.  
 
    Article 69.  Special conditions for performance of the public p rocurement contracts  
 
   The conditions for the performance of a contract  shall not have, directly or indirectly, a 
discriminatory nature and shall be indicated in the  participation invitation or in the tender 
specifications. Their objective can be in particula r fostering on-the-job training, employment of 
unemployed, youth and people with integration diffi culties, reducing unemployment, professional 
training of unemployed and young people, environmen tal protection, improvement of the work 
conditions and occupational safety, development of the rural environment and professional training of GPA/ACC/MDA/24 
 
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   the farmers, protection and support to small and me dium size enterprises, including during the 
performance term of the contract and under subcontr acting conditions. 
 
    Article 70. The public procurement contract  
 
    (1) The public procurement contract is conclude d in accordance with the award procedures 
hereunder, for the entire mount assigned to a procu rement per year, based on the procurement plan. 
    (2) Information of the winning bidder and execu tion of the procurement contract are done pursuant 
to art. 30.  
    (3) The bidders shall be informed, at the time of the call for proposals, about the conditions for  
conclusion of the procurement contract.  
    (4) The modification of certain elements of the  winning bid, imposing new requirements against the  
winning bidder or the involvement of any other bidd er than the one who submitted the most 
advantageous bid, at the time of executing the proc urement contract, are forbidden. 
    (5) The term(s) for performance of the contract , taking into account the reasonable needs of the 
contracting authority, shall be determined giving d ue consideration to the complexity of the 
contemplated procurement, the quantity subcontracte d in advance and the actual time needed to 
produce, store and carry the goods from the points of supply or for the performance of the services. 
    (6) The conditions for performance of the contr act shall not include clauses which are, directly o r 
indirectly, discriminatory. 
    (7) After conclusion, the public procurement co ntract is sent, within 10 days, to the Agency for 
review and registration, accompanied by the documen ts supporting performance of the relevant 
procurement procedure. 
    (8) The public procurement contract registered with the Agency, is also registered with the State 
Treasury or with one of the territorial treasuries of the Ministry of Finance, if the management of 
financial sources is done through the treasury syst em. The contracts which have not been registered as  
above have no legal power.  
     
Article 71. Subcontracting 
 
    In the tender specifications, the contracting a uthority may ask the bidder to indicate, in its bid , the 
share of the contract it intends to subcontract to third parties, as well as the proposed subcontracto rs, 
including small and medium size enterprises, other subcontractors, as the case may be. Such 
specification does not release the main bidder of i ts responsibilities. 
 
    Article 72.  Interdiction to divide or increase the procurement   
 
    (1) The contracting authority does not have the  right to divide the procurement by concluding 
separate contracts for the purpose of applying anot her procurement procedure but the procedure which 
would have been used in accordance with this law, h ad the procurement not been divided. The 
exception is the procurement of seasonal goods and services, which demands conclusion of separate 
contracts for different periods of time. For the pr ocurement of goods, works and services whose period  
of performance exceeds one year, the contract may b e concluded for the entire procurement, but the 
performance thereof will be within the limits of th e annual allocations provided for this purpose and 
set out annually in the contract.  GPA/ACC/MDA/24 
 
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       (2) The contracting authority does not have the  right to increase the volume of the goods, works a nd 
services, set out in the contracts concluded, to av oid making new procurements, except for the cases 
laid down in this law.  
    (3) Debt assignment, as well as the amendment o f any element of the contract concluded or 
introduction of new elements, should such be liable  to change the conditions of the bid which were the  
reasons for selecting such bid and to increase the value thereof, are forbidden. 
    (4) In case of public procurement contracts wit h ongoing performance, concluded for more than one 
year, the regular adjustment of the contract value is permitted, pursuant to the procedure established  by 
the Government, taking into account the change of p rices for the component parts of the cost price of 
the goods, works or services covered by the contrac t. 
    (5) The business operator performs the clauses of the contract concluded free of any conditions an d 
in observance of the quality requirements and the p rice set. Any non-performance or faulty 
performance of the contractual obligations result i nto the liability of the business operator in 
accordance with the legislation and the clauses of the contract. 
    (6) The head of the contracting authority which  failed to apply or take actions to apply sanctions  
against the business operator who failed to perform  or performed improperly the clauses of the 
contract, will be sanctioned by the control bodies in accordance with the legislation. 
 
    Article 73.  Report on the procurement procedure 
 
 
    (1) The report on the procurement procedure, as  well as the report on the cancellation of the publ ic 
procurement procedures is drawn up by the contracti ng authority and submitted to the Agency within 
maximum 10 days since the execution date of the con tract, or from the date when the cancellation 
decision has been issued. 
   Such report shall comprise the following: 
    a) a brief description of the goods, works and services which the contracting authority requested 
bids for;  
    b) the grounds for selecting the respective pro curement method, in case of procurement procedures,  
other than open tenders 
     c) the name and contact data of the bidders, a s well as the name and contact data of the business  
operator who the procurement contract is executed w ith, as well as the price of such contract;  
    d) the qualification data of the bidders;  
    e) the price of the bid or the grounds for dete rmination thereof, a brief description of the criti cal 
conditions of each bid and of the procurement contr act;  
    f) a summary of the evaluation and comparison o f the bids;  
    g) the final decision with supporting arguments , in case that all bids have been rejected;  
    h) the decision and grounds for applying certai n procurement procedures, other than open tenders, 
should such procedure did not concluded with execut ion of a procurement contract;  
    i) the grounds for rejection, in case the bid i s rejected pursuant to the provisions of art. 40;  
    k) a summary of the actions whereby explanation s concerning the pre-qualification documents or 
tender documents were requested, the summary of the  responses thereto, as well as a summary 
presentation of any amendment to such documents; 
     l) the grounds for cancelling the procurement procedure, in case the procedure was cancelled. GPA/ACC/MDA/24 
 
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       (2) The information under paragraph (1) letters  a) and c) is supplied upon the request of any pers on, 
after acceptance of the bid or finalization of the procurement procedure which did not result into 
conclusion of a procurement contract.  
    (3) The information under paragraph (1) letters  c)- h), j) and k) is supplied upon the request of the 
business operators which submitted bids or pre-qual ification applications, after acceptance of the bid  
or finalization of the procurement procedure which did not result into the conclusion of a procurement  
contract. Except following a court order to this en d, the contracting authority does not disclose the 
information under paragraph (1) letters d)- f) and k), should such disclosure be against the legislati on 
and the interests of the state, damage the legitima te business interests of the parties or prevent fai r 
competition. 
 
 
 
 
Article 74. Rules for the avoidance of conflicts of interests 
 
(1)  During application of the award procedure, the cont racting authority has the obligation to 
take all available actions to avoid any situations liable to determine occurrence of a conflict of 
interests and/or unfair competition.  
(2)  The individual or the legal entity who participated  in the drawing up of the award 
documentation has the right, as business operator, to be a bidder, associated bidder or subcontractor,  
but only in case its involvement in the drawing up of the award documentation is not liable to distort  
competition. 
(3)  The individuals or legal entities, who participate directly in the process of 
verifying/evaluating the candidatures/bids, do not have the right to be a candidate, bidder, associate d 
bidder or subcontractor, otherwise shall be exclude d from the award procedure.  
(4)  The members of the working group/ Task Force, have the obligation to sign, under personal 
responsibility, a statement of confidentiality and impartiality, therewith committing themselves to 
observe in a non-conditioned manner the provisions of the present law; at the same time, they 
confirm thereby: 
a)  that they are not spouse, relative or next of kin, up to the fourth degree inclusive, of 
the persons who sit in the board of directors/manag ement or supervisory body of one 
of the bidders/candidates;  
b)  in the last three years they have not been working based on an individual labour or 
collaboration contract  with any of the bidders; or  have never been part of the 
administrative board or of any other management, su pervisory or administrative 
entity thereof; 
c)  hold no shares, interests, shares in the subscribed  capital of one of the bidders 
 
  
(5)  In case that one of the members of the working grou p/ Task Force finds out, prior to or 
after the opening of bids meeting, that he or she i s subject to one or several situations as stipulate d 
under para. (4) of the present article, this member  shall immediately request to be replaced by 
another person in the composition of the working gr oup/ Task Force. GPA/ACC/MDA/24 
 
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   (6)  In case of failure to observe the provisions laid d own under paras (4) and (5) of the present 
article, the Agency shall have the right to cancel the procurement procedure.  
(7)  The working group/ Task Force for public procurement is  carrying out its activity in 
compliance with the provisions of the present law a s well as based on the regulation approved by the 
Government.  
 
