GPA/ACC/MDA/15 
 
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 3 
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 shall have the following content: 
   
THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA 
 
L A W  
 
on public procurement no. 96-XVI of 13 April 2007  
 
 
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 a nd 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 contracts, published in the Official Journal of the European Union L 395 of 30 December 1989.  
Chapter I 
GENERAL PROVISIONS 
 
Article 1. Key concepts  
 
For the purposes of this law, the following key concepts shall be used: 
 GPA/ACC/MDA/15 
 
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 4(1) public procurement  - procurement of goods, execution of works or provision of services for 
the needs of one or several contracting authorities; 
(2) Public Procurement Agency  - specialised administrative authority subordinated to the 
Ministry of Finance, which performs supervision, control and inter-branch coordination in the field of 
public procurement; 
(3) Complaint Settlement Agency  - specialised administrative authority subordinated to the 
Ministry of Finance which settles the complaints lodged under the public procurement contracts award procedures; 
(4) contracting authority - authorities of the public administ ration, legal entities of public law, 
associations of such authorities or entities  
(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 into framework agreements concerning works, goods or services to the benefit of the contracting authorities. 
(6) public money  - sources of the state budget, budgets of the administrative and territorial units, 
state social insurance budg et, special funds, special sources of the public institutions, sources of the 
compulsory medical assistance insurance funds, external loans relative to the direct or secured state 
debts; 
(7) public procurement contract  - a contract executed for a due consideration, in writing, 
between one or several business operators and one or several contracting authorities, whose purpose is 
the acquisition of goods, execution of services or prov ision of services for the purposes of this law;  
(8) 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 Appendix no. 1, or the execution, by any means, of a 
work which meets certain needs indicated by the contracting authority. A “work” is the output of a set of construction works or public works meant to perform itself a 
business or technical function.  
(9) 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, lease 
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 work s, is deemed a “public procurement contract for 
goods”. 
(10) 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 than 
the value of the products covered by the said contract. A public procurement contract whose subject matter is the provision of services and which includes, 
but incidentally, activities relative to the contract fo r works, by reference to the main subject matter of 
the contract, is deemed a public procurement contract for services. GPA/ACC/MDA/15 
 
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 5(11) award documentation  - the documentation containing all the information related to the 
subject matter of the public procurement contract and to the award procedure of such contract, 
including the tender specifications, or, as the case may be, the descriptive documentation; 
(12) Procurement Task Force  - a group of experts in the contracting authority which develops 
public procurement procedures; 
(13) open tender  – a public procedure in which any interested business operator may submit a 
bid; 
(14) restricted tender  – a public procedure in which any business operator may ask to participate, 
but only the business operators preselected by the contracting authority are allowed to submit bids; 
(15) electronic means - means using electronic processing equipment, including digital 
compression, and equipment for storage of the data which is transferred, sent and received by cable, 
radio, optical means or any other electromagnetic means; 
(16) bidder – the business operator who submitted a bid in the award procedure of the public 
procurement contract; 
(17) candidate - any business operator who submitted its candidature in a restricted tender, 
negotiation or competitive dialogue procedure; 
(18) candidature - documents whereby a candidate supports its personal situation,  
the capacity of exercising professional activ ities, 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 applying the restricted tender, negotiation  
or competitive dialogue procedure; 
(19) business operator  - supplier of goods, constructor of works and/or provider of services, who 
can be any individual or legal entity, any public enti ty or association of such persons and/or entities, 
who supplies goods on the market, executes works and/or provides services; 
(20) 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; 
(21) financial offer – part of the bid, comprising informatio n related to the price, tariffs and other 
financial and commercial conditions relevant to meet the requirements put forward through the award documentation; 
(22) technical proposal  - part of the bid, developed based on the requirements specified in 
technical specifications or, by case, in the descriptive documentation; 
(23) concession of public works  - is a contract which has the same characteristics as a public 
procurement contract for works, except for the consideration for the works executed, which can only 
consists of the right to operate the work or the right to operate and a payment; 
(24) concession of services - is a contract which has the same characteristics as a public 
procurement contract for services, except for the consideration for the services rendered, which can 
only consists of the right to  operate the services, or the right to operate and a payment; 
(25) 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 the case may be, the quantities envisaged; 
(26) a dynamic procurement system - is an acquisition system, fully electronic, for consumer 
goods whose characteristics, which are generally available on the market, meet the requirements of the contracting authority, being limited in time and open for the entire period to any business operator who 
meets the selection criteria and submits an indicative bid, pursuant to the tender specifications. GPA/ACC/MDA/15 
 
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 6(27) electronic tender  - is a repetitive process which implies an electronic means of presentation, 
in descending order, of the new prices and new values 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 works, cannot fall into the scope of the el ectronic tenders. 
(28)  
 competitive dialogue  - is a procedure any business operator may ask to participate in and in 
which the contracting authority enters into a dialogue 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;  
(29) negotiated procedures  - mean the procedures in which the contracting authorities consult 
with the business operators in respect of their options and negotiate the contractual conditions with one 
or several of them; 
(30) competition of solutions - mean procedures which allow the contracting authority to acquire, 
in particular in the area of land improvement, urban planning, architecture and engineering or data 
processing, a plan or a project selected by a jury after its launch in the competition, with or without prize giving. 
(31) Common Procurement Vocabulary, CPV  - designates any reference list applicable to 
public procurement contracts; 
(32) SIA „RSAP”  – Automated Information System “State Register of Public Procurement”; 
(33)  
   technical specifications -  a set of technical instructions contained in particular in the tender 
specifications, which define the characteristics requ ired for a certain material, product or good and 
which allow the characterization thereof so that they would meet the use pursued by the contracting 
authority. Among the respective characteristics we list the levels of environmental performance, design 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 labelling, 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 construction techniques and methods and all the other 
technical conditions the contracting authority is able to provide under general or specific regulations in 
respect of the completed works and the materials or elements thereof; 
(34) technical specification -  a specification indicated in a document which defines the 
characteristics required for a product or service, as well as the quality levels, environmental performance levels, design for all types of uses (including access of disabled people) and assessment 
of the compliance, performance, use of the product, safety or the sizes thereof, including the 
instructions applicable to the product in terms of the name under which it is sold, vocabulary, symbols, tests and testing methods, packing, marking and labelling, use instructions, production processes and 
methods, as well as the comp liance assessment procedures; 
(35) standard -  is understood to be a technical specification approved by a designated 
standardization body in view of a repeated or permanent use, which is not binding and can be included 
in one of the following categories: 
a) international standard: a standard adopted by  an international standardization body and made 
available to the public; GPA/ACC/MDA/15 
 
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 7 b) European standard: a standard adopted by an European standardization body and made 
available to the public; 
c) national standard: a standard adopted by an national standardization body and made 
available to the public; 
(36) common technical specification -  is understood to be any technical specification drawn 
up in accordance with a procedure recognized by the Member States and published in the Official Journal of the European Union; 
(37) technical reference -  is understood to be any product developed by the European 
standardization bodies, other than official standards, according to a procedure adapted to market 
requirements development;  
 
Article 2. Scope of the law  
 
(1) This law applies to the public procurement contracts 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 services - lei 80,000; 
a) for public procurement contracts for works - lei 100,000; 
(2) This law is also applied by a legal entity wh ich is not a contracting authority in case of 
awarding public procurement contracts subsidized more 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 higher 
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 value, less the value added tax, does not 
exceed the thresholds referred to under para. (1) are performed in accordance with the regulation for the small value public procurement contracts, as approved by the Government. 
(5) This law applies as such to the various forms of public 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 lega l authorities is has, grants to a law subject, 
which is not defined as contracting authority, special or exclusive rights to render a public service, has 
the obligation to impose, under the authorization it 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 to observe the principle of non-discrimination by the 
law subject benefiting of special rights shall be imposed even when the contracting authority has not expressly stipulated this clause in the issued authorization.  
 
    Article 3. Determination of the estimated value of the public procurement contracts and the 
planning of such contracts 
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 8(1) The determination of the estimated value of a public procurement contract is based in the 
total value due to be paid, less the value added tax,  as estimated by the contracting authority. The 
structure of the total value due to be paid includes any form of consideration, including bonuses, charges, fees, profit obtained and/or payment of  bonuses or other payments to the benefit of the 
bidders, also taking into account any potential form of option and any potential prorogations of the 
contract. 
(2) The estimated value of the public procurement contract has to be determined before the 
commencement of the award procedure for the respective 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 contracting authority aims to acquire products which 
also require installation and commissioning operations/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 th e value 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 th e value 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 estimation method varies based on the length of the relevant 
contract, as follows:  
a) if the duration of the contract is determined and is shorter than or equal to 12 months, then 
the estimated value needs to be determined by summing-up all the instalments payable throughout the 
duration of the respective contract;       b) if the duration of the contract is determ ined and is longer than 12 months, then the estimated 
value needs to be determined by summing-up the value of the instalments payable throughout the 
duration of the respective contract, plus the estimated residual value of the products at the end of the term the contract was concluded for;  
c) if the contract is executed for an unlimited duration or if the duration thereof cannot be 
determined on the date of estimation, then the es timated 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 contract would refer to the following computation basis:       a) either the total value of all similar supply contracts awarded in the last 12 months, adjusted, 
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 supply contracts which are expected to be awarded 
in the following 12 months, as of the time of the first delivery.  
(7) If the contracting authority intends to acquire similar products, but broken-down in lots 
whose acquisition is done by awarding several individual supply contracts, then the estimated value 
will be deemed the aggregate value of all the lots. In case 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 the 
procedure of the request for quotations only in respect of the lots which meet, cumulatively, the 
following conditions:  GPA/ACC/MDA/15 
 
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 9     a) the estimated value, less the VAT, of the respective lots is smaller than or equal to lei 
200,000;  
    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 services contract in respect of which it cannot 
anticipate the total price of performance, but it can 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 determined and does not exceed 48 months, then the 
estimated value needs to be determined taking into  consideration the entire du ration of the contract;  
a) when the duration of the contract cannot be determined or exceeds 48 months, then the 
estimated value needs to be determined by multiplying the monthly value by 48. 
(9) If the contracting authority aims to award a services contract which has to be renewed after a 
given period, then the estimated value of such contract would refer to the following computation basis:      a) either the total value of all similar services  contracts awarded in the past 12 months, adjusted, if 
possible, with the foreseeable modifications which c ould 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 first performance.  
(10) If the contracting authority intends to acquire similar services, but broken-down in lots whose 
acquisition is the subject matter of certain individual  services contracts, then the estimated value will 
be deemed the aggregate value of all the lots. In case 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 the 
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 resp ective lots is smaller than or equal to lei 200,000;  
    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 services to be rendered.  
(11) If the contracting authority aims to acquire in surance 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 services.  
(12) If the contracting authority aims to acquire banking or other financial services, then the 
estimated value of these services contracts is determined based on the charges, fees, interests and any 
other forms of consideration relati ve to the respective services.  
(13) If the contracting authority aims to acquire design, urban planning, engineering and other 
technical services, then the estimated value of these services contracts is determined based on the fees 
to be paid, as well as on other forms of cons ideration relative to the respective services.  
(14) If the contracting authority intends to acquire works 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 estimated value of the respective works contract has to 
include both the cost of the work to be executed, as well as the total value of the listed facilities.  
(15) If the subject matter of the works contract is represented by the execution of a set of works 
which involves, as the case may be, supply of equipments, installations, machineries or related 
facilities, then the estimated value is determined gi ving consideration to the total value of the entire 
set.  GPA/ACC/MDA/15 
 
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 10(16) If a work allows execution on items/lots, in re spect of which the contracting authority aims to 
award, to one or several constructors, distinct works contracts, then the estimated value has to be 
determined taking into consideration the aggregate va lue 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 contracting authority has the right to apply the procedure 
of the request for quotations only in respect of th e items/lots which meet, cumulatively, the following 
conditions:      a) the estimated value, less the VAT, of the respective item/lot is smaller than or equal to lei 
1,000,000; 
b) the aggregate value of the items/lots this exception is applied to does not exceed 20% of the 
total estimated value of the work.  
(17) If the contracting authority aims to organize a competition of solutions, then the estimated 
value which needs to be taken into consideration is determined as follows:       a) if the competition of solutions is organized as an independent procedure, then the estimated 
value includes the value of all prizes/amounts to be awarded to the competitors, including the 
estimated value of the services contract which could be entered into afterwards, provided that the contracting authority did not exclude this possibility in the competition participation announcement;  
     b) if the competition of solutions is organized as part of a procedure awarding a services 
contract, then the estimated value taken into cons ideration is the estimated value of the respective 
services contract, including the valu e of the potential prizes/amounts to be awarded to competitors.  
(18) If the contracting authority intends to conclu de a framework agreement, then the estimated 
value is considered to be the maximum estimated value, less the VAT, of all public procurement contracts anticipated to be awarded under the respective framework agreement, throughout its term.  
(19) If the contracting authority intends to use a dynamic procurement system, then the estimated 
value is considered to be the maximum estimated value, less the VAT, of all public procurement contracts anticipated to be awarded using the dynamic procurement system, throughout its term.  
 
    Article 4. Exceptions  
 
(1) The provisions of this law do not apply to: 
a) public procurement contracts, awarded by contracting authorities, developing their activity 
within the water, energy, transport and post service 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 development services, other than those whose 
benefits rest exclusively with the contracting authorities for use within their own activities, provided 
that the service rendered would be fully remunerated by the contracting authority and their price does not exceed or is within the limits of the market prices for such services; 
c) public procurement contracts whose subject matter is arbitration and/or conciliation services; 
d) public procurement contracts regarding the issuance, purchase, sale or transfer of securities, 
other than financial instruments, in particular fund s or capital raising operations of the contracting 
authorities; 
e) contracts for printing banknotes and minting coins, as well as transportation thereof; 
     f) contracts with adhesion nature, concluded by the National Bank of Moldova with 
international financial institutions, non-resident business operators, covering the supply of goods, GPA/ACC/MDA/15 
 
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 11works and services to support the servicing of th e 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 annual 
financial statements, accounts and registers of the National Bank; 
g) services provided by the National Bank of Moldova; 
h) concession contracts for public goods and services; i) public procurement contracts declared secret, pursuant to the legislation, provided their 
performance demands special security measures provided for by the legislation; 
j) public procurement contracts whose subject matter is employment contracts; 
k) public procurement contracts awarded by a contracting authority to another contracting 
authority or to an association of contracting authoritie s based on an exclusive right they are entitled 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 and services in connection with the 
manufacturing or trading of weapons, ammunition and armament systems; 
n) public procurement contracts regulated by various norms of procedure and awarded: 
      -under an internationa l agreement entered into by the Republic of Moldova and one or 
several third countries regarding the goods or works required for the joint execution or operation of a 
work by the signatory states or regarding the services required for the joint execution or operation of 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 third country;     - pursuant to the specific procedure of an international organization. 
o) public procurement contracts concluded by the diplomatic missions and consular offices of 
Republic of Moldova, in cases when the value thereof does not exceed the thresholds stipulated under art. 2 para (3). Nevertheless, the diplomatic missions and consular offices of Republic of Moldova 
have the obligation to observe the princi ples regulated under art. 6 of this law. 
       (p) contracts whose subject matter is the acquisition or lease, through any financial means, of land, existing constructions or other real estate or 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 regulated by this law.  (q) contracts related to the purchase, developmen t, production or joint production of shows to 
be broadcast by radio and television broadcasting institutions. 
 (r) public procurement contracts based on which the 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 cont ract whose subject matter is the provision of the 
services included in the category in appendix no. 2B, then the obligation to apply this law is valid only 
in respect of the contracts whose value is equal to or higher than the one set out under art. 2 para. (3) 
and limits to the provisions of art. 37 and art. 29 and the application, throughout the award procedure, of the principles laid down under art. 6. Any comp laints in connection with the procedure to award 
contracts regarding the services included in Appendix no. 2B are settled pursuant to the provisions 
under Chapter XII.      (3) If the subject matter of the public procurement contract referred to under para. (2) is, in addition 
to the provision of services included in the category in appendix no. 2B, also the provision of services GPA/ACC/MDA/15 
 
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 12included in the category in appendix no. 2A, the provisions of para. (2) are applicable only if the 
estimated value of the services included in appendix  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 services 
included in both appendix no. 2B, as well as in appendix no. 2A, for the purpose of benefiting from the 
application of the provisions of para. (2) when they award the respective public procurement contract.  Article 5. Special regime  
 
    (1) Contracting authorities in the field of national defence, public order, national safety and security, 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 be 
reserved by the Government to some of the protected workshops in cases when the majority of interested employees are people of disabilities wh ich, based on the nature or seriousness of their 
disability, can not carry out a professional activity under normal conditions.  
     (3) In case that the participation in the aw ard procedure is done in accordance with the provisions 
of para. (2), the contracting authority has the obligati on to explicitly indicate this in the participation 
announcement for the award procedure.  
     Article 6.  Principles regulating the relations  concerning public procurement  
 
The regulation of the relations concerning public procurement 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 competition in public procurement; 
d) environmental protection and promotion of sustainable 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-discrimination in respect of all the bidders and business 
operators;     i) proportionality;  
    j) mutual recognition; 
    k) assuming accountability in the public procurement procedures;  
Article 7. Legal framework  
 
(1) The public procurement relations are regulated by this law and other items of law, by the 
Government decisions adopted in accordance with this law.  
(2) In case the international treaty Re public of Moldova is a party to lays down other norms than the 
ones provided for by this law, the norms of the international treaty shall apply. 
 GPA/ACC/MDA/15 
 
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 13 
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 Ministry of Finance, established for the purpose 
of supervision, control and inter-branch coordination in the field of public procurement. The 
Agency has a functional autonomy.  
(2) The Agency has its own balance sheet, settlement account, 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 it s duties through its territorial subdivisions.  
 
