GPA/ACC/MDA/27 
 
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  Final draft (edited) 
(No.131) 
L A W  
 
on Public Procurement  
 
 
 
For the purpose of transposing the Directive 2004/1 8/CE of the European Parliament and 
the Council of 31 March 2004 on the coordination of  procedures for the award of public 
procurement contracts on works, goods and services published in the Official Journal of the 
European Union L 134 of 30 April 2004, partially th e Directive 2014/24/UE of the European 
Parliament and the Council of 26 February 2014 on t he public procurements and abrogation of 
the Directive 2004/18/CE published in the Official Journal of the European Union L 94/65 of 28 
March 2014, and the Directive 89/665 of the Council  of 21 December 1989 on the coordination 
of the legislative acts and administrative provisio ns relating to the application of procedures 
referring to legal remedies without  awarding the p ublic procurement contracts for products and 
the public works contracts, published in the Offici al Journal of the European Union L 395 of 30 
December 1989,  
The Parliament hereby adopts this organic law. 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1. Key concepts  
 
For the purposes of this law, the following key con cepts shall be used: 
 
Public Procurement Agency  - administrative authority subordinated to the Min istry of Finance, 
which performs supervision, control and inter-branc h coordination in the field of public 
procurement; 
 
Complaint Settlement Agency  - administrative authority subordinated to the Min istry of 
Finance, which settles the complaints formulated wi thin the public procurement procedures; 
 
public procurement  - procurement of goods, execution of works or prov ision of services for the 
needs of one or several contracting authorities; 
 
framework agreement  - agreement concluded between one or several contr acting authorities 
and one or several business operators, whose purpos e is to lay down the conditions for the 
contracts to be awarded during a defined period of time, in particular in respect of prices, and, as 
the case may be, the quantities envisaged; 
 
central procurement body  - is a contracting authority which: 
a) acquires goods and services to the benefit of th e contracting authorities, or 
b) awards public procurement contracts or enters in to framework agreements concerning works, 
goods or services to the benefit of the contracting  authorities; GPA/ACC/MDA/27 
 
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  contracting authority -  public authority, legal entity of public law, as sociation of such 
authorities or entities; 
 
public money  – financial sources of the state budget, local bud gets, state social insurance 
budgets and budgets of the compulsory medical assis tance insurance funds; 
 
candidate - business operator who submitted his candidature i n case of restricted tender 
procedure, negotiation or competitive dialogue proc edure; 
 
candidature - documents whereby a candidate supports his person al situation,  
the capacity of exercising professional activities,  his business and financial standing,  
his technical and professional capacity in view of obtaining the invitation to participate for  
the subsequent submission of the bid, in the case o f restricted tender, negotiation  
or competitive dialogue procedure; 
 
competition of solutions – procedure, which allows for the contracting autho rity to acquire a 
plan or a project, in particular in the area of lan d improvement, urban planning, architecture and 
engineering or data processing, including in other areas, by its selection via competition by a 
jury, with or without awarding prizes. 
 
public procurement contract  - contract for a due consideration, concluded in w riting between 
one or several business operators and one or severa l contracting authorities, whose purpose is the 
acquisition of goods, execution of services or prov ision of services for the purposes of this law;  
 
public procurement contract for goods  -  public procurement contract, other than that en tered 
into for works, whose subject matter is the acquisi tion of goods/products, their hire-purchase, 
renting or leasing thereof, with or without purchas e option. 
A public procurement contract whose subject matter is the supply of goods and which covers, 
secondarily, also the assembly and installation wor ks, is deemed a public procurement contract 
for goods; 
 
public procurement contract for works  - public procurement contract, whose subject matte r is 
the execution, either the design  as well as the ex ecution of certain works or of a construction, or 
the execution, by any means, of a work which would meet certain needs indicated by the 
contracting authority; 
 