Chapter X   
Concession contracts  
 
Article 75. General principles and rules for the award of the c oncession contract  
 
(1)  Principles lying at the basis of awarding the conce ssion contract are the ones under art. 6.  
(2) The contracting authority has the obligation to  award the concession contract pursuant to the 
provisions of this article.  
(3) The substantiation of the decision to implement  the project, the means of transfer and 
recovery of the subject matter of the concession, t he means of preparing the award documentation and 
applying the procedures provided for by this law, a re established under a Government decision. 
(4) The contracting authority has the right to awar d the concession contract for public works or 
the concession contract for services by applying on e of the procedures under art. 44 para. (1) letters  a), 
b) and d).   
(5) The estimation rules laid down under article 3 apply accordingly to determine the estimated 
value of the concession contract.  
(6) The settlement of the complaints filed during a pplication of the concession contract’s award 
procedure will be done in accordance with Chapter X I. 
(7)  This law does not apply in case the concession cont ract:  
a) is awarded in one of the situations provided for  under art. 4;  
b) is awarded by a contracting authority which perf orms one or several of the relevant activities 
(utilities), if the concession contract’s subject m atter is the performance of the relevant activities ; or  
c) is aimed at a concession of public works, but on ly in case the contracting authority, through 
the subject matter of the respective contract, does  not aim to acquire the execution of a certain work  or 
provision of a certain service, which would result into classification of the respective contract as e ither 
public procurement contract, or concession contract  whose award is regulated under this law.  
(8) This law does not apply when the procurement of  certain additional works or services is 
necessary, which were not included in the initial c oncession contract, but due to certain unforeseen 
circumstances, have become necessary for the perfor mance of the contract in question, provided that 
the following conditions are cumulatively met:  
a) the award is to the initial contractor;  
b) the additional works or services cannot be, tech nically and economically, separated from the 
initial contract without certain major impairments occurring for the contracting authority, or, althou gh 
they can be separated from the initial contract, th ey are critical for the performance thereof;  
c) the aggregate value of the contracts awarded for  additional works or services does not 
account for more than 30% of the value of the initi al contract.  
(9)The contracting authority has the obligation to ensure transparency in the award of concession 
contracts.  GPA/ACC/MDA/24 
 
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   (10) The award procedure for a concession contract is initiated with publication of participation 
announcement.  
(11) The contracting authority has the obligation t o include in the announcement referred to under 
para. (10) at least the information contained in ap pendix no. 3B and, if necessary, other information 
deemed useful by the contracting authority, in acco rdance with the standard form adopted by the 
European Commission.  
(12) The provisions of article 29 shall apply accor dingly.  
(13)The participation announcement is published in the Public Procurement Bulletin and, as the 
case may be, in the Official Journal of the Europea n Union.  
 
(14) The publication in the Official Journal of the  European Union is compulsory for the public 
works concession contract, if the estimated value t hereof is equal to or higher than the one set out 
under art. 2 para. (3). 
(15) The contracting authority has the obligation t o set out the number of days between the 
publication date of the participation announcement and the date of submitting the applications, so tha t 
business operators are allowed an adequate and suff icient period of time to draw up the applications.  
(16) Irrespective of the procedure applied and notw ithstanding the provisions of para. (15), the 
contracting authority has the obligation to send th e participation announcement for publication at lea st 
52 days before the deadline for submission of the a pplications.  
(17) If the participation announcement was sent for  publication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (16) may be reduced by 7 days.  
(18) The provisions regarding the extension of the deadline shall be applied accordingly. 
(19) When awarding a public works concession contra ct, the contracting authority has the right to 
ask:  
a) the concession beneficiary to award contracts to  third parties, in a share of at least 30% of 
the total value of the works covered by the concess ion, allowing the candidates to increase the share( s) 
of the contract they intent to subcontract; This mi nimum percent shall be mentioned in the contract fo r 
the concession of works.  
b) the candidates shall indicate in the submitted a pplication the value of the works under the 
concession contract, which they intend to award to any third parties.  
 
Article 76. Rules for awarding public procurement contracts by concession beneficiaries  
 
(1) If the concession beneficiary is a contracting authority for the purposes of the provisions of 
art. 12, it has the obligation to observe the provi sions of this law when awarding a public procuremen t 
contract to a third party.  
(2) If the concession beneficiary is not a contract ing authority for the purposes of the provisions 
of art. 12, it still has the obligation, when award ing a works or services contract to a third party, to 
publish a participation announcement in the Officia l Journal of the European Union and in SIA 
“RSAP”, in all the cases when the estimated value o f the contract to be awarded is equal to or higher 
than the one set out under art. 2 para. (3), except  for the cases under art. 54. Determination of the 
estimated value of the contract is done pursuant to  the rules under art. 3. 
(3) The concession beneficiary has the obligation t o meet also the following conditions:  
a) the number of days between the date of sending t he participation announcement for 
publication and the date of submitting the candidat ure shall be at least 37 days; and  GPA/ACC/MDA/24 
 
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   b) the number of days between the date of sending t he participation announcement for 
publication or sending the participation invitation  and the date of submission of bids shall be at lea st 
40 days.  
(4) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the periods se t out under para. 3 may be reduced by 7 days. 
(5) If the concession beneficiary publishes electro nically the entire award documentation and 
allows, as of the publication date of the participa tion announcement, direct and unrestricted access o f 
the business operators to this documentation, then it has the right to reduce the period set out under  
para. (3) letter b) by 5 additional days.  
(6) The provisions regarding the possibility of ext ending the deadline are applied accordingly.  
(7) The concession beneficiary has the obligation t o included in the announcement referred to 
under para. (2) at least the information contained in appendix no. 3C and, if necessary, other 
information deemed useful by it, in accordance with  the standard form adopted by the European 
Commission.  
(8) The groups of enterprises which were formed sub sequent to obtaining the concession or the 
enterprises affiliated thereto are not deemed third  parties.  
(9) For the purposes of para. (8), affiliated enter prise means any person who performs business 
activities and:  
a) can be subject, directly or indirectly, to the d ominant influence of the concession 
beneficiary; or  
b) can exercise a dominant influence on the concess ion beneficiary; or  
c), which, same as the concession beneficiary, is s ubject to the dominant influence of another 
person. In respect of the term “dominant influence” , the provisions of article 1 apply accordingly.  
(10) The influence of one enterprise over another e nterprise shall be deemed dominant, directly or 
indirectly, in the following cases:  
a)  when it holds the majority part of the subscribed c apital of the enterprise; or 
b)  it holds the majority of votes, afferent to the sha res issued by the enterprise; or 
c)  it has the right to assign more than half of the me mbers of the administrative board, or of 
management or controlling entity of the enterprise.  
(11)The business operator, which participates in th e award procedure of a concession contract, has 
the obligation to include in its application a list  with the persons which have the quality of affilia ted 
enterprises thereto; the concession beneficiary has  the obligation to update this list on a regular ba sis, 
until the finalization of the concession contract.  
 