Article 9.  The basic duties of the Agency in the field of public procurement  
     (1) The Agency has the following basic duties:  
a) to implement the normative acts in the field of public procurement and to draw up proposals to 
amend and complement the publ ic procurement legislation; 
b) to coordinate, monitor, evaluate and control th e way the contracting authorities comply with the 
public procurement and public contract award procedures;  
c) to draw up, update and maintain the list of qualified 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 submitted by the contracting authority within 10 
days from the date of their submission to the Agency; 
f) to review the reports on public procurement;  
g) to review and register the public procurement contracts concluded following the procurement 
procedures, except for the ones concluded following the procedure involving a request for 
quotations; 
h) to request the re-examination of or to cancel, as the case may be, the results of the public 
procurement procedures;    
i) to manage the automated register of public procurement; 
j) to provide the contracting authorities with methodological support and consultations in the field 
of public procurement, to initiate and support training actions in respect of the personnel of the 
contracting authorities involved in the organization and performance of the public procurement 
procedures and in the award of the public procurement contracts; 
k) to issue the Public Procurement Newsletter, to draw up and maintain in the global network the 
Internet website “Public Procurement in the Republic of Moldova”, containing the invitations 
and information about public procurement pro cedures and awarding of public procurement 
contracts; 
l) to produce, quarterly and annually, reports and statistical analysis regarding public 
procurement; GPA/ACC/MDA/15 
 
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 14m) to request and obtain from the competent bod ies information about the business operators 
participating in the public procurement procedur es, as well as any information they need to 
carry out their duties; 
n) to cooperate with similar international instituti ons and foreign agencies active in the field of 
public procurement; 
o) to coordinate the activities of using foreign technical 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 management thereof 
     The activity and management of the Agency are performed 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 wh ich 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 authorit ies, defined under the legislation of the Republic of 
Moldova, legal entities of public law, associations of such authorit ies or persons, including the legal 
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; 
b) which has legal personality; 
c) whose activity is supported with public funds or whose management is subject to the control of 
the public authorities or other legal entities of public law, or whose board of directors, 
managing or supervisory board is formed, more than 50%, of members appointed by the above mentioned entities. GPA/ACC/MDA/15 
 
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 15(3) The contracting authority can also be an association of contracting authorities, whose members 
appoint, among themselves, under a civil legal instru ment, a legal entity to represent them as sole 
purchaser, in the relations with any business operator, constructor of works or provider of services.  
    (4) The passing of a Government decision ma y also qualify as contracting authorities other legal 
entities which have the obligation to make public pr ocurement, pursuant to this law, in case their 
activity is carried out on markets where competition is excluded under an item of law or an administrative deed or by virtue of an existing monopolistic position.     (5) Any other entity which does not cumulative ly 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 strict 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 procedures for the purpose of meeting the needs for the 
same goods, works or services of  several contracting authorities. 
     (7) It is deemed that the contracting authorities, which are purchasing works, goods and services 
through a central procurement authority in the meaning of para (6), fulfilled the provisions of the 
present law, to the extent to which the respective central procur ement authority fulfilled it.   
 
 
    Article 13. Performance of the duties by the contracting authorities: 
 
    (1) The contracting authority performs its du ties through a procurement Task Force established in 
this respect and formed of public servants and experts of the contracting authority, mastering professional experience in the field of public procurement, within the limits of the documented 
personnel. Based on the subject matter of the procur ement, the contracting authority may set-up one or 
several procurement Task Forces.     (2) The contracting authority is entitled to also involve, if necessa ry, in the procurement Task Force, 
as consultants, specialists and experts in the field of the procurement. In cases expressly provided for 
by the legislation, such specialists and experts are involved in the Task Force having also the right to cast votes.  
 
     Article 14.   The duties of the Task Force in the field of public procurement 
 
(1) The Task Force shall have the following assignments: 
a) draw up annual and quarterly public procurement plans; 
b) draw up invitations within the public procurement procedures; 
c) draw up tender documents and other documents applicable in the public procurement 
procedures; 
d) initiate and carry out publi c procurement procedures; 
e) ensure wide participation of the business operators in the public procurement 
procedures; 
f) review, evaluate and compare the bids of the business operators submitted in the public 
procurement procedures; 
g) execute public procurement contracts with business operators; GPA/ACC/MDA/15 
 
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 16h) draw up reports on the results of the public procurement 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 drawn up and applied in the public 
procurement procedures; 
(2) The contracting authority has the obligation to: 
a) ensure the efficiency of the public procurement procedures; 
b) ensure objectivity and impartiality in the public procurement procedures; 
c) ensure transparency and publicity of the public procurement procedures; 
d) supply, upon the request of the Agency, any information regarding the execution and 
performance of public procurement contracts. 
 
 
Section 2. Business operator 
 
Article 15.   Participation of the business operato r in the public procurement procedures 
(1) Any business operator having the status of entrepreneur, 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 Repub lic 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 business operators) may be bound to obtain a certain form 
of legal status when such transformation is necessary for the proper performance of the contract.     
(4) The bidder/candidate who, in accordance with the legislation of the state where it is 
established, is allowed to perform a certain activity, cannot be excluded from an award procedure for 
the single reason that, in accordance with the national legislation, this type of activity can be performed only by legal entitie s or only by individuals. 
 
  
Chapter IV 
QUALIFICATION DATA AND AWARD CRITERIA 
 
 
Article 16.   Qualification data of the business operators  
 
(1) To substantiate the qualification data in the public procurement procedures, the business 
operator will submit the documents issued by the competent 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 contracting authority has the obligation to determine, GPA/ACC/MDA/15 
 
- 17 - 
 
 17for each individual procedure, the qualification criteria and the necessary support documents which 
have to be submitted by business operators.  
(2) The contracting authority will consider the right of the business operator to have its 
intellectual property and trade secret protected. 
(3) The contracting authority evaluates the qualification data of the business operator pursuant to 
the criteria and means indicated in the documents issued to attract the bids.  
(4) In the event the qualification data submitted by the bidder/candidate are incorrect or 
incomplete to an immaterial extent, the contracti ng authority has the obligation to ask for further 
clarifications before making the decision to disqualify the bidder. The contracting authority may 
disqualify the bidder in any stage of the procurement procedure if it finds that the qualification data submitted by the latter are incorrect or incomplete, as well as in other cases provided for by this law 
and by other items of law and norms. 
(5) The contracting authority is entitled to reque st clarifications and supplements to the 
documents submitted. The bidder/candidate may be di squalified if it fails to supply the additional 
information requested by the contra cting authority within the terms set by the latter (usually within 
minimum 72 hours, unless the procedure applied is a request for 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 personal 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 defending 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 about the legal status, involvement or non-involvement of the business operator in criminal organizations or groups, as well as any other data 
about the bidder and business operator, respectively, 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 comply with the principle of proportionality 
when determining the qualification and selection criteria, as well as the level of the minimum 
requirements the bidders/candidates have to meet.  
(10) The qualification and selection criteria indicate d in the participation invitation/announcement 
have to be the same as the ones indicated in the award documentation.  
 Article 17. Qualification and selection criteria  
 
The contracting authority is entitled to apply qualification and selection criteria, related to and 
proportionate to the object of the contract, regarding 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;  GPA/ACC/MDA/15 
 
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 18e) quality assurance standards;  
f) environmental protection standards.  
 
Article 18. Personal situation of the candidate or bidder 
 
(1) The contracting authority has the obligation to exclude from the procedure applied to award 
the public procurement contract any bidder/candidate of which it has information that, in the past 5 
years, was convicted, by  final court decision, for particip ation in the activities of criminal 
organizations, corruption, fraud, and/or money laundering.  
(2) The contracting authority has the right to exclude from a procedure awarding the public 
procurement contract any bidder/candidate which finds itself in any of the following situations:  
      a) went bankrupt under a court decision;  
b) was in default of its obligations to pay the ta xes, 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, under a final court decision,  for a deed which impaired on the professional ethics or for having committed a  
professional mistake.  
    d) submitted forged information or faile d to submit the inform ation requested by the 
contracting  
authority for the purpose of supporting the fulfilment 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 accept, as both sufficient and relevant to 
support the fact that the bidder/candidate is not in one of the situations provided for under para. 1 and 
para. 2, any document deemed self-evident in this respect 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 authorities 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 established, such requests regard individuals and 
legal entities, including, as the case may be, managers of companies or any other person with 
representation, decision-making or control powers in respect of the candidate or the bidder.  
(5) If in the country of origin or in the countr y where the bidder/candidate is established no 
documents having the character of the ones stipulated 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 executed in front of a notary public, an administrative or legal authority or a professional association having authority in this field. 
 
Article 19. Capacity of exercising professional activities   GPA/ACC/MDA/15 
 
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 19 
(1) The contracting authority has the right to ask any business operator to submit relevant 
documents supporting a form of registration as individual or legal entity and, as the case may be, 
certifying or attesting professional membership, accord ing to the legal provisions in the country where 
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 established, 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 contract during a previous period, which regard the activity in maximum the past three years, to the extent such  information is available; in this last case, the 
contracting authority has the obligation to consid er also the date when the business operator was 
established or commenced its business activity.  
(2) If, for objective and grounded reasons, the busi ness operator does not have a possibility to 
submit the documents requested by the contracting authority, it has the right to prove its business and 
financial standing also by submitting other documents the contracting authority might find relevant, to 
the extent they reflect a true image of the busine ss and financial standing of the candidate/bidder. 
(3) If the contracting authority requests proving of the business and financial standing, it has the 
obligation to also indicate in the award documentati on the information the business operators would 
submit in this respect. 
(4) The business and financial standing of the bidder/candidate may be supported, for the 
performance of a contract, by other persons, irrespective of the nature of the existing legal relations 
between the bidder/candidate and the person in question. 
(5) In case the bidder/candidate proves its business and 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, usually 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 excl usion 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 
 GPA/ACC/MDA/15 
 
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 20(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 specif ics, quantity and complex ity of the products to 
be supplied and only to the extent to which this information is relevant for the performance of the 
contract, the following: 
a) a list of the main deliveries of products performed during the past 3 years, including values, 
periods of delivery, beneficiaries, whether such beneficiaries are contracting authorities or private 
customers. Such deliveries of products shall be confirmed by submitting certificates/documents issued or countersigned by an authority or by the beneficiary. If the beneficiary is a private customer and, for objective reasons, the business operator is unabl e 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 resources;  
c) information regarding the personnel/technical specialised body it has available or whose 
participation commitment was obtained by the candidate/bidder, in particular to ensure quality control;  
d) certificates or other documents issued by th e authorized bodies in this respect, supporting 
conformity of the products, clearly identified by refe rences to relevant specifications or standards;  
e) samples (to the extent to which the submissi on thereof 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 specifics, volume and complexity of the services to 
be provided and only to the extent to which this information 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 beneficiaries are contracting authorities or private clients. 
Performance of such services will be confirmed by the submission of certificates/documents issued or 
countersigned by an authority or by the private beneficiary. If the beneficiary is a private customer 
and, for objective reasons, the business operator is  unable to obtain a certificate/confirmation from 
such customer, the performance of the services is 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 resources;  
c) information regarding the personnel/technical specialised body it has available or whose 
participation commitment was obtained by the candidate/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 for the performance of the services contract.  
e) a statement on the annual average employed and management staff numbers during the past 
3 years;  
f) if applicable, information regarding the environmental protection measures the business 
operator can apply during performance of the services contract;  GPA/ACC/MDA/15 
 
- 21 - 
 
 21g) information regarding the machineries, plants, technical equipments the business operator 
has available for the proper performance of the services contract;  
h) information regarding the share of the cont ract 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 spec ifics, volume and complexity of the works 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 works executed during the past 5 years, accompanied by good execution 
certificates for the most important works. The respec tive certificates shall indicate the beneficiaries, 
whether they are contracting authorities or private customers, the period and place of execution, as 
well as whether such works were executed in accordance with the professional norms of the industry 
and completed;  
b) information regarding the personnel/technical specialised body it has available or whose 
participation commitment was obtained by the candidate/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 responsi ble for execution of the works;  
d) a statement on the annual average employed and management staff numbers during the past 
3 years;  
e) if applicable, information regarding the e nvironmental 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 works contract;  
g) information regarding the sh are of the contract the business operator potentially intends to 
subcontract. 
(4) If the contracting authority requests proving of the technical and/or professional capacity, it 
has the obligation to also indicate in the award documentation the in formation the business operators 
would submit in this respect. 
(5) The technical and professional capacity of the bidder/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 person in question.  
(6) In case the bidder/candidate proves its technical and 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, usually 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 resources 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  
 GPA/ACC/MDA/15 
 
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 22(1) If the submission of certain certificates, issued by 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 standards based on the series of relevant European standards, certified by bodies in co mpliance with the series of Eu ropean certification standards.  
(2) In accordance with the principle of mutual recognition, the contracting authority has the 
obligation to accept equivalent certificates issued by the bodies established in the other states of the 
European Union.  
If the business operator does not hold a quality cert ificate as requested by the contracting authority, the 
latter has the obligation to accept any other evidence produced by the respective business operator, to 
the extent the evidence submitted confirms that a appropriate quality level is assured.  (3) If the business operator holds other certifications than the ones requested by the contracting 
authority, then the business operator has the obligation, under the sanction of rejection of bid, to 
request from the contracting authority a confirmation 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 by independent bodies, attesting the fact that 
the business operator complies with certain environm ental 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 based 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 recognition, the contracting authority has the 
obligation to accept equivalent certificates issued by the bodies established in states of the European 
Union. If the business operator does not hold an environmental certificate as requested by the 
contracting authority, the latter has the obligation 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 obligation, under the sanction of rejection of bid, to 
request from the contracting authority a confirmation 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 procedures. 
    (2) Enrolment in the List of qualified business operator is not compulsory and occurs upon the request of the business operator, subject to the latter 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 Government. GPA/ACC/MDA/15 
 
- 23 - 
 
 23 
    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 the 
purpose of limiting, for a 3-year period, the participation of business operators in the public 
procurement procedures provided for by this law.     (2) The list of banned business operators is drawn up, updated and maintain by the Agency pursuant to the regulation approved by the Government. 
 