public procurement contract for services  - public procurement contract, other than the publ ic 
procurement contracts for works or goods, whose sub ject matter is the provision of services, as 
indicated in Appendices no. 1 and 2. A public procu rement contract whose subject matter 
includes provision of both products and services is  deemed a public procurement contract for 
services, in case the value of the services in ques tion 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, a ctivities relative to the contract for works, by 
reference to the main subject matter of the contrac t, is deemed a public procurement contract for 
services; 
 
competitive dialogue  - procedure any business operator may ask to parti cipate in and in which 
the contracting authority enters into a dialogue wi th the candidates admitted to this procedure in 
view of developing one or several solutions capable  of meeting the needs indicated by the GPA/ACC/MDA/27 
 
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  contracting authority and based on which the select ed candidates would be invited to submit 
bids;  
 
award documentation  - documentation containing all the information rel ated to the subject 
matter of the public procurement contract and to th e award procedure of such contract, including 
the tender specifications, or, as the case may be, the descriptive documentation; 
 
Task Force  - a group of experts within the contracting author ity which develops public 
procurement procedures; 
 
open tender  –public procurement procedure regulated by the pre sent law in which any interested 
business operator may submit a bid; 
 
electronic tender  - is a repetitive process which implies 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 for the ranking thereof based on 
certain automated assessment methods;  
 
restricted tender  –public procedure any business operator may ask to  participate in and within 
which only the business operators preselected by th e contracting authority are allowed to submit 
bids; 
 
electronic means - means using electronic processing equipment, incl uding digital compression, 
and equipment for storage of the data which is tran smitted, sent and received by cable, radio, 
optical means or any other electromagnetic means; 
 
bidder –business operator who submitted a bid within the a ward procedure of the public 
procurement contract; 
 
bid –legal act, through which the business operator is expressing the will to legally enter a public 
procurement contract. The bid comprises the technic al offer and the financial offer; 
 
business operator  - supplier of goods, constructor of works and/or p rovider of services, who can 
be any individual or legal entity, any public entit y or association of such persons and/or entities, 
who supplies goods on the market, executes works an d/or provides services; 
 
negotiated procedure  - procedure in which the contracting authority con sults with the business 
operators in respect of their options and negotiate  the contractual conditions with one or several 
of them; 
 
financial offer – part of the bid, comprising information related t o the price, tariffs and other 
financial and commercial conditions relevant to mee t the requirements put forward through the 
award documentation; 
 
technical proposal  - part of the bid, developed based on the requirem ents specified in technical 
specifications or, by case, in the descriptive docu mentation; 
 
technical reference -  any product, other than official standards, develo ped by the European 
standardization bodies in accordance with a procedu re adapted to market requirements 
development; GPA/ACC/MDA/27 
 
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  Automated Information System “State Register of Pub lic Procurement”  (hereinafter  SIA 
„RSAP”  ) – complex information and telecommunications sys tem, assuring the informational 
support of the regulations and control processes of  public procurements; 
 
a dynamic procurement system - fully electronic process of acquisition of consum er goods 
whose characteristics, generally available on the m arket, meet the requirements of the 
contracting authority, being limited in time and op en for the entire period to any business 
operator who meets the selection criteria and submi ts an indicative bid, pursuant to the tender 
specifications. 
 
common technical specification  - technical specification drawn up in accordance with  a 
procedure recognized by the Member States and publi shed in the Official Journal of the 
European Union; 
  
technical specifications  - a set of technical instructions contained in particul ar in the tender 
specifications, which define the characteristics re quired for a certain material, product or good 
and which allow for the characterization thereof so  that they would meet the use pursued by the 
contracting authority. Among the respective charact eristics the levels of environmental 
performance, the design for all types of uses (incl uding access for disabled people) and the 
assessment of the compliance, performance, safety o r sizes, including procedures regarding 
quality assurance, vocabulary, symbols, testing and  testing methods, packing, marking and 
labelling, as well as the production process and me thods are in the list. 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 for esee under general or specific regulations in 
respect of the completed works and the materials or  elements thereof; 
 
standard -  technical specification approved by a designated s tandardization 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; 
b) European standard: a standard adopted by a Europ ean standardization body and made 
available to the public; 
c) national standard: a standard adopted by a natio nal standardization body and made available to 
the public      
 
Common Procurement Vocabulary, CPV  - reference list applicable to public procurement 
contracts. 
 