 
 
 
Chapter XI 
DISPUTE SETTLEMENT AND LEGAL LIABILITY  
 
Article 77. Complaint Settlement Agency  
  
(1)  The Complaint Settlement Agency is an administrativ e authority subject to the administrative 
coordination of the Ministry of Finance which settl es the complaints lodged under the public 
procurement contract award procedures.  GPA/ACC/MDA/24 
 
- 67 - 
 
   (2)   The Complaint Settlement Agency has its own balanc e sheet, settlement account, a stamp 
with the State Coat of Arms of the Republic of Mold ova and the name of the Agency in the state 
language.  
(3)  The Agency operates under an organization and opera tion regulation approved by the 
Government. 
(4)  In the framework of the Complaint Settlement Agency  activate public servants subject to 
regulations of the Law nr. 158-XVI of 4 July 2008 o n public service and the status of public servants,  
and contractual staff that perform auxiliary activi ties, subjected to the regulations of labour legisl ation.  
 
 
Article 78.  Right to challenge  
 
     (1) Any business operator who considers that, in the course of the procurement procedures, the 
contracting authority, through the deed issued in v iolation of the law, affected one of its rights 
recognized under the law, following which it suffer ed or might suffer prejudices, has the right to 
challenge the respective deed in the manner provide d for by this law. 
(2) For the purposes of para. (1), deed of the cont racting authority means any administrative 
deed, any other action or lack of action, which cau ses or might cause legal effects in connection with  
the procurement procedure. 
(3) Any reference in this chapter to application of  the procurement procedure includes all the 
cases falling into the scope of this law.  
(4) The settlement of the complaints regarding the award of sectoral contracts for which the 
specific legislation makes reference to application  of this law, is done in accordance with this chapt er. 
 
 
Article 79.  Submission of the complaint 
 
 (1) The damaged person may notify the Complaint Se ttlement Agency in view of cancelling 
the deed and/or having recognized the alleged right  or legitimate interest, within:  
    a) 10 days, starting with the day following the  acknowledgment, subject to the conditions of 
this law, of a deed of the contracting authority de emed illegal , in case the value of the contract to be 
awarded, estimated pursuant to the provisions of ar t. 3, is equal to or higher than the value threshol ds set 
out under art. 2 para. (3);  
b) 5 days, starting with the day following the ackn owledgment, subject to the conditions of this 
law, of a deed of the contracting authority deemed illegal , in case the value of the contract to be 
awarded, estimated pursuant to the provisions of ar t. 3, is smaller than the value thresholds set out under 
art. 2 para. (3); 
(2) Filing of the complaint regarding deeds of the contracting authority which are issued or take 
place before opening of the bids, is done meeting t he terms set out under para. (1), however no later than 
the deadline for submission of the bids set by the contracting authority.  
(3) In case that the complaint referred to under pa ra. (1) is related to documents published in 
electronic format, the acknowledgment date will be the publication date. 
 (4) The complaint shall be submitted in a written form, in the state language, signed, stamped 
(where applicable) and shall contain: GPA/ACC/MDA/24 
 
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   a)  the name, domicile or residence of the challenging party or, in case of legal entities, the full 
name of the business operator, the name and first n ame of the representative thereof, a copy of 
the document confirming the authorities, the regist ered office and the contact data; 
b)  the name of the contracting authority, the register ed office and contact data; 
c)  the subject matter of the public procurement contra ct and the award procedure applied; 
d)  the essence and grounds of the complaint, indicatin g the rights and legitimate interests of the 
challenging party, which were breached in the award  procedures; 
e)  the list of documents attached to the complaint. 
(5) The challenging party shall attach a copy of th e challenged act to the complaint, in case that 
such an act has been issued, as well as copies of t he inscriptions stipulated under paragraph (4), 
in cases when those are available. 
(6) In case that the Complaint Settlement Agency co nsiders that the complaint does not include 
all the information under para. (4), it will ask th e challenging party to complete the complaint, with in 5 
days since the notification whereby it was informed  of this situation. If the challenging party does n ot 
act upon the requirement of the Complaint Settlemen t Agency, the complaint shall be dismissed. The 
complaint shall be dismissed as well in cases when it has been submitted with infringement of terms 
laid down under paragraph (1). 
  
 
Article 80.  Complaint review procedure   
  
(1) The Complaint Settlement Agency has the authori ty to settle, through specialized panels, 
any complaints concerning the award procedure, purs uant to its own organization and operation 
Regulation approved by the Government. 
(2) Part of its duties, the Complaint Settlement Ag ency adopts decision.  
(3) The complaint settlement procedure will be carr ied out whilst observing the principles of 
legality, rapidity, adversariality and the right to  defence.  
(4) With the purpose to settle the complaint, the C omplaint Settlement Agency can request the 
point of view of the contracting party on the subje ct matter. 
     (5) Within one business days since the receipt  of the complaint stipulated under par. (4), the 
contracting authority has the obligation to inform the other participants still involved in the award 
procedure thereof. The notification shall also incl ude a copy of the respective complaint.  
     (6) All the notifications or communications of  the deeds of procedure shall be with 
acknowledgment of receipt.  
     (7) The complaints filed in the same award pro cedure shall be merged by the Complaint 
Settlement Agency in order to pass a consistent sol ution.  
     (8) Until the complaint is settled by the Comp laint Settlement Agency, the participants in the 
same award procedure may join a complaint with thei r own complaint which shall contain all the 
elements under art. 79 para. (4).  
     (9) In view of settling the complaint(s), the contracting authority has the obligation to send to  
the Complaint Settlement Agency, within maximum 5 w orking days, its opinion about such 
complaint(s), accompanied by any other documents de emed relevant, as well as one copy of the public 
procurement file, except for the announcements publ ished in the State Register of Public Procurement 
and the award documentation, when available and can  be downloaded directly from the State Register GPA/ACC/MDA/24 
 
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   of Public Procurement. The lack of a point of view of the contracting authority shall not prevent the 
settlement of the complaint(s),.  
(10) The contracting authority will notify its poin t of view also to the complainant(s), within 
the same term set out under para. (9).   
 
Article 81.  Complaint settlement procedure  
 
(1) In view of settling the complaint, the Complain t Settlement Agency has the right to ask 
clarifications from the parties, to produce evidenc e and to ask for other data/documents, to the exten t 
to which such are relevant for the purposes of the complaint. Similarly, the Complaint Settlement 
Agency has the right to ask any other data which is  necessary for the settlement of the complaint also  
from other individuals or legal entities.  
 (2) Application of the provisions of para. (1) sho uld not into an exceeding of the term for the 
complaint settlement, as set out under para (10).  
 (3) The contracting authority has the obligation t o respond to any request of the Complaint 
Settlement Agency and to provide the latter with an y document of relevance for the settlement of the 
complaint, other than the ones mentioned under art.  80 para (9), within a term which cannot exceed 5 
days from the receipt of the request.  
(4) The Complaint Settlement Agency will be allowed  to appoint an independent expert to 
clear certain technical or financial issues. The le ngth of the expert’s investigation shall be inside the 
term set for the settlement of the complaint by the  Complaint Settlement Agency. The cost of the 
expert’s investigation will be borne by the party w hich filed the application for such investigation.  
     (5) The correspondence regarding the complaint  settlement procedure in front of the Complaint 
Settlement Agency can only be in writing and the pa rties may be called in a public meeting, should 
such be deemed necessary by the Complaint Settlemen t Agency.  
     (6) The parties may be represented by attorney s-at-law and may submit written conclusions in 
the proceeding. Likewise, the parties may ask to be  allowed to produce verbal conclusions in front of 
the Complaint Settlement Agency, without this affec ting the terms set out under para. 10.  
(7) In justified situations and in order to prevent  imminent damages, the Agency, before the 
final settlement of the merits of the case, may dec ide, within 3 days, including upon the request of t he 
interested party, to suspend the public procurement  procedure.  
     (8) For the purpose of para. (7), the Complain t Settlement Agency settles the suspension 
application, taking into account the consequences o f this measure on all the categories of interests 
which could be damages, including on the public int erest.  
     (9) The decision referred to under para. (7) m ay be challenged with the competent court, 
separately, within 5 days since communication.  
(10) The Complaint Settlement Agency has the obliga tion to settle the complaint on the merits, 
within 20 business days since the receipt of the pu blic procurement file from the contracting authorit y, 
respectively within 10 days in case an exception wh ich prevents the analysis on the merits of the 
complaint occurs, pursuant to art. 82 para. (1). In  justified cases, the complaint settlement term may  be 
extended by additional 10 days, but only once.  
(11) The contracting authority shall have no right to conclude the public procurement contract, 
and in the case where such contract has been conclu ded shall not register the respective contract, unt il 
a final decision on the challenged matter is issued  by the Complaint Settlement Agency. 
     GPA/ACC/MDA/24 
 