Article 26.   
Award criteria for the public procurement contract  
 
(1) The contracting authority has the obligation to indicate in the participation announcement the 
award criteria relative to the public procurement contract.  
(2) Notwithstanding the legislative or administrative provisions 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 economically 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 with the highest score as resulting from application of a 
system of evaluation factors establishing relative weights.  
(4) If, for objective reasons which the contracting authority can thoroughly substantiate, the accurate 
determination of the relative weights for each individual evaluation factor is impossible, the contracting 
authority has the obligation to indicate in the participation announcement and in the award documentation at least the descending order of the importance of the evaluation factors to be used.  
(5) The contracting authority has the obligation to clearly indicate in the participation 
invitation/announcement, as well as in the award documentation, the evaluation factors together with the 
relative weights thereof.  
(6) The contracting authority has the obligation to indicate in the award documentation the 
computation algorithm or the specific scoring methodology of the advantages to result from the technical 
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, profitability, quality, aesthetic, functional and 
technical characteristics, technical servicing possibilities and costs, technical assistance, other elements 
deemed significant for the evaluation of the bids  - in case of public procurement contracts for goods. The 
share of the price out of the total evaluation  of the 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 contracts for works; The share of the price out of the total evaluation of the bids will not be lower than 80%; 
    c) quality offered, unit cost of the bidder’s product, total price, 
other elements deemed 
significant for the evaluation of the bids , etc. - in case of public procurement contracts for services; The 
share of the price out of the total evaluation  of the bids will not be lower than 40%;  
 GPA/ACC/MDA/15 
 
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 24Chapter V 
PUBLICITY AND TRANSPARENCY  
 
Article 27. Intent announcement  
 
    (1) The contracting authority has the obligation to publish in the Public Procurement Newsletter an 
intent announcement regarding the contemplated public procurement procedures. The contracting 
authority has the obligation to include in the announcement at least the information contained in appendix 
no. 3A and, if necessary, other information deemed useful by the authority. 
    (2) In case of the public procurement procedures under art. 2 para.(3), the intent announcement will 
be also published in the “Official Journal of the European Community”.        (3) The intent announcement will be published separately for goods, works and services, within 
maximum 30 days since the approval date of the respective contracting authority’s own budget.  
    (4) The intent announcement will include all public 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 compulsory.      (5) Publication of the intent announcement does not oblige the contract ing authority to actually 
make the respective procurement.  
     Article 28.  General rules for drawing up and publication of the invitation to submit bids 
 
    (1) The contracting authority is obliged to published the invitation to submit bids, hereinafter referred to as the invitation, in the Public Procurement Newsletter and on the Agency’s website, in all 
the cases provided for by this law, pursuant to the procurement procedure applied. In case of the public 
procurement procedures under art. 2 para.(3), the in vitation will be also published in the “Official 
Journal of the European Community”.     (2) The invitation will be published in the state language and, as the case may be, in one of the 
international languages.  
    (3)Standard forms, approved in this respec t, allowing the publicity of the public procurement 
procedures, shall be used when drawing up and executing the invitation.
 The contracting authority has 
the obligation to include in the invitation/announcement at least the information contained in appendix no. 
3A and, if necessary, other information deemed useful by the contracting authority, using the standard forms adopted by the European Commission. 
    (4) For the purpose of ensuring maximum transparency, the contracting authority has the right to 
publish the invitation also in other means of mass media, either national or international, but only 
subsequent to the publication of the respective invita tion in the Public Procurement Bulletin and on the 
Agency’s website. The invitation published also in other local, national or international means of information will indicate the number and date of the Public Procurement Bulletin in which the 
invitation was published and will not contain other in formation than the ones already published in the 
given bulletin.      (5) The invitation will be published within certain terms which allows  all interested business 
operators, subject to no discrimination whatsoever, real possibilities of pa rticipating in the award 
procedures relative to the public procurement contract.     (6) If, after publication of the invitation, but before the deadline set for re ceiving the bids, there is GPA/ACC/MDA/15 
 
- 25 - 
 
 25any need of correction, the corrected invitation will be published in the same means of mass 
information and will have the same value as the or iginal invitation, in wh ich case the contracting 
authority will extend the deadline to allow potential bidders to make the necessary amendments. The contracting authority will also extend the deadline in cases when, irrespective of reasons, the technical 
specifications or the additional inform ation, 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 appended to the technical specifications. Deadlines for bid submission shall be  extended in the way to allow all interested 
business operators to get access to the whole information necessary to formulate their bids.   
        Article 29. Award announcement 
 
    (1) The contracting authority has the obligation to publish an award announcement in the Public Procurement Bulletin and on the Agency’s website, no later than 30 calendar days since the date when: 
  
a) it completed the award procedure - open tender, restricted tender, competitive dialogue, negotiation 
with/without prior publication of a participation announcement, request for quotations - by awarding the 
public procurement contract or executing the framework agreement;  b) it completed a competition of solutions by determining the winning competitor;  
c) it awarded a public procurement contract through a dynamic procurement system. 
 
   (2) When awarding public procurement contracts through 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 proced ures under art. 2 para.(3), the announcement will be 
also published in the “Official Journal of the European Community”.     (4)  The award announcement relative to the public 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 fo rms adopted by the European Commission. 
 
 
    Article 30. Information and the award of the procurement contract 
 
(1) The contracting authority has the obligation to inform the business operators involved in the 
award procedure of the decisions regarding the resu lt of the selection, th e result of the award 
procedure relative to public procurement contract or the procedure for execution of the framework 
agreement, admission to a dynamic system of procur ement, the result of the competition of solutions 
or, as the case may be, cancellation of the award procedure and potential subsequent commencement of a new procedure, in writing and as soon as possible, 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 indicated by bidders in their bids. In any case this fact 
shall be recorded. GPA/ACC/MDA/15 
 
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 26(3) In case the contracting authority does not send the communication regarding the result of 
applying the procedure also by fax or electronic means, then the terms set out under art. 31 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 candidate(s) about the acceptance of the submitted 
bid(s)/candidature(s). 
(5) In the communication referred to under para. (1), the 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 respective decision, as follows:  
a) to each rejected candidate, the actual reasons for the rejection its candidature;  b) for each rejected bid, the actual reasons on which 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 compliant bid, but which was not declared 
the winning bid, the features and relative advantages of the winning bid(s) as compared to its bid and the name of the bidder to be awarded the public procurement contract or, as the case may be, of the 
bidders a framework agreement wo uld be entered into with;  
(6) The tender documentation may include the requirement for the bidder whose bid was 
declared winner to sign the procurement contract within 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 determined 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 procurement contract or did not submit the guarantee 
requested for the execution of the contract, the contra cting authority is entitled to reject the bid and 
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. 
      
 Article 31. Terms for execution of the contracts 
 
(1) The contracts which fall into the scope of th is law may be executed only once the following 
waiting terms have elapsed:  
     a) 11 days since the date of sending the communication 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 out under art. 2 para. (3);  
a) 6 days since the date of sending the communication 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 u nder para. (1), are void.  
(3) Compliance with the terms set out under para. (1) is optional in the following cases:  GPA/ACC/MDA/15 
 
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 27a) when this law does not provide for an obligation to publish an participation announcement 
or invitation;  
b) when the respective contract/framework ag reement is to be execu ted 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 framework 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, notification 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 impo se in the award documentation the means of 
communication it intends to use durin g application of the procedure.  
(4) The business operator has the right to send a request to participate in the award procedure 
through any of the means stipulated under art. 33 or by phone; in this last case, the business operator 
has the obligation to confirm the participation request in writing, as soon as possible.  
(5) The contracting authority has the right to impose that any request to participate in the award 
procedure, which was sent by fax, is confirmed, within 3 days, by a mailed letter or through electronic 
means. In this case, the contracting authority has the obligation to indicate the respective requirement, 
as well as the term in which it has to be met in the participation announcement.  
(6) The business operator has the right to submit the bid only by mail or through electronic 
means, should such possibility be provide d in the invitation for participation. 
(7) In case the contracting authority determines that the bids are to be mailed, the bidder has, 
implicitly, the right to deliver the bid directly to th e headquarters of the contracting authority or to 
another address indicated by the latter.  
(8) The contracting authority has the right to determine that the participation requests and/or bids 
may be submitted also through electronic means, provided only that the following requirements are 
met:  a) the information about the specif ic possibilities of electronic tr ansfer, including encrypting, is 
available to any interested business operator;  
b) the electronic receipt devices properly secure the integrity and confidentiality  of the received data;  
c) the business operators have to submit the requested documents, certificates, declarations and similar 
before the submission deadline, if they are not available in electronic format.  
(9) Securing the integrity and confidentiality of the re ceipt data entails the fact that the electronic 
devices, based on their technical features and/or the specific procedures used, allow that at least the 
following conditions are cumulatively met:  
a) the exact time of receiving the bids or partic ipation requests, as well as, if applicable, certain 
plans/projects, can be accurately determined;  
b) no person has access to the data transmit ted before the date transmission deadline;  GPA/ACC/MDA/15 
 
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 28c) 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 the 
receipt data;  
e) access to the received data is possible, in all the stages of the process, only through the simultaneous 
action of two authorized persons/systems and only after the visualization date set pursuant to the provisions of letter d);  f) after the visualization date of the received data, access to the respective data remains possible only 
for persons authorized to vi sualize the respective data. 
(10) Communications, exchanges of information and storage thereof are done so that data integrity 
and confidentiality of the bids and participation requests are secured, and the analysis of the content of 
the bids and participation requests by the contracting authority is ensured only after the expiration of 
the term set for their submission. 
(11) The tools used for electronic communication, as well as the technical features thereof should 
be permanently available to the public and co mpatible with the general information and 
communication technologies. 
(12) Application of the electronic bid’s transmission and receipt devices, as well as of the 
electronic devices relative to the participation requests takes place in observance of the following 
rules:     a) the information about the necessary specifica tions of the electronic submission of the bids and 
participation requests, including encryption, has to 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 exchan ges 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.     (2) The means of communication selected have to be generally accessible and should not limit the 
access of the business operators to the public procurement contracts award procedure.  
     Article 34. Clarifications  
 
(1) Any interested economic operator is entitled to request 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 clarifica tion, 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, where such period shall not exceed one business day.  
(3) The contracting authority has the obligation to send the responses, accompanied by the 
relevant questions, to all business operators who obtained, subject to the conditions of this law, the 
award documentation, taking measures not to disclose the identity of the person who requested such 
clarifications and it will further post them in SIA “RSAP”.   GPA/ACC/MDA/15 
 
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 29(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 operators no later than: 
(a) 6 days before the deadline set for submission of 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 of the candidatures, in case of a the 
restricted tender, negotiation with publication of an announcement. 
(c) 3 days before the deadline set for submission of the bids, in case the estimated value 
of the contract is smaller than the thresholds under 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 reques t 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 the 
possibility not to respond. If the contracting authorit y decides to send the response to the request for 
clarifications, it has the obligation to extend the term set for submission of the bids so that the term 
under para.(4) is met. In this case, extension of the term for the bids submission does not extend the 
right to request clarifications. 
(6) The contracting authority has the obligation to open the candidatures/bids on the date, at the 
time and at the address indicated in the participation 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 the bidder to confirm the documents submitted, subject 
to the conditions set for this category of documents.  
    Article 36. Rules regarding the terms for submission and receipt of the participation requests and 
bids  
    (1) The business operator, interested to participate in the public procurements procedure, has the 
obligation to submit, in this sense, a request of participation before the deadline established by the contracting authority.    
 
    (2) The deadline for submission and receipt of the participation requests and bids will be sufficient to allow business operators, both in the country and abroad, to prepare and submit the bids before the 
closure of the award procedure.  
    (3) When setting the deadline, the contracting au thority shall take into account the complexity of the 
contemplated procurement procedures, the anticipated subcontracting area and the usual time required 
to mail the bids from the country and abroad. 
    (4) The contracting authority is responsible for setting the deadline for submission and receipt of the participation requests and bids. 
 GPA/ACC/MDA/15 
 
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 30    Article 37.  Rules regarding description of the goods, works and services 
 
(1) The characteristics of the goods, works and services requested by the contracting authority 
shall represent an accurate and complete description of the subject matter of the procurement, so as 
each requirement and criterion, set by the contracting authority, shall be met. 
(2) The characteristics of the subject matter of the procurement have to match the requirements 
of the contracting authority in respect of quality, efficiency, testing, security, dimensions, symbols, terminology, packing, means of transportation, marking, labelling, production processes and methods, 
as well as the procedures for determining its compliance with the requirements of the award 
documents. 
(3) When drawing up the technical characteristics, designs, technical drawings, drafts and 
descriptions requested by the contracting au thority, the following shall be included:  
    a) the physical description of the requested goods, works and services, based on the objective and 
relevant technical and qualitative characteristics;  
    b) the operation qualities of  the goods and efficiency of the wo rks and services, in case physical 
description is impossible or the efficiency parameters prevail;      c) the description of the requested goods, works and services shall employ the characteristics, 
requirements, symbols and standard terms or recognized international and internationally 
recognized national standards, as approved by the national standardization body.  
(4) The technical characteristics sh all neither refer to 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 sufficient ly accurate presentati on of the procurement 
requirement exist, and such reference cannot be avoided, 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 case may be. 
(6) The technical specifications shall be defined so as to match, whenever possible, the 
needs/demands of any user, including disabled people. 
(7) The technical specifications have to allow each bidder equal access to the award procedure 
and won’t have the effect of creating undue barriers to restrict competition between business operators. 
(8)  Notwithstanding the national compulsory technica l regulations, to the extent to which they 
are compatible with the Community law, the contra cting 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, international standards or other technical references drawn up by national/European standardization bodies; should such be absent, then the technical specifications are defined by reference to other national technical standards, homologations or 
regulations regarding the use of products or the design, computation and execution of the works. Any 
such reference has to be accompanied by the specification “or equivalent”; or  
b) by articulating the requested operational performances and/or requirements which have to be 
sufficiently precise to allow bidders  to determine the subject matter of the public procurement contract 
and the contracting authority to award the respective contract; or  GPA/ACC/MDA/15 
 
- 31 - 
 
 31c) both by articulating the requested operational performances and/or requirements, as stipulated under 
letter b), as well as by references to the common technical standards, homologations, specifications indicated under letter a), as means of presuming the compliance with the respective level of 
performance and operational requirements; or  
d) by articulating the requested operational performances and/or requirements, as stipulated under 
letter b), for certain characteristics and by referenc e to the technical standards or homologations 
indicated under letter a), for other characteristics. 
 