Article 2. Area of the law application  
 
(1) This law applies to the public procurement cont racts except for the ones specified under 
art. 4 whose estimated value, less the value added tax, is equal to or higher than the following 
thresholds: 
 
a) for public procurement contracts for goods and s ervices - MDL 80,000; 
b) for public procurement contracts for works -  MD L 100,000. 
      GPA/ACC/MDA/27 
 
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  (2) This law is also applied by a legal entity with out the standing of a contracting authority 
in the cases of awarding a contract on works or ser vices funded/subsidized directly with over 
50% by the contracting authorities and which does n ot refer to the exceptions specified under 
Art. 4. 
 
(3) This law is also providing for peculiarities re garding public procurement contracts 
except those specified under Art. 4, whose estimate d value, less the value added tax, is equal to 
or higher than the following thresholds: 
     a) for public procurement contracts for goods and services - MDL 2.300,000; 
     b) for public procurement contracts for works - MDL 90.000,000. 
              
(4) The contracts on public procurements, whose est imative value, less the value added tax, 
do not exceed the thresholds mentioned to para. (1)  are regulated under the public procurement 
Regulations for the small value public procurement approved by the Government.  
 
(5) The present law is applied as such to the vario us forms of public private partnerships 
which are not forbidden under the law as well as in  the case of awarding concession contracts for 
public works. 
 
(6) The present law applies as such to the organiza tion of the competitions of solutions and 
conclusion of framework agreements. 
 
(7) The contracting authority which, based on the l egal authorities it has, grants to a law 
subject, which is not defined as contracting author ity, 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 or exclusive rights shall 
be imposed even when the contracting authority has not expressly stipulated this clause in the 
issued authorization.  
 
Article 3. Calculation of the estimated value of the public pr ocurement contracts and the 
planning of such contracts 
 
(1)  The calculation of the estimated value of a public procurement contract is based in the 
total value due to be paid, less the value added ta x, as estimated by the contracting authority. The 
structure of the total value due to be paid include s any form of consideration, including bonuses, 
charges, fees, profit obtained and/or payment of bo nuses or other payments to the benefit of the 
bidders, taking into account any potential form of option and any potential prorogations of the 
contract. 
 
(2)  The estimated value of the public procurement contr act has to be determined before the 
commencement of the award procedure for the respect ive contract. This value has to be valid at 
the time of sending the participation announcement for publication, or, in case the award 
procedure does not involve the publication of such an announcement, at the time of sending the 
participation invitation. 
 
(3)  If, by awarding the supply contract, the contractin g authority aims to acquire products 
which also require installation and commissioning o perations/works, then the estimated value of 
such contract shall also include the estimated valu e of the respective operations/works.  GPA/ACC/MDA/27 
 
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  (4)  In the event when, on the date of estimating the va lue of the supply contract, the 
contracting authority has not determined the means of acquiring the products yet – purchase 
including hire-purchase, renting or leasing, with o r without purchase option - then the estimated 
value of this contract has to be deemed equal to th e highest of the values corresponding to each 
means of acquiring the products.  
 