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   Article 82. Solutions the Complaint Settlement Agency may pass   
  
(1)  The Complaint Settlement Agency first rules on the complaint return cases, and when it finds 
they are grounded, it will no longer proceed to the  analysis of the case on the merits. 
(2)  In the process of reviewing the complaint, the Comp laint Settlement Agency: 
a) upholds the complaint in full or in part; 
b) dismisses the complaint; 
(3)  The Complaint Settlement Agency reviews the challen ged deed in terms of legality and 
validity and may issue a decision to cancel it in f ull or in part, hold the contracting authority issu e 
another deed or decide any other measure which is n ecessary to remedy the deed affecting the award 
procedure. If the Complaint Settlement Agency decid es on the modification/removal of any technical 
specifications from the tender specifications or fr om other documents issued in connection with the 
award procedure, the contracting authority has the right to cancel the award procedure, under the 
conditions laid down in article 67. 
(4)  If the Complaint Settlement Agency considers that, in addition to the deeds challenged in the 
award procedure, other documents violate the provis ions of this law, but were not referred in the 
complaint, then it will inform the Public Procureme nt Agency, submitting also all the relevant 
data/documents to support such notification. 
(5)  If the Complaint Settlement Agency upholds the comp laint and decides on a measure to 
address the challenged deed, it will also set the t erm for its performance, which shall not be longer 
than the term for challenging the decision of the C omplaint Settlement Agency. 
(6)  Depending on the solution passed, the Complaint Set tlement Agency shall decide on the 
continuation or cancellation of the public procurem ent procedure, including a decision on the public 
procurement contract, concluded and registered. In cases where cancellation is decided, the procedure 
shall be carried out under the conditions laid down  in article 67. 
(7)  The Complaint Settlement Agency may take note, any time during the settlement of the 
complaint, of any waiver thereof by the challenging  party. 
(8)  The Complaint Settlement Agency cannot decide on th e award of a contract to a certain 
business operator. 
(9)  The decision of the Complaint Settlement Agency wil l be grounded and communicated in 
writing to the parties within 3 days since pronounc ement. The decision, without the grounding, is 
published on the website of the Complaint Settlemen t Agency within the same term. 
(10)   The decision whereby the Complaint Settlement Agen cy decided on certain remedy measures 
will be submitted, in copy, within the same term se t out under para. (8), to the Public Procurement 
Agency, which has the obligation to monitor perform ance of the remedy measures.  
(11)  The decision whereby the Complaint Settlement Agenc y cancels in full or in part the 
challenged deed is compulsory for the contracting a uthority. 
(12)  The decision of the Complaint Settlement Agency is binding upon the parties, and the public 
procurement contract concluded in violation of the decision of the Agency shall be absolutely void. 
(13)  The Decisions of the Complaint Settlement Agency re garding the settlement of the complaint 
may be challenged in the competent court of law. 
 
 
 
        GPA/ACC/MDA/24 
 
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   Article 83.  Disputes  
  
     (1) Lawsuits and motions regarding the perform ance, nullity, cancellation, termination or 
unilateral termination of the public procurement co ntracts shall be settled by the competent court.  
      
Article 84.  Settlement of disputes  
 
(1)  In justified situations and in order to prevent imm inent damages, the Complaint Settlement 
Agency may decide, before the settlement of the cas e on the merits, inclusively upon the request of th e 
interested party, by grounded decision with subpoen a of the parties, to suspend the performance of the  
contract.  
(2)  The Court finds the nullity of the contract in the following cases: 
a) the contracting authority awarded the contract i n default of the obligations regarding 
publication of a participation announcement/invitat ion pursuant to the provisions of this law;  
b) the provisions of art. 31 were violated, should such violation deprive the interested business 
operator of the possibility of a remedy before the execution of the contract, if such violation is 
combined with a violation of other provisions in th e field of public procurement, should the latter 
affect the chances of the interested business opera tor to obtain the contract;  
c) the contracting authority did not observe the pr ovisions of art. 58 para. 19 or of art. 59 paras. 
(13-17).  
(3)  By exception from the provisions of para. (2), if t he Complaint Settlement Agency, after 
having analyzed all relevant aspects, finds that im perative reasons of general interest demand the 
effects of the contract to be maintained, it will d ecide, in exchange, alternative sanctions, as follo ws:  
a) limitation of the contract’s effects, by reducin g the performance term thereof; and/or  
b) fining the contracting authority, with 2% to 15%  of the value of the contract, such amount 
being in inverse proportion with the possibility of  limiting the effects of the contract, pursuant to the 
provisions of letter a).  
(4)  When applying the alternative sanctions under para.  (3), the Court will procure they are 
efficient, proportionate and discouraging.  
(5)  The business interests in connection with the capac ity of the contract to produce effects can 
be taken into account as an imperative ground only if, under exceptional circumstances, the absence of  
the effects would lead to consequences which are ou t-of-proportion. The business interests in direct 
connection with the respective contract, such as co sts generated by delays in performance of the 
contract, costs generated by the launch of a new aw ard procedure, costs generated by the change of the  
business operator to perform the contract or costs regarding the legal obligations generated by the 
absence of the contract’s effects, do not represent  imperative grounds of general interest.  
(6)  In all the cases when the sanction of nullity under  para. (2) cannot have a retroactive effect as 
termination of the contractual obligations already performed is impossible, the Complaint Settlement 
Agency will additionally apply the sanction provide d for under para. (3) letter b).  
(7)  In case of a violation of the provisions of art. 31 , which is not subject to para. (2), letter b), 
the Complaint Settlement Agency may decide, after h aving analyzed all relevant aspect, whether it 
would find the nullity of the contract or alternati ve sanctions, as the ones under para. (3) are suffi cient. 
(8)  The provisions of para. (2) letter a) shall not be applicable when the contracting authority, 
considering it is in one of the situations provided  for by this law which entitles it not to send a 
participation announcement/invitation for publicati on, proceeded as follows:  GPA/ACC/MDA/24 
 