(9) If the contracting authority defines the technical  specifications in the tender specifications, 
opting for the means provided under para. (8) letter a), then no bid may be rejected on the ground that 
the products or services included in the technical proposals are not compliant with the indicated specifications, provided that the bidder proves, through any adequate means, that the technical 
proposal submitted meets, in an equivalent manner, the requirements of the contracting authority, as 
defined in the techni cal specifications. 
(10) If the contracting authority defines the technical specifications in the tender specifications by 
articulating the requested operationa l performances and/or requirements, then no bid may be rejected 
if the bidder proves, through any adequate means, that the products, services or works offered support 
the achievement of the requested operational performances 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 European Community;  
d) an international standard;  
e) other technical regulations issued 
by European standardization bodies.  
(11) Adequate means of supporting compliance with the technical specifications can be the 
technical file of the manufacturer or a trial/testing report issued by a recognized body, such as, as the 
case may be, an independent trial and calibration laboratory or a certification and inspection body which ensures the observance of the applicable national/European standards; the contracting authority 
has the obligation to accept the certificates issued 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 with environmental characteristics in terms 
of the operational performance and requirements, then it has the right to use, entirely or in part, the 
specifications defined as European or (multi)national “eco-labels” or as any other “eco-labels” if the 
following conditions are cumulatively met:  
a) the respective specifications are adequate to define the characteristics of the products or 
services whose supply/provision makes up the subj ect matter of the public procurement contract;  
b) the requirements for ”eco-label” have been scientifically developed;  
c) the “eco-label" was adopted by a specific procedure that allowed the involvement of all 
interested parties - government bodies, consumer s, producers, distributors, environmental 
organizations;  
d) the “eco-label" is accessible/ available to any interested person;  GPA/ACC/MDA/15 
 
- 32 - 
 
 32(14) The contracting authority is entitled to specify in the Tender Specifications the fact that the 
products or services offered with a certain “eco-l abel" are considered to automatically meet the 
requested technical specifications. On the other hand, the contracting authority is not entitled to deem that a technical proposal is not compliant simply because the products or services offered do not have 
a specified "eco-label", if the bidder proves by any adequate means that the products/services offered 
meet the requested technical specifications. 
(15) The contracting authority has the right to impose in the award documentation, to the extent 
such are compatible with the Community law, speci al terms of performing the contract aimed at 
obtaining certain social or environmental protection effects and the promotion of sustainable 
development.  
    Article 38.  The award documentation 
     (1) The contracting authority has the obligation 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 sha ll examine, prior to submitting the participation 
announcement for publication, the compliance of award documentation with the provisions of the 
public procurement legislation. 
(3) Within maximum 10 days from the date of award documentation receipt, the Public 
Procurement Agency: 
a) either registers the award documentation; or 
b) informs the contracting authority about the identified non-compliance of award 
documentation and on the reasons of non-compliance with the provisions of the public 
procurement legislation. 
 
      (4) The award documentation, re-submitted by the contracting authority pursuing the incidence of 
provisions under para (3) letter b), shall be examined by the Public Procurement Agency within maximum 5 days from the date of repeated receipt thereof.  
 
     (5) The award documentation is drawn up and published 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 specified in the award documentation. All business 
operators are entitled to make references to the aw ard documents and word th e requirements in the 
language of the bid. 
 GPA/ACC/MDA/15 
 
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 33     Article 39.  Explanations regarding the tender documents and amendment thereof  
 
(1) The business operator may ask the contracting authority to provide explanations regarding the 
tender documents. To any such request, the contracting authority will reply in accordance with the 
provisions of Article 34. 
(2) Until the expiration of the deadline for submissi on of the bids, the contracting authority has 
the right to amend the tender documents, either upon its  own initiative, or as a response to a request for 
explanations by a business operator. The information about the amendments is communicated 
forthwith to all business operators who the contracting 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 di stributed forthwith to all business operators the 
contracting authority offered tende r documents, will be published in SI A “RSAP” in compliance with 
the provisions of art. 34, so that they can cons ider 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 to 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 bid if it finds that the business operator which submitted 
it proposes or agrees to propose, directly or indirectly, to any person holding an accountability position 
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, decisions or application of a procurement procedure to the benefit of such business operator.  
    (2) Rejection of the bid and the reasons of rejection shall be documented in the report on the 
procurement procedure and communicated forthwith to the business operator in question.      (3) The Agency shall report forthwith to the competent 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 through 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 in respect of their obligations concerning taxes, environmental protection, occupational health and safety and work conditions  in the Republic of 
Moldova, to be applied to the works executed or services provided during the contract performance 
term.     (2) The contracting authority which supplies the information stipulated under para.(1) requests the 
bidders to indicate that, in drawing up their bids, th ey took into consideration the applicable health and 
safety provisions and work condition in the place where the works or services are to be executed or provided. 
 GPA/ACC/MDA/15 
 
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 34Article 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 content, during the entire validity term set by the 
contracting authority. 
(3) The business operator has the obligation to subm it the bid to the address and before the limit 
date and time set for submission in the participation announcement or invitation.  
(4) The risks related to the submission of the bid, including force majeure, shall be borne by the 
business operator. 
(5) Bids submitted to a different address of the cont racting 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 until the date set for the opening thereof, and 
the contracting authority shall learn of the cont ent of the respective bids only after such date. 
(7)  The contracting authority has the right to allo w the bidders to submit additional bids, called 
alternative bids, but only in case the bids’ evaluation criterion is the bid which is technically and economically most advantageous. Only the alternative bids may depart, to a certain extent, from the 
requirements laid down in the documentation concerning the drawing up and submission of the bid. 
 
(8) The contracting authority has the obligation to include in the tender documents minimum 
binding requirements to be met by the alternative bids in order to be considered. 
(9) The participation invitation shall explicitly indicate whether the submission of alternative bids is 
allowed or forbidden. Should such specification be absent, the contracting authority is not entitled to 
consider alternative bids.  
(10) The contracting authority does not have the right to 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 the proposed solution supports the appropriate fulfilment of all the technical requirements requested by the contracting authority;  
b) could be declared winner in case:  
    - the public procurement contract for goods, which the contract award procedure was organized for, turns into a public procurement contract for services; 
    - the public procurement contract for services, which the contract award procedure was organized 
for, turns into a public procurement contract for goods.  
(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 procurement file, as well as the ones to be sent to 
the Agency, are determined under the regulation approved by the Government. 
 
 GPA/ACC/MDA/15 
 
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 35Chapter 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 procurement contract is the open tender and restricted 
tender. Other procurement procedures may be used, but only subject to conditions expressly stipulated 
under this law. 
(3) The contracting authority may use special award means 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. 
 
      (4)  Specific regulations on performing public procurements for consultancy/advising services are set forth by the Government. 
 
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 invitation to participate in the open tender 
in order to inform the potential bidders, so that they 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 since 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 equ al to or higher than the value thresholds set out under 
art. 2 para. (3) , the period between the date of sending the participation 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 days. GPA/ACC/MDA/15 
 
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 36(5) If the contracting authority published an intent announcement regarding the public 
procurement contract to be awarded, it has the right 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 participation announcement, to the extent to which they 
were known on the date of publishing the intent announcement 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 publication 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 electronic format the entire award documentation and 
allows, as of the publication date of the participation announcement, direct and unrestricted access of 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 application of the provisions of para. (7) by 5 days.  
(9) The reduction stipulated under para. (8) is permitted only in case the participation 
announcement contains details regarding the Internet address where the documentation is available.  
(10) Any interested business operator is entitled to request 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 make the award documentation available to the business 
operator as soon as possible, within a term whic h will 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 under para. (11) will not lead to a situation in which the award documentation would be made available to it with less than two days before the deadline for submission of the bid.
 
 
    Article 46.  Invitation to tender 
 
(1) The invitation to the open tender is drawn up 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 do cuments to the business operators pursuant to 
the provisions laid down in the invitation to tend er. The fee the contracting authority is entitled to 
charge for the tender documents includes only the expenses incurred with their printing and delivery to 
the business operator. The protected workshops, in the light of article 5 paragraph (2), shall be offered these documents free of charge.  
  
   Article 48.  Tender documents 
 
(1) The structure and content of the tender documents are established on the standard 
documentation approved by the Ministry of Finances. 
 
Section 3.  Restricted tender  GPA/ACC/MDA/15 
 
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 37 
Article 49.  Conditions for the performance of the restricted tender 
 
(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 appl ying the selection criteria, in accordance with 
the provisions of art. 16-25;  
b) the stage of evaluating the bids submitted by the selected candidates, by applying the award criterion.  
(3) The restricted tender is initiate d by sending a participation a nnouncement for publication in 
the Public Procurement Bulletin, in accordance with appendix no. 3A, asking the interested business operators to submit candidatures. The period between the date of sending the participation 
announcement for publication in the Public Procurement 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  indicated under paras. (3) and (4) cannot be 
observed, the contracting authority has the right to accelerate application of the procedure by reducing 
the period set out under paras. (5) and (6), however down to no less than 15 days prior to the deadline 
for candidature submission; or can not be less than 10 days in case that the announcement is sent by 
electronic means. 
(6) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the period se t out under para. (1) may be reduced by 7 days, and 
the period set out under para. (7) may be reduced by 5 days.  
(7) If the contracting authority publishes in electronic fromat the entire award documentation, 
direct and unrestricted access of the business operators to this documentation is ensured as of the 
publication date of the participation announcement.  
(8) Any business operator has the right to submit its candidature for the first stage of the 
restricted tender procedure.  
(9) The contracting authority has the right to limit the number of candidates to be selected to 
submit bids, provided that there is a sufficient number of available candidates. When selecting the 
candidates, the contracting authority has the obligation to apply objective and non-discriminatory 
criteria, using only the selection cr iteria laid down in the participat ion announcement in this respect.  
(10) The contracting authority has the obligation to indicate in the participation invitation the 
applicable selection criteria and rules, the minimum number of candidates it intends to select and, if 
applicable, the maximum number thereof.  
(11) The minimum number of candidates, as indicated in the 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 stage of the restricted tender has to be at 
least equal to the minimum number indicated in the participation announcement.  GPA/ACC/MDA/15 
 
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 38(13) In case the number of candidates who meet the selection 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 restricted 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 the bids, the qualified business operators, the 
contracting authority runs the pre-qualification procedure, with the application of the provisions of articles 16-25. 
(2) In case of applying the pre-qualification procedur e, the contracting authority will offer one set 
of pre-qualification documents to each business operator which requests such, pursuant to the invitation to participation in the pre-qualification and pays fo r the cost of such documents. Payment will include 
only the costs of printing and delivering the documents 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 submission of the applications for the pre-
qualification; 
b) a brief description of the main clauses of the procurement contract to be concluded following 
the procurement procedures; 
c) specification of the documents the business operator 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 for submission; 
e) any other requirements regarding preparation and submission of the applications for pre-
qualification and the procedure thereof, which the co ntracting authority establishes in accordance with 
this law, with other items of law and norms and with the standard documentation. 
(4) The contracting authority has the obligation to respond to any action of the business operator 
concerning the pre-qualification documents, observing the terms indicated in Article 34. The response to 
any such action will be sent to all business operators 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 qualification 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 business 
operators. Only these business operators shall participate further in the procurement procedure. 
(7) Candidates are informed pursuant to Article 30 hereto. 
  
 GPA/ACC/MDA/15 
 
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 39Article 51. Sending the participation invitation 
 
(1) The contracting authority has the obligation to send, at the same time, also invitations to 
participate in the second stage of the restricted tender procedure to all selected candidates.  
(2) Invitation to the second stage of the restricted tender of a business operator who did not 
submit a candidature in the first stage or didn’t meet the selection criteria is forbidden.  
(3) The invitation to participate in the second stage has to contain at least the following 
information:  
a) references regarding the published participation announcement;  
b) limit date and time set for submission of the bids;  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 additio nal 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 through electronic means in SIA “RSAP”, 
the contracting authority has the obligation to includ e in the participation invitation also information 
about the way such documentation can be accessed.  
(5) If the upload of the award documentation in  SIA “RSAP” is not possible for technical 
reasons, the contracting authority has the obligation to send the participation invitation accompanied 
by a copy of the award documentation to all candidates selected.  
(6) If the estimated value of the public procurement contract is equal to or higher than the one set 
out under art. 3 para. (2), the contracting authority has the obligation to send the participation 
invitation at least 40 days before the deadline for submission of the bids.  
(7) If the contracting authority published an intent announcement regarding the public 
procurement contract to be awarded, it has the right to reduce the period set out under para. (6) down 
to, usually, 36 days, and under no circumstances down 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 participation announcement, to the extent to which they 
were known on the date of publishing the intent announcement 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 participation announcement, direct and unrestricted access of 
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 permitted only in case the participation 
announcement contains details regarding the Internet address where the documentation is available. 
(11) If, for urgency reasons, the number of days indicated under paras. (6) and (7) and (10), as 
well as the ones resulted following application of the provisions of para. (12) cannot be observed, the 
contracting authority has the right to accelerate application of the relevant procedure, but to no less 
than 10 days.  GPA/ACC/MDA/15 
 
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 40(12) If the estimated value of the public procurement contract is smaller than the one set out under 
art. 3 para. (2), the contracting authority has the oblig ation to send the particip ation invitation at least 
20 days before the deadline for submission of the bids.  
(13) If the contracting authority publishes in electronic format the entire award documentation and 
allows, as of the publication date of the participation announcement, direct and unrestricted access of 
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 permitted only in case the participation 
announcement contains details regarding the Internet address where the documentation is available . 
 
Section 4. Other public procurement procedures 
 
    Article 52.  Competitive dialogue  
 
(1) The competitive dialogue is an open tender procedure, divided into three stages, applicable to 
all highly complex procurement contracts, and in whose case the application of the open or restricted tender procedure would not allow the award of the public procurement contract in question, which any 
business operator may ask to participate in and in which the contracting authority maintains a dialogue 
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 complex in case the contracting authority is 
not able to: 
  a) define, for objective reasons, the technical means which can meet its needs and objectives, 
and/or 
b) determine, for objective reasons, the legal and financial nature of a project. 
(3) If the public procurement contract is awarded by applying the competitive dialogue 
procedure, the award criterion employed shall be only 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 admitted following the pre-qualification, to identify 
the solution(s) able to meet the needs of the contracting 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 operators to submit candidatures.  
(6) If the estimated value of the public procurement contract is equal or smaller than the one set 
out under art. 2 para. (3), the period of time between 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 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 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.  GPA/ACC/MDA/15 
 
- 41 - 
 
 41(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. (7) may be reduced by 7 days.  
(9) Any business operator has the right to submit its candidature for the first stage of the 
competitive dialogue procedure.  
(10) In the pre-qualification of the candidates, the contracting authority has the obligation to apply 
objective and non-discriminatory criteria, using only  the pre-qualification criteria laid down in the 
participation announcement in this respect.  
(11) The contracting authority has the obligation to indicate in the participation announcement the 
applicable pre-qualification criteria and rules, the minimum number of candidates it intends to pre-
qualify and, if applicable, the maximum number thereof.  
(12) The minimum number of candidates, as indicated in the 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 stage of the competitive dialogue has to be 
at least equal to the minimum number indica ted in the participation announcement.  
(14) In case the number of candidates who meet the pre-qualification criteria is smaller than the 
minimum number indicated in the participation announcement, the contracting authority has the right 
to:  
a) either cancel the competitive dialogue procedure;  b) or to continue with the competitive dialogue procedure only with that/those candidate(s) 
who meet(s) the requested criteria.  
(15) The contracting authority has the obligation to send, 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; 
b) or a reference for accessing the technical specification and other documents , specified 
under letter a), provided those are directly available in electronic format  
(16) Invitation to the second stage of the competitive dialogue of a business operator who did not 
submit a candidature in the first stage or didn’t meet the pre-qualification criteria is forbidden.  
(17) The invitation to participate has to contain at least the following information:  
a) references regarding the published participation announcement;  
b) the address of the venue of the competitive dialogue, 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 send the participation invitation accompanied 
by a copy of the award documentation, which will include also the descriptive documentation.  
(19) If the award documentation is available directly through electronic means, the contracting 
authority has the obligation to include in the participation invitation information about the way such 
documentation can be accessed.  
(20) The contracting authority has the obligation to include in the descriptive documentation at 
least a description of the needs, objectives and constraints of the contracting authority, based on which GPA/ACC/MDA/15 
 