(5)  In the event when, on the date of estimating the va lue of the supply contract, the 
contracting authority has determined the means of a cquiring 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 an d is shorter than or equal to 12 months, 
then the estimated value needs to be calculated by summing-up all the instalments payable 
throughout the duration of the respective contract;   
     b) if the duration of the contract is determin ed and is longer than 12 months, then the 
estimated value needs to be determined by summing-u p 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 co ncluded for;  
c) if the contract is executed for an unlimited dur ation or if the duration thereof cannot be 
determined on the date of estimation, then the esti mated value needs to be calculated by 
multiplying the value of the monthly payable instal ment 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 s uch contract would refer to the following 
computation basis:  
     a) either the total value of all similar suppl y contracts awarded in the last 12 months, 
adjusted, if possible, with the foreseeable modific ations which could occur in the following 12 
months in respect of the quantities acquired and re lative values;  
b) or the total estimated value of all similar supp ly contracts which are expected to be 
awarded in the following 12 months, as of the time of the first delivery.  
 
(7)  If the contracting authority intends to acquire sim ilar  products, but broken-down in lots 
whose acquisition is done by awarding several indiv idual supply contracts, then the estimated 
value 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 pa ra. 3, the contracting authority has the right to 
apply the procedure of the request for quotations o nly in respect of the lots which meet, 
cumulatively, the following conditions:  
     a) the estimated value, less the VAT, of the r espective lots is smaller than or equal to 
MDL 400,000;  
    b) the estimated aggregate value of the lots th e request for quotations procedure is applied 
to does not exceed 20% of the total value of the pr oducts to be supplied.  
 
(8)  If the contracting authority aims to award a servic es contract in respect of which it 
cannot anticipate the total price of performance, b ut 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 determi ned and does not exceed 48 months, then 
the estimated value needs to be determined taking i nto consideration the entire duration of the 
contract;  
a) when the duration of the contract cannot be dete rmined or exceeds 48 months, then the 
estimated value needs to be determined by multiplyi ng the monthly value by 48. 
 GPA/ACC/MDA/27 
 
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  (9)  If the contracting authority aims to award a servic es contract which has to be renewed 
within 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 c ontracts awarded in the past 12 months, 
adjusted, if possible, to the foreseeable modificat ions which could occur in the following 12 
months in respect of the quantities acquired and re lative values;  
b) or the total estimated value of all similar serv ices 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 sim ilar services, but broken-down in lots 
whose acquisition is the subject matter of distinct  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 requesting quotations only in resp ect of the lots which meet, cumulatively, the 
following conditions:  
a) the estimated value, less the VAT, of the respec tive lot is smaller than or equal to MDL 
400,000;  
b) the aggregate estimated value of the lots the re quest for quotations procedure is applied 
for does not exceed 20% of the total value of the s ervices to be rendered.  
 
(11)  If the contracting authority aims to acquire insura nce services, then the estimated value 
of these services contracts is determined based on the insurance premiums to be paid, as well as 
on other forms of consideration relative to the res pective services.  
 
(12)  If the contracting authority aims to acquire bankin g or other financial services, then the 
estimated value of these services contracts is dete rmined based on the charges, fees, interests and 
any other forms of consideration relative to the re spective 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 o f consideration relative to the respective 
services.  
 
(14)  If the contracting authority intends to acquire wor ks which would be subsequently made 
available to the constructor, materials, equipment,  engineering machineries or any other facilities 
required by execution of the works, then the estima ted value of the respective works contract has 
to include both the cost of the work to be executed , as well as the total value of the listed 
facilities.  
 
(15)  If the subject matter of the works contract is repr esented by the execution of a set of 
works which involves, as the case may be, supply of  equipment, installations, machineries or 
related facilities, then the estimated value is det ermined giving consideration to the total value of 
the entire set.  
 
(16)  If a work allows for execution by items/lots, in re spect of which the contracting 
authority aims to award, to one or several construc tors, distinct works contracts, then the 
estimated value has to be determined taking into co nsideration the aggregate value of all the 
items/lots which form the relevant work. In case th e 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 GPA/ACC/MDA/27 
 
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  authority has the right to apply the procedure of t he request for quotations only in respect of the 
items/lots which meet, cumulatively, the following conditions:  
    a) the estimated value, less the VAT, of the re spective item/lot is smaller than or equal to 
MDL 1.500,000; 
b) the aggregate value of the items/lots this excep tion is applied to does not exceed 20% 
of the total estimated value of the work.  
 