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   a) it voluntarily published in the Public Procureme nt Bulletin, SIA “RSAP” and/or in the 
Official Journal of the European Union an announcem ent to secure transparency, whereby it voices its 
intention to conclude the respective contract.;  
b) it concluded the contract observing, of its own motion, the provisions of art. 31 para. (1), in 
this case, the terms starting to run as of the date  of publishing the announcement under latter a).  
(9)  The provisions of para. (2) letter c) are not appli cable when the contracting authority, 
considering it observed the provisions of art. 58 p ara. (19) or, as the case may be, of art. 59 paras.  13-
17, proceeded as follows:  
a) it communicated to the bidders involved the deci sion to award the contract, in compliance 
with  
the provisions of art. 30 paras. (1), (4), and (5),  subject to the provisions of art. 73 para. (3); an d  
b) it concluded the contract observing, of its own motion, the provisions of art. 31 para. (1) and 
of art. 30 para. (4), in this case, the terms start ing to run as of the date of sending the communicat ion 
referred to  
under latter a).  
(10)  Finding the nullity of the contract, subject to the  conditions of para. (2), may be requested 
also under a separate action, within:  
     a) maximum 30 days, starting with the day foll owing: 
     - publication of the contract’s award announce ment, pursuant to the provisions of art. 29, provid ed 
that such announcement would contain the justificat ion of the contracting authority’s decision to 
award the contract without prior publication of par ticipation announcement in the Public Procurement 
Bulletin or, as the case might be,  in the Official  Journal of the European Union; or  
    - information by the contracting authority of t he interested bidders and candidates regarding 
conclusion of the contract, provided such informati on is accompanied by a summary of the relevant 
reasons determined under art. 30. This option appli es also in the cases referred to under art. 31 para . 
(3) letter c);  
     b) maximum 6 months, starting with the day fol lowing the conclusion of the contract, in the 
cases where the conditions under letter a) were not  met.  
(11)  To the extent to which a business operator did not use a remedy in this respect, the Public 
Procurement Agency has the right to ask the court t o find the contracts void, for the following reason s:  
    a) when the contracting authority awarded the c ontract in default of the obligations regarding 
publication of a participation announcement/invitat ion pursuant to the provisions of this law;  
    b) the provisions of art. 31 para. (1) and Art.  30 para. (3);  
    c) the contracting authority did not observe th e provisions of art. 58 para. 19 or of art. 59 para s. 
(13)-(17);  
    d) the public procurement contract, the concess ion contract for public works or the concession 
contract for services was concluded in violation of  the minimum requirements laid down by the 
contracting authority in the tender specifications,  or, although the respective requirements are met, the 
contract was concluded in conditions which are less  favourable than the ones laid down in the 
technical and/or financial proposals which formed t he winning bid;  
    e) when the contracting authority aims to acqui re the execution of a certain work, service or 
product, which would result into the classification  of the respective contract as either public 
procurement contract, or as concession contract for  public works or as concession contract for 
services, but the contracting authority concludes a nother type of contract or fails to conclude any 
contract at all, in violation of the award procedur es provided for by the present law;  GPA/ACC/MDA/24 
 
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       f) the public procurement contract, the concess ion contract for public works or the concession 
contract for services was concluded in violation of  the provisions of art. 76 para. (5);  
    g) violation/modification of the qualification and selection criteria and/or of the evaluation fac tors 
laid down in the participation announcement/invitat ion;     
 h) amendment of the contract led to reduction of t he advantages and, as the case may be, of the 
evaluation factors which were the basis for declari ng the winning bid.  
(12)  In justified situations, the court, before settleme nt of the case on the merits, may decide, 
inclusively upon the request of the Public Procurem ent Agency, to suspend performance of the 
contract. 
 
 
Chapter XII 
CLOSING AND TRANSITORY PROVISIONS 
 
Article 85. Entry into force 
(1) The current law will enter into force within 9 months from the publication date; 
(2)The provisions under art. 4 paras. (2), (3) and (4), art. 22 para. (2), art. 27 para. (2), art. 45 
paras. (4), (5), (6), (7), , art. 49 paras. (4) and  (6), art. 52 para. (7) and (8), art. 53 paras. (6) , (7) and 
(8), art. 56 para. (7), art. 75 paras. (14) and (17 ), art. 76 para. (2) and para. (4) shall enter into  effect on 
31 December 2020. 
(3) The contracts in course of execution and the on going award procedures at the date of entry 
into force of the current law will be finalized bas ed on the legal provisions in force at the date of their 
initiation. 
 
Article 86. Repeal of contrary regulations 
 
(1)  At the date of entry into force of the current law,  the Law on public procurement nr 96-XVI of 
13 April 2007, with the subsequent additions and am endments is repealed.  
 
Article 87.  Application of the law 
 
(1)  The Government within 9 months from the publication  date of the current law will present to 
the Parliament proposals to bring the legislation i n conformity with the current law; 
(2)  The Government, within 9 months from the current la w publication date will bring its 
normative acts in conformity with the current law; 
(3)  The Government within 9 months from the publication  date of the current law will ensure the 
elaboration and approval of all normative acts fore seen by the current law. 
 GPA/ACC/MDA/24 
 
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   Appendix I no1( 1) 
 
SECTION F CONSTRUCTIONS CPV Code Division Group Class Scope Remarks 
45   Constructions This division includes: 
Construction of buildings and new works and restora tion and 
current repair works 45000000 
45.1  Land preparation  45100000 
45.11 Demolition and earthworks This class includes : 
- demolition of buildings and other structures - site clearance - earthworks: excavation, filling, construction sit e levelling, 
ditch digging, rock removal, detonations, etc. - land preparation for mining operations: land stri pping and 
other works and preparation of the land and sites o f mining 
operations This class further includes: - drainage of construction sites - drainage of agricultural and forestry land 45110000 
 Drilling and boring This class includes: 
- test hole boring, test borehole and collection of  samples for 
constructions, as well as geophysical, geological a nd similar 
surveys This class does not include: - drilling for hauling shifts of oil and has, see 1 1.20 
- drilling for water shifts, see 45.25 - drilling to deepen the shafts, see 45.25 - oil and gas field development, geophysical, geolo gical and 
seismic surveys, see 74.20 45120000 
45.2  Building works or civil 
constructions  45200000 
45.12 Construction works This class includes: 
- construction of all types of buildings - civil constructions - bridges (including for suspended motorways), viad ucts, 
tunnels and underground crossings - transport pipes, communication and electric power  transport 45210000 GPA/ACC/MDA/24 
 
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   lines on long distances - transport pipes, communication and electric power  transport 
lines for urban networks - enclosed urban fitting, assembling and constructi on works 
from prefab on sites This class does not include: - oil and gas extraction services, see 11.20 - constructions entirely made-up of prefabs with el ements 
produced by the unit which executes the works from other 
materials than concrete, see divisions 20, 26 and 2 8 
- construction of equipments, other than buildings,  for stadiums, 
pools, gyms, tennis courts, golf courts and other s port systems, 
see 45.23 - installation works in constructions, see 45.3 - finishing works in constructions, see 45.4, archi tectural and 
engineering activities, see 74.20 - management of construction projects, see 74.20 
45.22 Erection of roof sheathing and 
framing This class includes: - roof framing assembling - roof sheathing - insulation works 45220000 
45.23 Road construction This class includes: 
- construction of motorways, streets, roads, other ways for 
vehicles and pedestrians - construction of railways - construction of landing strips  - construction of equipments, other than buildings,  for stadiums, 
pools, gyms, tennis courts, golf courts and other s port systems, 
dyeing of markings on the road surface and in parki ng areas 
This class does not include: - preliminary earthworks, see 45.11x 45230000 
45.24 Maritime and river works This class includes construction of: 
- waterways, ports and river works, leisure ports ( light crafts), 
locks, etc. dams and banks - dredging - deep sea works 45240000 
45.25 Other construction works This class includes:  
- specialized construction activities in respect of  a common 
aspect for different types of structures, which dem and special 45250000 GPA/ACC/MDA/24 
 