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 42the competitive dialogue will be carried out to identify reliable solutions, as well as, if the case, the 
bonuses to be awarded to the participants in the dialogue.  
(21) The contracting authority has the right to provide in the descriptive documentation the 
possibility of running the dialogue in successive ro unds, for the purpose of reducing the number of 
solutions discussed. Successive reduction of the solutions discussed is done only based on the 
evaluation factors which were established in the award documentation.  
(22) The contracting authority carries out the dialogue with every individual admitted candidate. 
This dialogue features discussion of the options rega rding the technical aspects, financial assemblages, 
means of solving certain problems in connection with the legal framework, as well as any other 
elements of the future contract, so that the solutio ns identified would meet the objective needs of the 
contracting authority.  
(23) During the dialogue, the contracting authority ha s the obligation to procure application of the 
principle of equal treatment to all participants. To this end, the contracting authority does not have the right to supply information in a discriminatory manner, which is liable to create an additional 
advantage for one or several participants against the other ones.  
(24) The contracting authority has the obligation no t 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, which 
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 contract.  
(27) The contracting authority has the obligation to send the invitation to submit the final bid with 
a sufficient number of days in advance of the deadline for submission of the bids, so that every 
selected participant is allowed a reason able 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 during 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 contain at least the following information:  
a) references regarding the published participation announcement;  
b) limit date and time set for submission of the bids;  
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 dialogue;  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 authority 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.  GPA/ACC/MDA/15 
 
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 43(31) The contracting authority has the right to ask the bidder identified as having submitted the bid 
which was economically most advantageous to reconfirm 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 amendments to the basic features of the bid or the 
solutions which underlie the launch  of the invitation to submit the final bids, liable to distort the 
competition or create an additional advantage against the other bidders. 
(33) The means of performing the procurements through competitive dialogue is determined in the 
regulation approved by the Government 
     Article 53. Negotiated procedures 
 
(1) The contracting authorities may award public procurement contracts under a negotiated 
procedure, after publication of a participation announcement: 
     a) in case of submitting an incorrect or unacceptable bid under an open or restricted procedure, 
request for quotation s or competitive dialogue, unless the initial conditions of the contract are 
materially modified. The contracting authorities are entitled not to publish a participation 
announcement if they include in the negotiated procedure all the bidders or only the bidders who meet 
the qualitative selection criteria and presented, in the previous open or restricted procedure or competitive dialogue, bids compliant with the formal 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 pricing; 
     c) in the area of services, including intellectual ones, such as design of works, to the extent to which, due to the nature of the services to be rendered, the specifications of the contract cannot be 
determined with sufficient accuracy to allow the award of the contract by selecting the bid pursuant to 
the rules regarding the open or restricted procedure;      d) in case of public procurement contracts for works executed or services rendered exclusively 
for the purpose of research and development or experimentation and not to secure a profit or cover for 
the research and development costs. 
(2) In the cases indicated under para. (1), in order to identify the bid which is most advantageous, 
the contracting authorities negotiate with the bidders the bids they submitted in order to adapt such to 
the requirements set out in the participation anno uncement, the tender spec ifications and potential 
additional documents. 
(3) In the case under para. (1), letter a), the c ontracting 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 the descriptive documentation.  
(4) The negotiation with prior publication of a participation announcement is initiated by sending 
a participation announcement for publication, asking 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 prior to the deadline for submission of candidatures. 
(6) If the estimated value of the public procurement 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 GPA/ACC/MDA/15 
 
- 44 - 
 
 44publication 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 stipulated under para. (5) cannot be observed, the 
contracting authority has the right to accelerate the application of the procedure by reducing the period 
set out under para. (5), however down to no less than 15 days.  
(8) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the period se t out under para. (5) may be reduced by 7 days, and 
the period set out under para. (6) may be reduced by 5 days.  
(9)  Any interested business operator is entitled to request and obtain a copy of the 
descriptive/award documentation.  
(10) The contracting authority ha s the obligation to make the descriptive documentation available 
to the business operator as soon  as possible, within a term whic h 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 part icipate in the negotiation 
procedure with prior publication of a participation announcement.  
(13) In the pre-qualification of the candidates, the contracting authority has the obligation to apply 
objective and non-discriminatory criteria, using only  the pre-qualification criteria laid down in the 
participation announcement in this respect.  
(14) The contracting authority has the obligation to  indicate in the particip ation announcement the 
applicable pre-qualification criteria and rules, the minimum number of candidates it intends to pre-qualify and, if applicable, the maximum number thereof.  
(15) The minimum number of candidates, as indica ted 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.  
(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 announcement, the contracting authority has the 
obligation to cancel the procedure concerning negotiation with prior publication of a participation 
announcement.  
(18) The contracting authority has the obligation to send, at the same time, invitation to participate 
in the second stage of the procedure concerning negotiation with prior publication of a participation 
announcement to all preselected 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; 
b) or a reference for accessing the technical specification and other documents , specified 
under letter a), provided those are directly available 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 meet the pre-qualification criteria is forbidden.  
(20) The invitation to participate has to co ntain at least the following information:  
a) references regarding the published participation announcement;  GPA/ACC/MDA/15 
 
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 45b) 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 re quest clarifications regarding the descriptive 
documentation.  
(22)The contracting authority shall respond in a clear, complete and unambiguous manner, at the 
shortest time possible, to any requested clarification, pursuant to the provisions of Article 34. 
(23) The contracting authority has the obligation to send the responses, accompanied by the 
relevant questions, to all selected candidates, taking measures not to disclose the identity of that who 
requested such clarifications.  
(24) The contracting authority negotiates individually with each preselected applicant. The 
negotiations are aimed at determining all technical, financial and legal aspects of the future contract.        
(25) During the negotiations, the co ntracting authority has the obligation to procure application of 
the principle of equal treatment to all candidates. To  this end, the contracting authority does not have 
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 not to disclose, without the content of the 
candidate in question, the proposed bid or other confidential information presented by the latter.  
(27) The contracting authority has the right to provide in the descriptive documentation the 
possibility of running the negotiations in successive rounds, for the purpose of reducing the number of 
bid proposals subject to negotiation. Successive reduction of the bid proposals is done only based on 
the evaluation factors which were established in the award documentation.  
(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 through negotiation with publication of an 
announcement is determined in the regulation approved 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 thro ugh negotiation without 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 conditions of the contract have not been modified 
substantially;   
     b) to the extent to which it is strictly necessary, for maximum urgency reasons, as a result of 
certain events the contracting authority in question could not foresee, the terms for the open procedure 
or the procedure concerning negotiation with publication of a participation announcement cannot be met. The situations relied on to justify maximum urgency should not be imputed to the contracting 
authorities; 
the contracting authority does not have the right to set the contract term for a period longer GPA/ACC/MDA/15 
 
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 46than the necessary one in order to cope with the urgency which determined the application of the procedure 
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 availabl e to one single business 
operator or one single business operator has priority 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 publi cation of a participation announcement, if: 
     a) such goods are produced only for the purpose of research and development or experimentation; This provision does not apply to the quantitative production aimed at determining the 
commercial reliability of the product or depreciate the costs of research and development; 
     b) the public procurement contract regard s additional deliveries made  by the initial suppliers, 
aimed either at the partial replacement of the goods or current use systems, or at the expansion of the 
existing goods or system, should replacement of th e supplier force the contracting authority to acquire 
a technical material with different features, leading 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 contract cannot exceed 3 years; 
     c) the goods to be acquire are listed and bought on a raw materials exchange;      d) the public procurement contract regards the acquisition of goods under highly advantageous 
conditions, from a supplier which finally terminates 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 services, the contracting authority makes 
acquisitions through negotiation without publication of a participation announcement if the contract in question is the result of a competition of solutions a nd, pursuant to the applicab le 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 the 
winners of the competition shall be inv ited to participate in the negotiations. 
(4) In case of public procurement contracts for works and services, the contracting authority 
makes acquisitions through negotiation without publication of a participation announcement: 
     a) for the additional works or services which are included neit her in the initial estimated project 
nor in the initial contract and have become necessary for the execution of the works or provision of the services indicated therein, as a result of an unforeseen situation, provided that the contract is awarded 
to the business operator who executes the respective work or renders the respective service: 
         b) if the respective additional works or services cannot be separated, technically or economically, from the subject matter of the initial contract wit hout creating a major inconvenient for the contracting 
authorities; or 
           c)if the respective works or services, even if they can be separated from the subject matter of the initial contract, are strictly necessary for the 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 the 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 co mpliant 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; GPA/ACC/MDA/15 
 
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 47(5) The possibility to apply the situations indicated under para.(4) letter b) is announced at the 
same time with the launch of the invitation to pa rticipate in the first project, and the contracting 
authorities shall consider the total value estimated for the continuation of the works or services. The 
situations specified under paras.(1)-(4) can be applied only in a 3-year period since the date when the 
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 negotiations a number of business operator, sufficient to ensure a 
real competition. 
(7) The means of performing the procurements through negotiation without publication of an 
announcement is determined in the regulation approved by the Government.  
    Article 55. The request for quotations 
 
    (1) The contracting authority, through the request for quotations, may award public procurement 
contracts for goods, works or services, which ar e presented 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, besi de the price, also other requirements, to be taken 
into consideration in evaluation of the price offers. In this case, the requests for quotations shall 
indicate each such requirement and a relative value thereof.  
    (3) Each business operator may submit one single  price offer, without having the right to change it. 
No negations shall be carried out on such offer between the contracting authority and the bidder.(4) 
The bid which meets all the requirements for the lowest price will be declared winner.  
    (5) In case of an acquisition of goods and se rvices whose estimated value exceeds lei 80,000 and an 
acquisition of works whose value exceeds lei 100,000, the contracting authority publishes in advance a 
participation announcement in the Public Procurement Bulletin and on the Agency’s website. 
    (6) In case of procedures through the request for 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 invitation 
     (7) The means of performing the acquisition through the request fo r quotations is determined in the 
regulation approved by the Government. 
       
    Article 56. Competition of solutions  
 
(1)  The contracting authority has the right to organize a competition of solutions, namely a 
special procedure whereby it acquires, in particular in the field of land improvement, urban planning 
and landscaping, architecture or data processing, a plan or a project, by selecting such on a competitive bases through a jury, with or without prize giving. 
(2)  The contracting authority has the right to organize a competition of solutions, as described 
under para. (1), as an independent procedure, in which competitors can get prizes and/or participation bonuses, or as part of another procedure which leads to the award of a services contract. 
(3)  The contracting authority has the obligation to indicate in the competition documentation any 
information, requirement, rule, criterion or simila r, which are necessary to ensure complete and 
accurate information of the pote ntial competitors regarding the application of the competition of 
solutions.  GPA/ACC/MDA/15 
 
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 48(4)  The competition documentation shall contain at least:  
a) general information regarding the contracting authority;  
b) instructions regarding the deadlines to be me t and formalities to be performed in connection 
with the participation in the competition;  
c) the minimum qualification requirements the contracting authority decided to request, as well 
as the documents to be submitted by the competitor s to prove the respective requirements are met;  
d) the set of requirements based on which th e competitors 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 the execution of the services contract with the 
winner or one of the winners of the respective competition, in case the competition is organized as part 
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, asking the interested business operators to submit 
projects. The announcement shall include at least the 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 contracting 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 stipulated under article 2 para (3). 
(8)  The contracting authority has the obligation to take all reasonable actions for the exchanges 
of messages, communication and filing of the information are done in such a manner that ensures full 
integrity and confidentiality of all the in formation communicated by the competitors. 
(9)  The content of the plans or projects submitted sh all remain confidential at least until the date 
set for the opening thereof, and the jury will learn of  the content of the respec tive projects only after 
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 take all reasonable actions for the exchanges 
of messages, communication and filing of the information are done in such a manner that ensures full 
integrity and confidentiality of all the information communicated by the competitors.  
(11)  The content of the plans or projects submitted sh all remain confidential at least until the date 
set for the opening thereof, and the jury will learn of  the content of the respec tive projects only after 
such date.  
(12)  The contracting authority has the right to make a preliminary selection of the competitors, 
using clear, objective and non-discriminatory criteria in this respect, which have to be explicitly 
indicated in the competition documentation.  
(13)  The number of competitors selected has to be sufficient to ensure a real competition.  
(14)  For the purpose of evaluating the projects su bmitted in a competition of solutions, the 
contracting authority has the obligation to appoint a jury formed of at least 3 members, independent GPA/ACC/MDA/15 
 
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 49from the competitors, with relevant background and e xperience in the field, as well as recognized 
moral probity.  
(15)  In case of the competitors who were requested  a certain professional skilling, then at least 
one third of the number of jury’s members have to master the same skilling or equivalent. 
(16)  The projects shall be submitted anonymously and such anonymity will be preserved until the 
time when the jury makes a decision or forms an opinion.  
(17)  The jury is autonomous in the decisions made and opinions issued.  
(18)  The jury has the obligation to evaluate the projects submitted exclusively based on the 
evaluation criteria indicated in the competition announcement.  
(19)  The jury has the obligation to draw up a report, signed by all its members, containing the 
qualitative evaluation of each project, specific remarks, as well as, if applicable, the list of issues to be 
addressed.  
(20)  The jury has the right to invite competitors to respond 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 minutes of the discussions held pursuant to 
the provisions of para. (20). 
 
    Article 57. Procurement in case of plans for construction of social houses 
 
    (1) In case of public procurement contracts regarding the design and construction of a set of social 
houses whose size, complexity and estimate duration of the works impose that planning would be based, from the very beginning, on a strict cooperation within a task force formed of representatives of 
the contracting authorities, experts and the constructor of the works, which would be responsible for 
the execution of the works, a special award procedure may be applied, which ensures that the most appropriate constructor is selected to  be integrated into this group. 
    (2) The contracting authorities include, as a binding obligation, in the participation announcement 
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 th e qualitative and organizations selection criteria, the 
economic, social, legal, financial, technical and personnel related conditions all the bidders must meet. 
      
Section 5. Special means of awar ding public procurement contracts 
 
Article 58.  The framework agreement 
 
(1) The framework agreement represents an agreement executed between one or several 
contracting authorities and one or several busine ss 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 contracting authorities comply with the 
provisions of this law in all the stages, until the award of the cont racts 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 approved by the Government. GPA/ACC/MDA/15 
 
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 50(4) The contracting authority has the obligation to execute the framework agreement usually by 
applying the open tender or restricted tender procedures.  
(5) By exception from the provisions of para. (4), for execution of a framework agreement, the 
contracting authority has the right to apply the other procedures only under the specific circumstances 
provided for by this law. 
(6) The contracting authority does not have the right to 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 to decide that the term of a framework 
agreement exceeds 4 years, unless in exceptional cases which it can justify, in particular with the 
specific subject matter of the contracts to be awarded under the respective framework agreement.  
(8) The contracts which are awarded under a framework agreement cannot be executed but 
between the contracting authority/authorities and the business operator(s) who are party to that 
agreement.  
(9) When awarding a public procurement contract based on 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 respective framework agreement. 
(10) If the contracting authority executes a framework agreement with one single business operator, 
then the relevant agreement has to pr ovide at least for the following:  
a) the obligations the business operator assumed under the technical proposal;  b) the unit price the business operator indicated in the financial proposal and based on which the 
price of each subsequent cont ract will be determined.  
(11) The contracting authority has the obligation to award the public procurement contracts 
subsequent to the framework agreement only in observance of the technical and financial conditions 
laid down in the respective framework agreement.  
(12) Any time it intends to award a public procurement contracts 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 selection criteria and submitted admissible bids. 
(14) In case the number of business operators who meet the selection and qualification criteria and 
submitted admissible bids is smaller than the minimum 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 agreement with several business operators, 
then the relevant agreement has to pr ovide at least for the following:  
a) the obligations each business operator assumed under the technical proposal;  b) the unit price each business operator indicated in the financial proposal.  
(16) The contracting authority has the right to award public 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 business operators who signed the framework 
agreement.  GPA/ACC/MDA/15 
 
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 51(17) The contracting authority has the right to award public procurement contracts subject to the 
conditions laid down under para. (16) letter a) only provided that all the items/conditions which shall 
govern the respective contracts were la id down in the framework agreement.  
(18) The contracting authority has the right to award public 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/conditions indicated in the tender specifications drawn 
up for the execution of the respective framework agreement.  
(19) In the case under para. (18) letter b), the contracting 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 operators 
who signed the respective framework agreement;  b) the contracting authority sets a sufficient deadline for submission of the bids, having the obligation 
to take into account certain aspects, such as the complexity 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 the 
deadline set for their opening;  
d) the contracting authority awards each contract to the bidder who submitted the most advantageous bid in accordance with the award criterion indicated in the documentation underlying the signing of 
the framework agreement
. 
 
 
Article 59 . The dynamic procurement system; 
 
(1) The dynamic procurement system is a fully electronic process for the acquisition of consumer 
goods whose characteristics, which are generally available on the market, meet the requirements of the 
contracting authority. The dynamic procurement system is limited in time and open for the entire 
period to any business operator who meets the selection 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 the stages thereof, until the award of the contracts under the respective system. All the bidders who meet the selection criteria and submit an indicative 
bid which is compliant with the tender specifications and with the potential additional documents are 
invited to and admitted in the system. The indicative bids may be upgraded at all times, provided that they remain complaint with the tender specifications. 
(3) For the purpose of putting the dynamic system of procurement in place, the contracting 
authorities:      a) publish a participation announcement in wh ich they indicate that the award of the contract 
takes place in a dynamic procurement system, as well 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 the necessary information about the system of 
procurement, the electronic equipment used, technical connection arrangements and specifications; GPA/ACC/MDA/15 
 
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 52     c) offer, through electronic means, sinc e 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 contracting authority has the obligation to use only electronic 
means, complying also with the provisions rega rding the rules set for the communication and 
submission of the bids. 
(5) After the launch of the dynamic system of procurement and during the entire existence term 
thereof, the contracting authority has the obligation to allow any interested business operator to submit an indicative bid, for the purpose of being admitted to the system 
(6) After the receipt of an indicative bid, the contracting authority has the obligation to check 
whether the bidder meets the qualification criteria set and the technical pro posal submitted matches the 
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 participation shall be issued in the meantime. 
(8) Immediately after the finalization of the chec ks under para. (7), the contracting authority has 
the obligation to inform the bidder of its admission to the dynamic procurement system or, as the case 
may be, on the decision to reject the indicative bid. 
(9) For the purpose of awarding the public procurement contracts through the dynamic system of 
public procurement, the contracting authority has the obligation to publish, for each individual contract, a new simplified participation announcement , whereby all interested business operators are 
invited to submit indicative bids.  
(10) The contracting authority has the obligation to 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 to invite all bidders admitted to the dynamic 
procurement system to submit a firm bid for the pu blic procurement contract  to be awarded, setting 
also a submission deadline in this respect.  
(12) The contracting authority has the right to invite the bidders to submit indicative bids only once 
it has completed the checks in respect of all the indicative bids submitted within the legal term.  
(13) The contracting authority has the obligation to 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 the launch of the dynamic procurement system.  
(14) The contracting authority does not have the right 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 right to decide that the term of a dynamic 
procurement system exceeds 4 years, unless in exceptional cases, thoroughly grounded. 
(17) The contracting authorities may apply the dyn amic procurement system 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.  
 GPA/ACC/MDA/15 
 
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 53 
Article 60. The electronic tender 
 
(1) The electronic tender is a repetitive process which implies an electronic means of presentation, 
in descending order, of the new prices and/or new values 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 works contracts whose purpose is intellectual activities, such as the design of works, cannot  fall into the scope of the electronic tenders. 
(2) The contracting authorities may use the electronic 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 th e right to use the electronic tend er 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 quotati ons, prior to awarding the public procurement 
contract and only if the technical specifications we re accurately defined in the tender specifications;  
b) when resuming the competition between the business operators who signed a framework 
agreement;  
c) upon submission of firm offers in view of awarding 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.  
(5) The contracting authority does not have the right 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 procurement contract as stipulated in the 
participation announcement and in the award documentation.  
(6) When intending to use the electronic tender, the contracting authority has the obligation to 
include, in the information and instructions referred  to under art. 38 para (1), also the following 
specific details:  
a) the elements of the bids to be subject to the repetitive bidding process, provided that such 
elements are quantifiable and can be expressed in figures or percentages;  
b) potential limits of the values up to which the elements 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 bidder during the electronic tender and the 
moment when such information becomes available;  
d) relevant information regarding the electronic tender 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 eq uipment used, technical conditions and specific 
means of connection.  
(7) Prior to launching an electronic tender, the contracting authority has the obligation to perform 
a full initial evaluation of the bids, in accord ance 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 invitation 
is sent electronically, at the same time to all such bidders. GPA/ACC/MDA/15 
 
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 54(9) The invitation has to indicate the starting date and time of the electronic tender, as well as any 
other information which is necessary for the individual connection to the electronic equipment used. 
(10) The contracting authority does not have the right to commence the electronic tender sooner 
than 2 business days since the date when the invitations 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 also information regarding:  
a) the result of the first evaluation of the bid submitted by the receiving bidder;  b) the mathematical formula to be used to automatically determine the final ranking, based on 
the new prices and/or the new values submitted by the 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 in the participation announcement or in the award 
documentation.  
(12) In the electronic tender, the repetitive bidding process regards:  
a) either only prices, in case the aw ard criterion is the lowest price;  
b) or prices and/or other elements of the bid, as provided 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, the contracting authority has the obligation to 
communicate, at the same time, to all the bidders at least the information they need to identify, at any 
time, their position in the classification. The contr acting authority has the right to communicate also 
other information regarding:  
a) the number of participants in the re spective round 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 documentation.  
(15) During the performance of tendering rounds, the contracting authority has the right to disclose 
the identity of the bidders. 
(16) The electronic tender concludes with any of the following situations or a combination thereof: 
a) at a price moment defined in advance and communicated 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 meeting the requirements concerning the imposed 
minimum differences are received; in this case, the pa rticipation invitation has to indicate a deadline 
which will start running as of the receipt of the la st bid and until the finalization of the electronic 
tender. 
(17) The contracting authority has the obligation to 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. 
 
 
 
 GPA/ACC/MDA/15 
 
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 55CHAPTER VIII 
PERFORMANCE OF THE PUBLIC PROCUREMENT PROCEDURES  
 
Article 61. Conditions of submitting the bid  
 
    (1) The contracting authority sets the venue, limit date and time for submission of the bids, pursuant to the provisions of this law. 
   (2) If the contracting authority provides explanations regarding the award documents, amends such 
documents or holds a meeting of the business operators, the term for submission of the bids can be extended so that the business operators have sufficient time to take into consideration the explanations, 
the amendments or the provisions of the meeting’s minutes.  
    (3) Until the expiration of the term for submission of the bids, the contracting authority may extent, at its choice, such term.  
    (4) The endorsement regarding extension of th e term for submission of the bids will be sent 
forthwith to every business operator who the contr acting authority offered the award documents and to 
the Agency. 
    (5) The bid, written and signed, is submitted in accordance with the requirements laid down in the 
documents issued to attract the bids. The contractin g authority issues to the business operator, as a 
binding obligation, a letter indicating the time and date of receiving the bid or confirms the receipt 
thereof, in case the bid was submitted through electronic means.  
    (6) The bid received by the contracting authority 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.  
 
Article 62. Opening the bids   
 
(1)  The opening of the bids and their subsequent examination, 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 established in the tender documents. The bidders or 
the representatives thereof have the right to attend the opening of the bids.  
(3)  The names and contact data of each bidd er whose bid is opened, the qualification 
documents and the cost of the bid shall be communicated to all of those who attend the bid opening 
session, as well as to the ones who were not present or represented in the opening session, upon their request.  
 
 Article 63.   Validity term of the bid, modification and withdrawal of the bid  
 
(1) The bid is valid within the term specified in the 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 entitled 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 GPA/ACC/MDA/15 
 
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 56validity term of the guarantee for the bid or did not 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, the bidder has the right to modify or withdraw 
the bid before the expiration of the terms for submission of the bids and without losing the right to 
withdraw the guarantee for the bid. Such a modification 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 and 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 requirements of the contracting authority in respect of 
the admissibility of the issuer of the guarantee for the bid or of the endorser thereof, if any, in terms of 
the form and conditions of the guarantee for the bid. The contracting authority will not reject the bid 
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 bid and the issuer meet the requirements laid down in 
the tender 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 for the bid or of the endorser thereof. The contracting 
authority shall act forthwith upon any such request. Such confirmation cannot prevent the contracting 
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 procurement contract;  
c) execution of the contract after acceptance of the bid is not secured or any condition laid 
down in the tender documents is not met prior to the 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 smaller than 1,500,000, the contracting authority has 
the right not to ask a guarantee for the bid from the business operator. If the contracting authority does ask for such a guarantee, the business operator will comply with the provisions of this article.  
(6) The amount of the guarantee for the bid shall be 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 right to claim payment of the guarantee for the bid 
and will return forthwith the document of the guarantee for the bid if any of the following events has 
occurred:      a) expiration of the validity term of the guarantee for the bid;       b) execution of a procurement contract and submission of the contract’s performance bond, 
should such guarantee be provided in the tender documents; 
c) suspension of the tender procedure without execution of a procurement contract; d) withdrawal of the bid before the expiration of the term set for submission of the bids, in case 
the tender documents do not provide for the inadmissibility of such a withdrawal. GPA/ACC/MDA/15 
 
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 57(8)When acquiring goods and works, the contractin g 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 admissibilit y of a proposed issuer for the co ntract’s performance guarantee or 
of an endorser thereof. The contracting authority shall act forthwith upon any such request. 
(11) 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 smaller than 1,500,000, the contracting authority has the right not to ask the bidders to submit the contract 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 guarantee 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 fac ilitate the examination, evaluation and comparison of the bids, the 
contracting authority may ask the bidder only for written explanations thereof. No modifications of the 
bid, including of the price thereof, liable to make the offer compliant with certain requirements which 
it hadn’t met initially, are admitted. The contractin g authority will correct only the arithmetic errors 
found in the bid during the examination thereof, informing the bidder forthwith thereof.  
(2)  The contracting authority has the right to consider 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 the essence thereof. Any such difference will be 
expressed quantitatively, to the extent to which this  is possible, and will be taken into consideration 
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 requirements;  
  b) the bidder does not accept correction of an arithmetic 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 of 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 several currencies, to ease evaluation and 
comparison of the bids, the prices of all the bids are recalculated in one single currency, based on the 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, the bid is rejected and another winning bid is selected among the bids still valid. Likewise, the contracting authority is entitled to reje ct all the other bids.  GPA/ACC/MDA/15 
 
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 58(7)  The information regarding examination, evalua tion and comparison of the bids will not be 
disclosed to the bidders or to other persons who are 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 of goods, execution of works or provision of 
services for a price which is considerably lower than 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 represent a significantly lower price in 
comparison with the bids of other bidders, or in comparison with the works that are to be executed, in 
the case where the price indicated in the bid represents less than 85 % from the value of the works, as calculated by the contracting authority in the established manner. 
(3) The contracting authority has the obligation to ensure that the business operator has the 
possibility to justify such abnormally low price. In case of a bid presenting a price abnormally low as 
compared to what has to be supplied, executed or provided, the contracting authority has the obligation 
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 c onsider the justifications of the bidder, in 
particular those regarding:  
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 the requirements in the tender specifications;  
d) observance of the provisions regarding occupational health and safety and work conditions, 
as applicable to the execution of the work, provis ion of the service or supply of the products;  
e) the possibility that the bidder benefits of a state 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 relevant bid may be rejected on this ground alone only if, 
following the clarifications requested, the bidder cann ot prove, within a reason able period of time (but 
not less than 3 days) set by the contracting authority, that the state aid was legally granted.   
 
Article 67. Cancellation of the award procedure 
 
(1) The contracting authority, at its own initiati ve, as well as upon the request of the Agency, 
following a control undertaken, has the right to cancel the award procedure relative to the public 
procurement contract, if it makes this decision before 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 co uldn’t be ensured, namely the number of 
bidders/candidates is smaller than the minimum number set for each procedure under this law;      
b) none of the bidders met the qua lification conditions laid down in the award documentation;  GPA/ACC/MDA/15 
 
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 59c) 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 valu e 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 goods and services. The estimated value of goods, works and services shall be calculated by the contracting 
authority in the established manner, based on the provisions laid down in the present law; 
d) only non-compliant bids were submitted, which:  
      - are submitted after the deadline set for submission of the bids;        - were not drawn up and submitted in accordance 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 procurement, calculated based on the 
provisions laid down in the present law; 
- indicate a value that exceeds the threshold, set forth in the present law, for the extended 
procurement procedure; 
- through the value, indicated in the financial proposal, each of them exceeded the value 
of the funds, allocated for the fulfilment  of the public procurements contract; 
     e) it was found that an act of corruption was committed, and such as confirmed under a final 
court decision; 
     f) the bids submitted which, although they are can be taken into consideration, cannot be compared due to the inconsistent manner of appr oaching 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), serious 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 analysis, evaluation and/or finalization of the 
award procedure, while the contracting authority cannot take any corrective actions which are not 
liable to lead to the violation of th e principles provided under art. 6. 
 
(2) After the date of communication of outcomes of the public procurements procedure, the 
cancellation of the public procurement procedure, in cases stipulated under paragraph (1), shall be carried out by the Agency only.  
(3) The decision on cancellation of the public procurements procedure shall not generate any 
obligation on behalf of the contracting authority or of the Agency in relation with the participants to the public procurements procedure, except for returning 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 themselv es to by submitting bids, as well as the reason 
for cancellation. 
 
 GPA/ACC/MDA/15 
 
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 60Chapter IX 
PUBLIC PROCUREMENT CONTRACT. 
REPORT ON THE PROCUREMENT PROCEDURE  
 
 
Article 68. The principles of awarding the public procurement contract 
     The public procurement contract is awar ded on the grounds of the following principles: 
a) compliance with the law, rule of law, good morals and professional ethics; 
b) selection of the public procurements procedure bid; 
c) ensuring environmental protection and supporting the social programmes in the performance of 
the contract.  
     Article 69.  Special conditions for performance of the public procurement 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 particular fostering on-the-job training, employment of 
unemployed, youth and people with integration difficulties, reducing unemployment, professional training of unemployed and young people, environmental protection, improvement of the work 
conditions and occupational safety, development of th e rural environment and professional training of 
the farmers, protection and support to small and medium size enterprises, including during the performance term of the contract and under subcontracting conditions. 
 