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   skills or materials: construction of foundations, including driving drilling and construction of water shafts, pit sink ing 
mounting of the metal structure elements which are not made 
by the unit which executes the works mounting of metallic reinforcement brickwork and paving mounting and dismounting scaffolds and work platfor ms, 
including rental of scaffolds and work platforms, c onstruction 
of stacks and industrial furnaces This class does not include: - rentals of scaffolds without mounting and dismoun ting, see 
71.32 
 45.3  Installation works  45300000 
45.31 Electrical systems This class includes: 
- installation of the following elements in buildin gs or other 
construction projects: cables and electric apparatus telecommunications systems electric heating systems property antenna fire alarm systems anti-theft alarm systems, elevators and escalators,  lighting 
arresters, etc. 45310000 
45.32 Insulation works This class includes: 
mounting of thermal, sound and anti-vibration mater ials in 
buildings or other construction projects This class does not include: insulation works, see 45.22 45320000 
45.33 Plumbing works This class includes: 
- mounting of the following elements in buildings o r other 
construction projects: plumbing systems and equipments reinforcements for gas pipes heating, ventilation, refrigeration or air-conditio ning 
equipments and pipes automated fire extinguishing systems This class does not include: installation of electric heating systems, see 45.31  45330000 GPA/ACC/MDA/24 
 
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   45.34 Other installation works This class includes:  
installation of lighting and signalling systems for  roads, 
railways, airports and ports installation of systems and apparatus not contained  in another 
classification in buildings or other construction p rojects: 45340000 
45.4  Finishing works  45400000 
45.41 Gypsum plastering This class includes: 
application of indoor or outdoor gypsum or stucco p lasters, 
including the related lath casing, in buildings or other 
construction projects 45410000 
45.42 Carpentry This class includes: 
mounting of doors, windows, door and window frames,  
equipped kitchens, staircases, equipments for store s and similar, 
of wood or other materials, made of another unit th an the one 
who executes the works indoor fitting works, such as ceilings, wood coveri ng for walls, 
slide walls, etc. This class does not include: mounting of parquet and other types of wooden floor s, see 
45.43 45420000 
 45.43 Floor and wall covering This class includes:  
mounting of the following construction elements in constructions or other construction projects: ceramic, cement or cut stone tiles for walls or flo or 
parquet or other wooden floor covering, moquette or  linoleum, 
including of rubber or plastics terrazzo, marble, granite or sandstone for walls or  floor, 
wallpaper 45430000 
45.44 Dyeing and windowpane 
mounting This class includes: indoor and outdoor dyeing of the buildings dyeing of the structures of civil constructions mounting of windowpane, mirrors, etc. This class does not include: mounting of windows, see 45.42 45440000 
45.45 Other finishing works This class includes: 
installation of private pools, steam jet and sand j et cleaning and 
similar works outside the buildings, other enclosed  and 
finishing works on buildings, not included in other  
classifications 45450000 GPA/ACC/MDA/24 
 
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   This class does not include: indoor cleaning of buildings and other structures, see 74.70 
45.5  Rental with construction material 
operator  45500000 
45.50 Rental with construction operator This class does not include: 
rental of construction or demolition equipments and  materials 
without operator, see 71.32 45500000 
 GPA/ACC/MDA/24 
 
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Appendix no. 2 
Appendix IIA ( 2) 
 
Category 
no. Description of the services CPC reference no. (1) C PV reference no. 
1 Maintenance and repairing 
services 6112, 6122, 633, 886 From 50100000 to 50982000 (exc ept for 50310000 to 
50324200 and 50116510-9, 50190000-3, 50229000-6, 
50243000-0) 
2 Land transport services ( 2), 
including services rendered with 
bulletproof vehicles and courier 
services, except for postal 
transports 712 (except for 71235), 
7512, 87304 From 60112000-6 to 60129300-1 (except for 60121000 
to 60121600, 60122200-1, 60122230-0) and from 
64120000-3 to 64121200-2 
3 Passenger and freight air 
transport services, except for 
postal transport 73 (except for 
7321) From 62100000-3 to 62300000-5 (except for 62121000-
6, 62221000-7) 
4 Land and air postal transports (2) 71235, 7321 60 122200-1, 60122230-0, 62121000-6, 62221000-7 
5 Telecommunication services 752 From 64200000-8 to  64228200-2, 72318000-7 and from 
72530000-9 to 72532000-3 
6 Financial services: 
(a) Insurance services 
(b) Banking and investment 
services (3)  eg. 81, 812, 814 From 66100000-1 to 66430000-3 and from 67110000-1 
to 67262000-1 (3) 
7 IT and related services 84 From 50300000-8 to 503 24200-4, from 72100000-6 to 
72591000-4 (except for 72318000-7 and from 72530000 -
9 to 72532000 -3)  
8 Research and development 
services (4) 85 From 73000000-2 to 73300000-5 (except for 732000 00-
4, 73210000-7, 7322000-0) 
9 Accounting, audit and 
bookkeeping services 862 From 74121000-3 to 74121250-0 
10 Market research and opinion pool 
services 864 From 74130000-9 to 74133000-0 and 74423100-1, 
74423110-4 
11 Management consultancy and 
related services (5) 865, 866 From 73200000-4 to 73220000-0, from 741400 00-2 to 
74150000-5 (except for 74142200-8) and 74420000-9, 
74421000-6, 74423000-0, 74423200-2, 74423210-5, 
74871000-5, 93620000-0 
12 Architecture services; 
engineering and integrated 
engineering services; urban 
planning and architectural 
landscaping services; related 
scientific and technical 
consultancy services; technical 
trials and analyses services 867 From 74200000-1 to 74276400-8 and from 74310000 -5 
to 74323100-0 and 74874000-6 
13 Advertising services 871 From 74400000-3 to 7442 2000-3 (except for 74420000-9 
and 74421000-6) 
14 Building cleaning and property 
management services 874, 82201 to 
82206 From 70300000-4 to 70340000-6 and from 74710000-9 
to 74760000-4 
15 Publication and printing services 
for payment o r under contract  88442 From 78000000-7 to 78400000-1 
16 Sewage and waste disposal 
services; sanitation and similar 
services 94 From 90100000-8 to 90320000-6 and 50190000-3, 
50229000-6, 50243000-0 
  GPA/ACC/MDA/24 
 
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   Appendix IIB 
*) In case of different interpretations between CPV  and CPC, the CPC list will apply. 
Category 
no. Name of the services CPC reference no. (1) CPV refe rence no. 
17 Hotel and restaurant services 64 From 55000000-0  to 55524000-9 and from 93400000-2 
to 93411000-2 
18 Railway transport services 711 60111000-9 and fr om 60121000-2 to 60121600-8 
19 Water transport services 72 From 61000000-5 to 6 1530000-9 and from 63370000-3 
to 63372000-7 
20 Related and auxiliary transport 
services 74 62400000-6, 62440000-8, 62441000-5, 62450000-1, 
from 63000000-9 to 63600000-5 (except for 63370000- 3, 
63371000-0, 63372000-7) and 74322000-2, 93610000-7 
21 Legal services 861 From 74110000-3 to 74114000-1  
22 Personnel placement and supply 
services (1) 872 From 74500000-4 to 74540000-6 (except for 74511 000-
4) and from 95000000-2 to 95140000-5 
23 Investigation and security 
services, except for 
the services rendered with 
bulletproof vehicles 873 (except for 87304) From 74600000-5 to 74620000- 1 
24 Education and professional 
training services  92 From 80100000-5 to 80430000-7 
25 Healthcare and social services 93 74511000-4 and  from 85000000-9 to 85323000-9 (except 
for 85321000-5 and 85322000-2) 
26 Leisure, cultural and sport 
services 96 From 74875000-3 to 74875200-5 and from 92000000- 1 
to 92622000-7 (except for 92230000-2) 
27 Other services   
 
 
 
 
Appendix no. 3  
 
 
INFORMATION TO BE INCLUDED IN THE ANNOUNCEMENTS  
Appendix no. 3A 
 
INFORMATION TO BE INCLUDED IN THE ANNOUNCEMENTS FOR  PUBLIC 
PROCUREMENT 
 
SIMPLIFIED PRIOR INFORMATION ANNOUNCEMENT REGARDING  
PUBLICATION OF THE INTENT ANNOUNCEMENT 
 
1. Country of the contracting authority.  
2. Name of the contracting authority.  
3. Web address where the intent announcement is pub lished (URL).  
4. Reference number(s) in the CPV list.  
 