    Article 70. The public procurement contract  
 
    (1) The public procurement contract is concluded in accordance with the award procedures 
hereunder, for the entire mount assigned to a procurement per year, based on the procurement plan.     (2) Information of the winning bidder and execution 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 bidder than the one who submitted the most advantageous bid, at the time of executing the procurement 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  due consideration to the complexity of the 
contemplated procurement, the quantity subcontracted 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 contract shall not include clauses which are, directly or indirectly, discriminatory. 
    (7) After conclusion, the public procurement c ontract is sent, within 5 days, to the Agency for 
review and registration, accompanied by the documents supporting performance of the relevant procurement procedure. GPA/ACC/MDA/15 
 
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 61    (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 system. The contracts which have not been registered as above have no legal power.  
     
Article 71. Subcontracting 
     In the tender specifications, the contracting authority may ask the bidder to indicate, in its bid, the 
share of the contract it intends to subcontract to th ird parties, as well as th e proposed subcontractors, 
including small and medium size enterprises, other subcontractors, as the case may be. Such specification does not release the ma in bidder of its 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 another procurement procedure but the procedure which would have been used in accordance with this law, had 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 proc urement of goods, works and services whose period 
of performance exceeds one year, the contract may be concluded for the entire procurement, but the 
performance thereof will be within the limits of the annual allocations provided for this purpose and 
set out annually in the contract.      (2) The contracting authority does not have the right to increase the volume of the goods, works and 
services, set out in the contracts concluded, to avoid making new procurements, except for the cases 
laid down in this law.      (3) Debt assignment, as well as the amendment of 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 with 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 prices for the component parts of the cost price of the goods, works or services covered by the contract. 
    (5) The business operator performs the clauses of the contract concluded free of any conditions and 
in observance of the quality requirements and the price set. Any non-performance or faulty performance of the contractual obligations result  into 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 b odies 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 public 
procurement procedures is drawn up by the contracting authority and submitted to the Agency within GPA/ACC/MDA/15 
 
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 62maximum 10 days since the execution date of the contract, 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 a nd services which the contracting authority requested 
bids for;  
    b) the grounds for selecting the respective proc urement method, in case of procurement procedures, 
other than open tenders      c) the name and contact data of the bidders, as well as the name and contact data of the business 
operator who the procurement contract is executed with, 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 determination thereof, a brief description of the critical 
conditions of each bid and of the procurement contract;  
    f) a summary of the evaluation and comparison of the bids;      g) the final decision with supporting arguments, in case that all bids have been rejected;  
    h) the decision and grounds for applying certain procurement procedures, other than open tenders, 
should such procedure did not concluded with execution of a procurement contract;      i) the grounds for rejection, in case the bid is  rejected pursuant to the provisions of art. 40;  
    k) a summary of the actions whereby explanations 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. 
    (2) The information under paragraph (1) letters a) and b) is supplied upon the request of any person, 
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) and m) is supplied upon the request of the business operators which submitted bids or pre-qualification 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 end, the contracting authority does not disclose the information under paragraph (1) letters c), e) and m), should such disclosure be against the legislation 
and the interests of the state, damage the legitimate  business interests of the parties or prevent fair 
competition. 
 
 
Chapter X   
Concession contracts  
 
 
Article 74. General principles and rules for the award of the concession contract  
 
(1) Principles lying at the basis of awarding the concession 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, the means of preparing the award documentation and 
applying the procedures provided for by this law, are established under a Government decision. GPA/ACC/MDA/15 
 
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 63(4) The contracting authority has the right to aw ard the concession contract for public works or 
the concession contract for services by applying one of the procedures under art. 43 para. (1) letters a), 
b), d), as well as through negotiation with prior publication of a participation announcement.   
(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 application of the concession contract’s award 
procedure will be done in accordance with Chapter XI. 
(7) This law does not apply in case the concession contract:  
a) is awarded in one of the situations provided for under art. 4;  
b) is awarded by a contracting authority which performs one or several of the relevant activities 
(utilities), if the concession contract’s subject matter  is the performance of the relevant activities; or  
c) is aimed at a concession of public works, but only 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 either 
public procurement contract, or concession contract whose award is regulated under this law.  
(8) This law does not apply when the procuremen t of certain additional works or services is 
necessary, which were not included  in the initial concession contract, but due to certain unforeseen 
circumstances, have become necessary for the performance 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, technically and economically, separated from the 
initial contract without certain major impairments oc curring for the contracting authority, or, although 
they can be separated from the initial contract, they are critical for the performance thereof;  
c) the aggregate value of the contracts awarde d for additional works or services does not 
account for more than 30% of the value of the initial contract.  
(9)The contracting authority has the obligation to ensure transparency in the award of concession 
contracts.  
(10) The award procedure for a concession contract is initiated with publication of participation 
announcement.  
(11) The contracting authority has the obligation to include in the announcement referred to under 
para. (10) at least the information contained in appendix no. 3B and, if necessary, other information deemed useful by the contracting authority, in accordance with the standard form adopted by the 
European Commission.  
(12) In case of the participatio n announcements for which, in accordance with the provisions of 
this law, sending for publication to the Official J ournal of the European Union is not compulsory, the 
content thereof shall be determined under a Government decision.  
(13) The provisions of article 29 shall apply accordingly.  (14) The participation announcement is published in the Public Procurement Bulletin and, as the 
case may be, in the Official Journal of the European Union.  
(15) The publication in the Official Journal of the European Union is compulsory for the public 
works concession contract, if the estimated value thereof is equal to or higher than the one set out 
under art. 2 para. (3). 
(16) The contracting authority has the obligation to set out the number of days between the 
publication date of the participation announcement an d the date of submitting the applications, so that 
business operators are allowed an adequate and sufficient period of time to draw up the applications.  GPA/ACC/MDA/15 
 
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 64(17) Irrespective of the procedure applied and notw ithstanding the provisions of para. (16), the 
contracting authority has the obligation to send the participation announcement for publication at least 
52 days before the deadline for submission of the applications.  
(18) 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. (17) may be reduced by 7 days.  
(19) The provisions regarding the extension of the deadline shall be applied accordingly. (20) When awarding a public works concession contract, 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 concession, allowing the candidates to increase the share(s) of the contract they intent to subcontract; This minimum percent shall be mentioned in the contract for 
the concession of works.  
b) the candidates shall indicate in the submitte d application the value of the works under the 
concession contract, which they inte nd to award to any third parties.  
 
Article 75. 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 provisions of this law when awarding a public procurement contract to a third party.  
(2) If the concession beneficiary is not a contracting authority for the purposes of the provisions 
of art. 12, it still has the obligatio n, when awarding a work s or services contract to a third party, to 
publish a participation announcement in the Official Journal of the European Union and in SIA 
“RSAP”, in all the cases when the estimated value of 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 to meet also the following conditions:  
a) the number of days between the date of  sending the participation announcement for 
publication and the date of submitting the candidature shall be at least 37 days; and  
b) the number of days between the date of sending the participation announcement for 
publication or sending the participation invitation and the date of submission of bids shall be at least 40 days.  
(4) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the periods set out under para. 3 may be reduced by 7 days. 
(5) If the concession beneficiary publishes in SIA “RSAP” the entire award documentation and 
allows, as of the publication date of the participation announcement, direct and unrestricted access of 
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 extending the deadline are applied accordingly.  
(7) The concession beneficiary has the obligation to 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 subsequent to obtaining the concession or the 
enterprises affiliated thereto are not deemed third parties.  GPA/ACC/MDA/15 
 
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 65(9) For the purposes of para. (8), affiliated enterprise means any person who performs business 
activities and:  
a) can be subject, directly or indirectly, to the dominant influence of the concession 
beneficiary; or  
b) can exercise a dominant influence on the concession beneficiary; or  
c), which, same as the concession beneficiary, is subject 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 enterprise shall be deemed dominant, directly or 
indirectly, in the following cases:  
a) when it holds the majority part of the su bscribed capital of the enterprise; or 
b) it holds the majority of vote s, afferent to the shares issued by the enterprise; or 
c) it has the right to assign more than half of the members of the administrative board, or of 
management or controlling entity of the enterprise.  
(11)The business operator, which participates in the award procedure of a concession contract, has 
the obligation to include in its application a list with the persons which have  the quality of affiliated 
enterprises thereto; the concession beneficiary has th e obligation to update this list on a regular basis, 
until the finalization of the concession contract.  
 
 
Chapter XI 
Conflict of interests 
  
Article 76. Rules for the avoidance of conflicts of interests 
 
(1) During application of the award procedure, th e contracting 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, associated bidder or subcontractor, otherwise shall be excluded 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/management 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 GPA/ACC/MDA/15 
 
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 66administrative board or of any other management, supervisory or administrative 
entity thereof; 
c) hold no shares, intere sts, shares in the subscribed capital of one of the bidders 
 
  
(5) In case that one of the members of the working group/ Task Force finds out, prior to or 
after the opening of bids meeting, that he or she is subject to one or several situations as stipulated under para. (4) of the present article, this member shall immediately request to be replaced by 
another person in the composition of the working group/ Task Force. 
(6) In case of failure to observe the provisions la id down under paras (4) and (5) of the present 
article, the Agency shall have the right to cance l 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 as  well as based on the regulation approved by the 
Government.  
 
 
Chapter XII 
DISPUTE SETTLEMENT AND LEGAL LIABILITY  
 
Article 77. Complaint Settlement Agency  
  
(1) The Complaint Settlement Agency is an administrative authority subject to the administrative 
coordination of the Ministry of Finance which settles the complaints lodged under the public procurement contract award procedures.  
(2)  The Complaint Settlement Agency has its own balance sheet, settlement account, a stamp 
with the State Coat of Arms of the Republic of Moldova and the name of the Agency in the state language.
 
(3) The Agency operates under an organization and operation regulation approved by the 
Government. 
(4) In terms of its decisions, the Complaint Settlement Agency is independent and not 
subordinated to the Ministry of Finance. 
(5) The complaint settlement counsellors in the fiel d of public procurement are public servants 
whose waging is similar to the public  office of Secretary of State. 
(6) The Complaint Settlement Agency is led by a Director who collects also the management 
bonus relative to the director position. 
(7) The term of the public office of complaint settlement counsellor accounts for length of 
service in the specialty considered upon appointment in that office, namely legal, economic or 
technical. 
 
 
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 violation of the law, affected one of its rights GPA/ACC/MDA/15 
 
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 67recognized under the law, following which it suffered or might suffer prejudices, has the right to 
challenge the respective deed in the manner provided for by this law. 
(2) For the purposes of para. (1), deed of the contracting authority means any administrative 
deed, any other action or lack of action, which causes 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 chapter. 
  
Article 79.  Submission of the complaint 
  (1) The damaged person may notify the Complaint Settlement Agency in view of cancelling 
the deed and/or having recognized the allege d 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 deemed illegal
, in case the value of the contract to be 
awarded, estimated pursuant to the provisions of art. 3, is equal to or higher than the value thresholds set 
out under art. 2 para. (3);  
b) 5 days, starting with the day following the acknowledgment, 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 art. 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 the 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  para. (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: 
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 name of the representative thereof, a copy of 
the document confirming the authorities, the registered office and the contact data; 
b) the name of the contracting authority, the registered office and contact data; 
c) the subject matter of the public procurement contract and the award procedure applied; 
d) the essence and grounds of the complaint, indica ting 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 the challenged act to the complaint, in case that 
such an act has been issued, as well as copies of the inscriptions stipulated under paragraph (4), in cases when those are available. 
(6) In case that the Complaint Settlement Agen cy considers that the complaint does not include 
all the information under para. (4), it will ask the ch allenging party to complete  the complaint, within 5 
days since the notification whereby it was informed of this situation. If the challenging party does not act upon the requirement of the Co mplaint Settlement Agency, the comp laint shall be dismissed. The GPA/ACC/MDA/15 
 
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 68complaint 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 authority to settle, through specialized panels, 
any complaints concerning the award procedure, pursuant to its own organization and operation 
Regulation approved by the Government. 
(2) Part of its duties, the Complaint Settlement Agency adopts decision.  
(3) The complaint settlement proc edure will be carried out whilst  observing the principles of 
legality, rapidity, adversariality and the right to defence.  
(4) With the purpose to settle the complaint, the Complaint Settlement Agency can request the 
point of view of the contracting party on the subject matter. 
     (5) Within one business days since the receipt of the complaint, the contracting authority has 
the obligation to inform the other participants st ill involved in the award procedure thereof. The 
notification shall also include a copy of the respective complaint.  
     (6) All the notifications or communications of the deeds of procedure shall be with 
acknowledgment of receipt. The provisions under article 33 para. (1) shall apply accordingly.       (7) The complaints filed in the same aw ard procedure shall be merged by the Complaint 
Settlement Agency in order to pass a consistent solution.  
     (8) Until the complaint is settled by the Comp laint Settlement Agency, the participants in the 
same award procedure may join a complaint with their 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 th e obligation to send to 
the Complaint Settlement Agency, within maxi mum 5 working days, its opinion about such 
complaint(s), accompanied by any other documents deemed relevant, as well as one copy of the public 
procurement file, except for the announcements published in the State Register of Public Procurement and the award documentation, when available and can be downloaded directly from the State Register 
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 Comp laint Settlement Agency has the right to ask 
clarifications from the parties, to produce evidence and to ask for other data/documents, to the extent 
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) should not into an exceeding of the term for the 
complaint settlement, as set out under para (10).   (3) The contracting authority has the obligation to respond to any request of the Complaint 
Settlement Agency and to provide the latter with any document of relevance for the settlement of the GPA/ACC/MDA/15 
 
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 69complaint, other than the ones men tioned under art. 80 para (9), with in a term which cannot exceed 5 
days from the receipt of the request.  
(4) The Complaint Settlement Agency will be a llowed to appoint an independent expert to 
clear certain technical or financial issues. The length of the expert’s investigation shall be inside the 
term set for the settlement of the complaint by the Complaint Settlement Ag ency. The cost of the 
expert’s investigation will be borne by the party which 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 th e Complaint Settlement Agency.  
     (6) The parties may be represented by attorneys-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 affecting 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 deci de, within 3 days, including upon the request of the 
interested party, to suspend the public procurement procedure.  
     (8) For the purpose of para. (7), the Complaint Settlement Agency  settles the suspension 
application, taking into account the consequences of this measure on all the categories of interests 
which could be damages, including on the public interest.  
     (9) The decision referred to under para. (7) may be challenged with the competent court, separately, within 5 days since communication.  
(10) The Complaint Settlement Agency has the ob ligation to settle the complaint on the merits, 
within 20 business days since the receipt of the pub lic procurement file from the contracting authority, 
respectively within 10 days in case an exception which 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 wr ite to conclude the public procurement contract, 
and in the case where such contract has been concluded shall not register the respective contract, until 
a final decision on the challenged matter is  issued by the Complaint Settlement Agency. 
     