INTENT ANNOUNCEMENT  
 
1. Name, address, fax number, email address of the contracting authority and of the office where 
additional information is available, as the case ma y be. In case a services or works contract is to be  
awarded, the competent institutions and contact poi nts shall be indicated (including Internet 
address), which additional information can be obtai ned from about the general taxation, GPA/ACC/MDA/24 
 
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   environmental protection, occupational health and s afety and work conditions legislative 
framework applicable in the place where the perform ance is due to take place.  
2. As the case may be, there should be specified wh ether it is about a public procurement contract 
reserved to protected workshops or whose performanc e is foreseen within a protected employment 
programme.  
3. In case of a procurement of works: the nature an d size of the works; the place of execution; 
whether the work is divided into more lots; the cri tical features of the respective lots; if possible,  
the estimation of the costs the works in question i nvolve; the reference number(s) in the list.  
In case of a procurement of products: the nature an d quantity or value of the products to be 
supplied; the reference number(s) in the list.  
In case of a procurement of services: the total est imated value of the procurement in each category 
of services listed in appendix 2A; the reference nu mber(s) in the list.  
4. Provisional dates foreseen for initiation of the  contract(s) award procedures, specifying the 
category each one belongs to, in case of services c ontracts;  
5. As the case may be, it should be specified wheth er a framework agreement is to be concluded.  
6. As the case may be, other information.  
7. The date of sending the intent announcement for publication or, as the case may be, the date of 
sending the simplified prior information announceme nt for publication.  
8. It should be specified whether the contract is s ubject to the OMC Agreement (only in case of 
announcement sent for publication in the Official J ournal of the European Union).  
 
 
PARTICIPATION INVITATION FOR THE PUBLIC PROCUREMENT  CONTRACTS  
 
Open tender, restricted tender, competitive dialogu e, negotiation:  
1. Name, address, phone and fax number, email addre ss of the contracting authority.  
2. As the case may be, there should be specified wh ether it is about a public procurement contract 
reserved to protected workshops or whose performanc e is foreseen within a protected employment 
programme.  
3. (a) The selected award procedure;  
(b) As the case may be, the reason for applying the  accelerated procedure (in case of restricted 
tender and negotiation);  
(c) As the case may be, it should be specified whet her a framework agreement is to be concluded;  
(d) As the case may be, it should be specified whet her a dynamic procurement system is to be used;  
(e) As the case may be, it should be specified whet her an electronic tender is to be applied 
[pursuant to the provisions of art. 161 letter a)].   
4. Form of the contract.  
5. As the case may be, the place of works’ executio n, the delivery place of the products or the place 
of services’ provision.  
6. (a) For a procurement of works:  
- the nature and size of the works; the general fea tures of the work; it should be specified, if the 
case, the option to acquire certain new similar wor ks and, if known, the provisional schedule for 
application of this option, as well as the number o f possible renewals; in case the contract is 
divided into several lots, the size of the respecti ve lots; the reference number(s) in the list;  
- information about the objective of the work or co ntract, if it involves design too;  
- in case of a framework agreement, it should be sp ecified the foreseen term of the framework 
agreement, the total estimated value of the works t o be executed during the term of the framework GPA/ACC/MDA/24 
 
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   agreement, as well as, to the extent it is possible , the individual value and frequency of the 
contracts to be awarded.  
(b) Procedure for procurement of products:  
- the nature of the products to be supplied, indica ting also whether the procurement will be done by 
purchase, hire-purchase, lease, leasing or any comb ination thereof; the quantity of products to be 
supplied; to indicate, if applicable, the option to  acquire additional quantities and, if known, the 
provisional schedule for the application of this op tion, as well as the number of possible renewals; 
in case the contract is divided into several lots, the size of the respective lots; the reference 
number(s) in the list;  
- in case of regular or renewable contracts in the course of a certain period, it should be specified,  if 
known, the schedule of the award of the subsequent contracts;  
- in case of a framework agreement, it should be sp ecified the foreseen term of the framework 
agreement, the total estimated value of the product s to be delivered during the term of the 
framework agreement, as well as, to the extent to w hich it is possible, the individual value and 
frequency of the contracts to be awarded.  
(b) For a procurement of services:  
- the category and description of the service; the reference number(s) in the list; the quantity of 
services to be provided; it should be specified, if  the case, the option to acquire certain new simila r 
services and, if known, the provisional schedule fo r the application of this option, as well as the 
number of possible renewals;  
- in case of regular or renewable contracts in the course of a certain period, it should be specified,  if 
known, the schedule of the award of the subsequent contracts;  
- in case of a framework agreement, it should speci fy the foreseen term of the framework 
agreement, the total estimated value of provisions during the term of the framework agreement, as 
well as, to the extent to which it is possible, the  individual value and frequency of the contracts to  
be awarded;  
- it should be specified whether the provision of t he service is reserved, on the grounds of certain 
items of law, to a specific profession (to be indic ated in the relevant items of law);  
- it should be specified whether the legal entities  have to indicate the names and the professional 
qualifications of the personnel responsible for pro vision of the service.  
7. In case of contracts which are divided into lots , it should be specified the possibility for the 
business operators to submit bids for one, several or all the lots.  
8. The finalization term or duration of the works/s upply/services contract. If possible, the starting 
term of the works, the delivery term of the product s or, as the case may be, the provision term of 
the services.  
9. Acceptance or interdiction of alternative bids.  
10. If applicable, the special conditions the perfo rmance of the contract depends on.  
11. In case of an open tender:  
(a) the name, address, phone and fax number and ema il address of the office where the award 
documentation can be requested from (the tender spe cifications and any other additional 
documents);  
(b) as the case may be, the term for sending the re spective request;  
(c) as the case may be, the costs and the payment c onditions in view of obtaining the respective 
documentation;  
12. (a) The term for receiving the bids or the indi cative bids, in case of using a dynamic 
procurement system (open tender);  
(b) In case of a restricted tender or negotiation, the deadline for receiving the participation reques ts;  GPA/ACC/MDA/24 
 