Article 82. Solutions the Complaint Settlement Agency may pass   
  
(1) The Complaint Settlement Agency first rules on the complaint return ca ses, 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 compla int, the Complaint Settlement Agency: 
a) upholds the complaint in full or in part; 
b) dismisses the complaint; 
(3) The Complaint Settlement Agency reviews the ch allenged deed in terms of legality and 
validity and may issue a decision to cancel it in full or in part, hold the contracting authority issue 
another deed or decide any other measure which is necessary to remedy the deed affecting the award 
procedure. If the Complaint Settlement Agency decides on the modification/removal of any technical specifications from the tender specifications or from 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 provisi ons of this law, but were not referred in the GPA/ACC/MDA/15 
 
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 70complaint, then it will inform the Public Procurement Agency, submitting also all the relevant 
data/documents to support such notification. 
(5) If the Complaint Settlement Agency upholds the complaint and decides on a measure to 
address the challenged deed, it will also set the te rm for its performance, which shall not be longer 
than the term for challenging the decision of the Complaint Settlement Agency, as set under para. (13). 
(6) Depending on the solution passed, the Complaint Settlement Agency shall decide on the 
continuation or cancellation of the public procurement 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 ther eof by the challenging party. 
(8) The Complaint Settlement Agency  cannot decide on the award of a contract to a certain 
business operator. 
(9) The decision of the Complaint Settlement Agen cy will be grounded and communicated in 
writing to the parties within 3 da ys since pronouncement. The deci sion, without the grounding, is 
published on the website of the Complaint Settlement Agency within the same term. 
(10)  The decision whereby the Complaint Settlement Agency decided on certain remedy measures 
will be submitted, in copy, within  the same term set out under para . (8), to the Public Procurement 
Agency, which has the obligation to monitor performance of the remedy measures.  
(11) The decision whereby the Complaint Settlement Agency cancels in full or in part the 
challenged deed is compulsory for the contracting authority. 
(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 Agen cy regarding the settlement of the complaint 
may be challenged in the competent court of law.  
        
Article 83.  Disputes  
  
     (1) Lawsuits and motions regarding the performance, nullity, cancellation, termination or 
unilateral termination of the public procurement cont racts shall be settled by the Complaint Settlement 
Agency.  
      
Article 84.  Settlement of disputes  
 
(1) In justified situations and in order to prevent imminent damages, the Complaint Settlement 
Agency may decide, before the settlement of the case on the meri ts, inclusively upon the request of the 
interested party, by grounded decision with subpoena of the parties, to suspend the performance of the 
contract.  
(2) The Complaint Settlement Agency  finds the nullity of the cont ract in the following cases: 
a) the contracting authority awarded the contract in default of the obligations regarding 
publication of a participation announcement/invitation 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 GPA/ACC/MDA/15 
 
- 71 - 
 
 71combined with a violation of other provisions in the field of public procurement, should the latter 
affect the chances of the interested business operator to obtain the contract;  
c) the contracting authority did not observe the provisi ons of art. 58 para. 19 or of art. 59 paras. 
(13-17).  
(3) By exception from the provisions of para. (2),  if the Complaint Settlement Agency, after 
having analyzed all relevant aspects, finds that imperative reasons of general interest demand the effects of the contract to be main tained, it will decide, in exchange, alternative sanctions, as follows:  
a) limitation of the contract’s effects, by reducing 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 li miting the effects of the contract, pursuant to the 
provisions of letter a).  
(4) When applying the alternative sanctions under para. (3), the Complaint Settlement Agency 
will procure they are efficient, proportionate and discouraging.  
(5) The business interests in connection with the capacity 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 out-of-proportion. The business interests in direct 
connection with the respective contract, such as costs generated by delays in performance of the 
contract, costs generated by the launch of a new award 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 a pply the sanction provided 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 having analyzed all relevant aspect, whether it would find the nullity of the contract or alternative sanctions, as the ones under para. (3) are sufficient. 
(8) The provisions of para. (2) letter a) shall not be applicable when the contracting authority, 
considering it is in one of the s ituations provided for by this la w which entitles it not to send a 
participation announcement/invitation for publication, proceeded as follows:  
a) it voluntarily published in the Public Proc urement Bulletin, SIA “R SAP” and/or in the 
Official Journal of the European Union an announcement 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 applicable when the contracting authority, 
considering it observed the provisions of art. 58 para. (17) or, as the case may be, of art. 59 paras. 13-
17, proceeded as follows:  
a) it communicated to the bidders involved the decision 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); and  
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 startin g to run as of the date of sending the communication 
referred to  under latter a).  GPA/ACC/MDA/15 
 
- 72 - 
 
 72(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 following:      - publication of the contract’s award announcement, pursuant to the provisions of art. 29, provided 
that such announcement would contain the justification 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 the interested bidders and candidates regarding 
conclusion of the contract, provided such information is accompanied by a summary of the relevant 
reasons determined under art. 30. This option applies also in the cases referred to under art. 31 para. (3) letter c);  
     b) maximum 6 months, starting with the day following 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 Complaint Settlement Agency to find the contracts void, 
for the following reasons:      a) when the contracting authority awarded the contract in default of the obligations regarding 
publication of a participation announcement/invitation 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 the provisions of art. 58 para. 19 or of art. 59 paras. 
(13)-(17);  
    d) the public procurement contract, the con cession 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 re spective 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 the winning bid;  
    e) when the contracting authority aims to acquire 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 another type of contract or fails to conclude any 
contract at all, in violation of the award procedures provided for by the present law;      f) the public procurement contract, the concession 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 factors laid down in the participation announcement/invitation;     
 h) amendment of the contract led to reduction of the advantages and, as the case may be, of the 
evaluation factors which were the basis for declaring the winning bid.  
(12) In justified situations, the Complaint Settlement Agency, before settlement of the case on the 
merits, may decide, inclusively upon the request of the Public Procurement Agency, to suspend 
performance of the contract.  
 GPA/ACC/MDA/15 
 
- 73 - 
 
 73Chapter XIII 
CLOSING AND TRANSITORY PROVISIONS 
 Article 85. 
(1) 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), (8) şi (9), art. 49 paras. (4) and (6), art. 52 para. (7) and (8), art. 53 paras. (6), 
(7) and (8), art. 56 para. (7), art. 74 paras. (15) an d (18), art. 75 para. (2) an d para. (4) shall enter into 
effect on 31 December 2020. 
 
 
 
 GPA/ACC/MDA/15 
 
- 74 - 
 
 74Appendix 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 restoration 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 site levelling, 
ditch digging, rock removal, detonations, etc. 
- land preparation for mining operations: land stripping and other works and preparation of the land and sites of 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 and similar 
surveys This class does not include: 
- drilling for hauling shifts of oil and has, see 11.20 
- drilling for water shifts, see 45.25 - drilling to deepen the shafts, see 45.25 
- oil and gas field development, geophysical, geological 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), viaducts, 
tunnels and underground crossings - transport pipes, communication and electric power transport 45210000 GPA/ACC/MDA/15 
 
- 75 - 
 
 75lines on long distances 
- transport pipes, communication and electric power transport lines for urban networks 
- enclosed urban fitting, assembling and construction 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 elements 
produced by the unit which executes the works from other 
materials than concrete, see divisions 20, 26 and 28 
- construction of equipments, other than buildings, for stadiums, 
pools, gyms, tennis courts, golf courts and other sport systems, 
see 45.23 - installation works in constructions, see 45.3 
- finishing works in constructions, see 45.4, architectural 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 sport systems, 
dyeing of markings on the road surface and in parking 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 demand special 45250000 GPA/ACC/MDA/15 
 
- 76 - 
 
 76skills or materials: 
construction of foundations, including driving drilling and construction of water shafts, pit sinking 
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 platforms, 
including rental of scaffolds and work platforms, construction 
of stacks and industrial furnaces 
This class does not include: 
- rentals of scaffolds without mounting and dismounting, see 
71.32 
 45.3  Installation works  45300000 
45.31 Electrical systems This class includes: 
- installation of the following elements in buildings 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 materials 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 or other 
construction projects: 
plumbing systems and equipments 
reinforcements for gas pipes 
heating, ventilation, refrigeration or air-conditioning equipments and pipes 
automated fire extinguishing systems 
This class does not include: installation of electric heating systems, see 45.31 45330000 GPA/ACC/MDA/15 
 
- 77 - 
 
 7745.34 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 projects: 45340000 
45.4  Finishing works  45400000 
45.41 Gypsum plastering This class includes: 
application of indoor or outdoor gypsum or stucco plasters, 
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 stores and similar, 
of wood or other materials, made of another unit than the one 
who executes the works 
indoor fitting works, such as ceilings, wood covering for walls, 
slide walls, etc. This class does not include: 
mounting of parquet and other types of wooden floors, see 45.4345420000 
 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 floor 
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 jet cleaning and 
similar works outside the buildings, other enclosed and finishing works on buildings, not included in other 
classifications 45450000 GPA/ACC/MDA/15 
 
- 78 - 
 
 78This 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/15 
 
- 79 - 
 
 79 
 
Appendix no. 2 
Appendix IIA ( 2) 
 
Category 
no. Description of the services CPC reference no. (1) CPV reference no. 
1 Maintenance and repairing 
services 6112, 6122, 633, 886 From 50100000 to 50982000 (except 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 60122200-1, 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 50324200-4, 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 73200000-
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 74140000-2 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 serv ices; related 
scientific and technical consultancy services; technical 
trials and anal yses 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 74422000-3 (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 or 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/15 
 
- 80 - 
 
 80Appendix 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 reference 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 from 60121000-2 to 60121600-8 
19 Water transport services 72 From 61000000-5 to 61530000-9 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 74511000-
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 published (URL).  
4. Reference number(s) in the CPV list.  
 
INTENT ANNOUNCEMENT   1. Name, address, fax number, email address of th e contracting authority and of the office where 
additional information is available, as the case may be. In case a services or works contract is to be 
awarded, the competent institutions and contact points shall be indicated (including Internet 
address), which additional information can be obtained from about the general taxation, GPA/ACC/MDA/15 
 
- 81 - 
 
 81environmental protection, occupational health and safety and work conditions legislative 
framework applicable in the place where the performance is due to take place.  
2. As the case may be, there should be specified whether it is about a public procurement contract 
reserved to protected workshops or whose performance is foreseen within a protected employment 
programme.  3. In case of a procurement of works: the nature and size of the works; the place of execution; 
whether the work is divided into more lots; the critical features of the respective lots; if possible, 
the estimation of the costs the works in question involve; the reference number(s) in the list.  In case of a procurement of products: the nature and 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 estimated value of the procurement in each category 
of services listed in appendix 2A; the reference number(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 contracts;  
5. As the case may be, it should be specified whether 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 announcement for publication.  
8. It should be specified whether the contract is  subject to the OMC Agreement (only in case of 
announcement sent for publication in the Official Journal of the European Union).   
 
PARTICIPATION INVITATION FOR THE PUBLIC PROCUREMENT CONTRACTS   
Open tender, restricted tender, competitive dialogue, negotiation:  
1. Name, address, phone and fax number, email address of the contracting authority.  
2. As the case may be, there should be specified whether it is about a public procurement contract 
reserved to protected workshops or whose performance 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 whether a framework agreement is to be concluded;  
(d) As the case may be, it should be specified whether a dynamic procurement system is to be used;  
(e) As the case may be, it should be specified whether 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’ execution, 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 features of the work; it should be specified, if the case, the option to acquire certain new similar works and, if known, the provisional schedule for application of this option, 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;  
- information about the objective of the work or contract, if it involves design too;  - in case of a framework agreement, it should be specified the foreseen term of the framework 
agreement, the total estimated value of the works to be executed during the term of the framework GPA/ACC/MDA/15 
 
- 82 - 
 
 82agreement, 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, indicating also whether the procurement will be done by 
purchase, hire-purchase, lease, leasing or any combination 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 option, 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 specified the foreseen term of the framework 
agreement, the total estimated value of the products to be delivered 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.  (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 similar 
services and, if known, the provisional schedule for 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 specify 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 the service is reserved, on the grounds of certain 
items of law, to a specific profession (to be indicated 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 provision 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/supply/services contract. If possible, the starting 
term of the works, the delivery term of the products 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 performance of the contract depends on.  
11. In case of an open tender:  
(a) the name, address, phone and fax number and email address of the office where the award 
documentation can be requested from (the tender specifications and any other additional documents);  (b) as the case may be, the term for sending the respective request;  (c) as the case may be, the costs and the payment conditions in view of obtaining the respective 
documentation;  
12. (a) The term for receiving the bids or the indicative bids, in case of using a dynamic procurement system (open tender);  
(b) In case of a restricted tender or negotiation, th e deadline for receiving the participation requests;  GPA/ACC/MDA/15 
 
- 83 - 
 
 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 references to the provisions regulating them.  
16. As the case may be, the legal form the association 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 well as the information/documents whereby they prove 
they are not in the case which justify exclusion. Qualification/selection criteria regarding the 
business and financial standing, as well as the technical and professional capacity of the business 
operator; information/documents the business operator must submit for the evaluation of the 
minimum economical and technical capacities, if requested. 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 agreement longer than four years.  
19. For competitive dialogue and negotiation with prior publication of a participation announcement, it should be indicated, if applicabl e, the performance in several successive stages, 
to gradually reduce the number of solutions to be discussed 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 consul tation or negotiate: the minimum number and, as the 
case may be, the proposed maximum number of candidates 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 indicated only when they don’t appear in the award 
documentation or, in case of applying the competitive dialogue or negotiation, in the descriptive 
documentation.  
24. Name and address of the body competent to settle 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 obtained 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 announcement 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 Journal of the European Union).  
  GPA/ACC/MDA/15 
 
- 84 - 
 
 84THE SIMPLIFIED ANNOUNCEMENT FOR PARTICIPATION IN A PUBLIC 
PROCUREMENT CONTRACT WITHIN A DYNAMIC PROCUREMENT SYSTEM  
 1. Country of the contracting authority.  2. Name and email address of the contracting authority.  3. References regarding the publication of the participation 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 procurement 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 contract to be awarded.  
6. The deadline for the submission of the indicative bids.  
 
 AWARD ANNOUNCEMENT  
 
1. Name and address of the contracting authority.  
2. The award procedure applied. In case of apply the procedure regarding negotiation without 
publication of a participation announcement, to indicate the supporting reasons.  
3. Works contract: nature and size of the performances, general features of the work.  Supply contract: nature and quantity of the products 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 contract.  
5. The award criteria for the public procurement contract.  
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 considered in view of awarding the public procurement contract.  
10. If applicable, the value and share of the contract to be subcontracted.  
11. The date of publishing the participation announcement.  
12. The date of sending the award announcement for publication.  
13. Name and address of the body competent to settle 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 obtained from.    
    
 
  
 GPA/ACC/MDA/15 
 
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 85Appendix no. 3B  
 
INFORMATION TO BE INCLUDED IN THE PARTICIPATION ANNOUNCEMENT 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 works/services;  
(b) The subject matter of the concession; the nature and size of the works/provisions.  3. (a) The deadline for the submission of the candidatures;  (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 works granted to third parties.  
7. The date of sending the participation announcement for publication.  8. The name and address of the body competent to settle the complaints and, as the case may be, to 
mediate. 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 obtained 
from.   
 
 
Appendix no. 3C   INFORMATION TO BE INCLUDED IN THE PARTICIPATION ANNOUNCEMENT 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 general features of the work.  2. The potential execution term imposed.  
3. The name and address of the body where the tender 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 announcement for publication.  
 
  
 
  
 GPA/ACC/MDA/15 
 
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 86Appendix no. 3D  
 
INFORMATION TO BE INCLUDED IN THE ANNOUNCEMENTS FOR COMPETITION OF SOLUTIONS 
 
COMPETITION PARTICIPATION ANNOUNCEMENT  
 1. Name, address, fax number, email address of th e 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 requests.  
6. As the case may be, it should be specified if the participation is reserved to a specific profession.  
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 the 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 payments to be made to all the participants.  
12. It should be specified whether, following the competition, the contract(s) will be awarded or 
not to the winner(s) of the competition.  
13. The date of sending the participation announcement for publication.  
 ANNOUNCEMENT REGARDING THE RESULT OF THE COMPETITION  
 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 competition participation announcement.  
8. The date of sending the announcement regarding the 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 Moldova, 2007, no. 107-111, article 470), with its subsequent amendments and additions, shall be re-published 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/15 
 
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 87Art. IV . – All contracts under execution and award procedures 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.  
 
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