- 83 - 
 
   (c) The address where they are to be submitted;  
(d) The language(s) which they have to be drawn up in.  
13. In case of an open tender:  
(a) the persons authorized to attend the opening of  the bids;  
(b) The date, time and place of opening the bids.  
14. If applicable, the guarantees requested.  
15. Main funding and payment means and/or reference s to the provisions regulating them.  
16. As the case may be, the legal form the associat ion of the group of business operators to whom 
the contract was awarded must have.  
17. Qualification/selection criteria regarding the personal situation of the business operators which 
can result into the exclusion of the latter, as wel l as the information/documents whereby they prove 
they are not in the case which justify exclusion. Q ualification/selection criteria regarding the 
business and financial standing, as well as the tec hnical and professional capacity of the business 
operator; information/documents the business operat or must submit for the evaluation of the 
minimum economical and technical capacities, if req uested. The minimum specific level(s) of the 
capacities requested.  
18. For the framework agreement: the number or, as the case may be, the maximum number of 
business operators the framework agreement will be concluded with, indicating, if applicable, the 
reasons which justify a term of the framework agree ment longer than four years.  
19. For competitive dialogue and negotiation with p rior publication of a participation 
announcement, it should be indicated, if applicable , the performance in several successive stages, 
to gradually reduce the number of solutions to be d iscussed or bids to be negotiated.  
20. For restricted tender, competitive dialogue and  negotiation with prior publication of a 
participation announcement, in case of applying the  option to reduce the number of candidates to 
be invited to submit a bid, participate in consulta tion or negotiate: the minimum number and, as the 
case may be, the proposed maximum number of candida tes and the objective criteria to be applied 
to select the respective number of candidates.  
21. The period of time during which the bidder must  maintain its bid valid.  
22. As the case may be, the name and address of the  business operators already selected by the 
contracting authority (negotiation).  
23. The contract award criterion: “lowest price” or  “the bid which is economically most 
advantageous”, as well as their share are to be ind icated only when they don’t appear in the award 
documentation or, in case of applying the competiti ve dialogue or negotiation, in the descriptive 
documentation.  
24. Name and address of the body competent to settl e the complaints. Accurate information about 
the complaint submission terms and, as the case may  be, the name, address, phone and fax number 
and email address of the office where such can be o btained from.  
25. The publication date of the intent announcement  or, as the case may be, specification that such 
an announcement was not published.  
26. The date of sending the participation announcem ent for publication.  
27. It should be specified whether the contract is subject to the OMC Agreement (only in case of 
announcement sent for publication in the Official J ournal of the European Union).  
 
 
 
 GPA/ACC/MDA/24 
 
- 84 - 
 
   THE SIMPLIFIED ANNOUNCEMENT FOR PARTICIPATION IN A PUBLIC 
PROCUREMENT CONTRACT WITHIN A DYNAMIC PROCUREMENT S YSTEM  
 
1. Country of the contracting authority.  
2. Name and email address of the contracting author ity.  
3. References regarding the publication of the part icipation announcement relative to a dynamic 
procurement system.  
4. The email address where the award documentation is available (tender specifications and 
additional documents) regarding the dynamic procure ment system.  
5. The subject matter of the contract: description using the reference number(s) in the CPV list and 
the quantities to be acquired or the size of the co ntract to be awarded.  
6. The deadline for the submission of the indicativ e bids.  
 
 
AWARD ANNOUNCEMENT  
 
1. Name and address of the contracting authority.  
2. The award procedure applied. In case of apply th e procedure regarding negotiation without 
publication of a participation announcement, to ind icate the supporting reasons.  
3. Works contract: nature and size of the performan ces, general features of the work.  
Supply contract: nature and quantity of the product s supplied, as the case may be, per supplier; the 
reference number in the list.  
Services contract: the category and description of the service; the reference number in the list; the 
quantity of services acquired.  
4. The date of awarding the public procurement cont ract.  
5. The award criteria for the public procurement co ntract.  
6. The number of bids received.  
7. The name and address of the winning bidder(s).  
8. Price or range of the prices paid.  
9. The value of the highest and lowest bid consider ed in view of awarding the public procurement 
contract.  
10. If applicable, the value and share of the contr act to be subcontracted.  
11. The date of publishing the participation announ cement.  
12. The date of sending the award announcement for publication.  
13. Name and address of the body competent to settl e the complaints. Accurate information about 
the complaint submission terms and, as the case may  be, the name, address, phone and fax number 
and email address of the office where such can be o btained from.  
 
 
 
 
 
 
 
 
 
 GPA/ACC/MDA/24 
 
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   Appendix no. 3B  
 
INFORMATION TO BE INCLUDED IN THE PARTICIPATION ANN OUNCEMENT 
RELATIVE TO CONCESSION OF WORKS/SERVICES 
 
1. The name, address, fax number, email address of the contracting authority.  
2. (a) The place of execution/provision of the work s/services;  
(b) The subject matter of the concession; the natur e and size of the works/provisions.  
3. (a) The deadline for the submission of the candi datures;  
(b) The address where they are to be submitted;  
(c) The language(s) which they have to be drawn up in.  
4. Personal, technical and financial conditions the  candidates must meet.  
5. Criteria used to award the contract.  
6. As the case may be, the minimum percentage of wo rks granted to third parties.  
7. The date of sending the participation announceme nt for publication.  
8. The name and address of the body competent to se ttle the complaints and, as the case may be, to 
mediate. Accurate information about the complaint s ubmission terms and, as the case may be, the 
name, address, phone and fax number and email addre ss of the office where such can be obtained 
from.  
 
 
 
Appendix no. 3C  
 
INFORMATION TO BE INCLUDED IN THE PARTICIPATION ANN OUNCEMENT 
RELATIVE TO CONCESSION BENEFICIARIES WHICH ARE NOT CONTRACTING 
AUTHORITIES 
 
1. (a) The place of execution of the works;  
(b) The nature and size of the performances; the ge neral features of the work.  
2. The potential execution term imposed.  
3. The name and address of the body where the tende r specifications and additional documents may 
be requested from.  
4. (a) The deadline for receiving the participation  requests and the bids;  
(b) The address where they are to be submitted;  
(c) The language(s) which they have to be drawn up in.  
5. If applicable, the guarantees requested.  
6. Economic and technical conditions the contractor  of the work must meet.  
7. Criteria used to award the contract.  
8. The date of sending the participation announceme nt for publication.  
 
 
 
 
 
 
 GPA/ACC/MDA/24 
 
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   Appendix no. 3D  
 
INFORMATION TO BE INCLUDED IN THE ANNOUNCEMENTS FOR  COMPETITION 
OF SOLUTIONS 
 
COMPETITION PARTICIPATION ANNOUNCEMENT  
 
1. Name, address, fax number, email address of the contracting authority and of the office where 
additional information may be obtained from.  
2. Description of the project.  
3. The type of competition: open or restricted.  
4. In case of an open competition: the deadline for  submission of the projects.  
5. In case of restricted competition:  
(a) the number of participants to be selected;  
(b) as the case may be, the number of participants already selected;  
(c) criteria to select the participants;  
(d) the deadline for the submission participation r equests.  
6. As the case may be, it should be specified if th e participation is reserved to a specific professio n.  
7. The criteria to be applied to the evaluation of the projects.  
8. The names of the jury members.  
9. It should be specified whether the decision of t he jury is binding on the contracting authority.  
10. As the case may be, the number and value of the  prizes.  
11. If applicable, it should be specified the payme nts to be made to all the participants.  
12. It should be specified whether, following the c ompetition, the contract(s) will be awarded or 
not to the winner(s) of the competition.  
13. The date of sending the participation announcem ent for publication.  
 
ANNOUNCEMENT REGARDING THE RESULT OF THE COMPETITIO N  
 
1. The name, address, fax number, email address of the contracting authority.  
2. Description of the project.  
3. The total number of participants.  
4. The number of foreign participants.  
5. The winner(s) of the competition.  
6. As the case may be, the prize(s) granted.  
7. References regarding publication of the competit ion participation announcement.  
8. The date of sending the announcement regarding t he result of the competition for publication.  
 
 
Art. II. – The Law on public procurement no. 96-XVI dated 13 April 2007 (the Official 
Gazette Monitorul Oficial of the Republic of Moldov a, 2007, no. 107-111, article 470), with its 
subsequent amendments and additions, shall be re-pu blished in the Official Gazette Monitorul 
Oficial of the Republic of Moldova. 
 
  Art. III. – The present Law shall enter into effect within a two months term from the 
date of its publication. GPA/ACC/MDA/24 
 
- 87 - 
 
   Art. IV. – All contracts under execution and award procedu res under development on the date 
when the present law is to enter into effect, shall  be finalized based on the legal provisions in 
effect on the date of initiation thereof. 
 
__________