(17)  If the contracting authority aims to organize a com petition of solutions, then the 
estimated value which needs to be taken into consid eration is determined as follows:  
     a) if the competition of solutions is organize d as an independent procedure, then the 
estimated value includes the value of all prizes/am ounts to be awarded to the competitors, 
including the estimated value of the services contr act which could be entered into afterwards, 
provided that the contracting authority did not exc lude this possibility in the competition 
participation announcement;  
     b) if the competition of solutions is organize d as part of a procedure awarding a services 
contract, then the estimated value taken into consi deration is the estimated value of the 
respective services contract, including the value o f the potential prizes/amounts to be awarded to 
competitors.  
 
(18)  If the contracting authority intends to conclude a framework agreement, then the 
estimated value is considered to be the maximum est imated value, less the VAT, of all public 
procurement contracts anticipated to be awarded und er the respective framework agreement, 
throughout its term.  
 
(19)  If the contracting authority intends to use a dynam ic procurement system, then the 
estimated value is considered to be the maximum est imated value, less the VAT, of all public 
procurement contracts anticipated to be awarded usi ng the dynamic procurement system, 
throughout its term.  
 
(20)  The mode of planning the public procurement contrac ts is stipulated in the Regulations 
approved by the Government. 
 
Article 4. Exceptions  
 
(1)  The provisions of this law do not apply to: 
a) public procurement contracts awarded by contract ing authorities, developing their 
activity within the water, energy, transport and po st service sectors that are keeping with the 
framework of such activities, and which are regulat ed by other normative acts for coordinating 
the contract awarding procedures in the water, ener gy, transport and post service sectors;  
b) contracts whose subject matter is research and d evelopment services, other than those 
whose benefits rest exclusively with the contractin g authorities for use within their own 
activities, provided that the service rendered woul d be fully remunerated by the contracting 
authority, and their price does not exceed or is wi thin the limits of the market prices for such 
services; 
c) public procurement contracts whose subject matte r is arbitration and/or conciliation 
services; 
d) public procurement contracts regarding the issua nce, purchase, sale or transfer of 
securities or of other financial instruments, in pa rticular funds or capital raising operations of the  
contracting authorities; GPA/ACC/MDA/27 
 
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  e) contracts for printing banknotes and minting coi ns, as well as the transportation 
thereof; 
     f) contracts with adhesion nature, concluded b y the National Bank of Moldova with 
international financial institutions, non-resident business operators, covering the supply of goods, 
works and services to support the servicing of the automated inter-banking payment system, the 
state securities and inter-banking market, the mana gement of the foreign exchange reserves of 
the state, the foreign exchange operations of the s tate, including the external debt, the external 
audit of the annual financial statements, accounts and registers of the National Bank od 
Moldova; 
g) services provided by the National Bank of Moldov a; 
h)  public procurement contracts declared secrete, pursuant to the legislation, if their 
performance demands special security measures provi ded for by the legislation; 
i) work contracts; 
j) public procurement service contracts awarded by a contracting authority to another 
contracting authority or to an association of contr acting authorities based on an exclusive right 
they are entitled to under a law; 
k) public procurement contracts whose subject matte r is the acquisition of goods for 
resale; 
     l) contracts for the acquisition of goods, wor ks and services dealing with the 
manufacturing or trading of weapons, ammunition and  armament systems; 
m) public procurement contracts regulated by variou s norms of procedure and awarded: 
      -under an international agreement entered int o by the Republic of Moldova and 
one or several third countries regarding the goods or works required for the joint execution or 
operation of a work by the signatory states or rega rding the services required for the joint 
execution or operation of a project by the signator y states; 
      - under an international agreement regarding the deployment of troops and the 
commitments of the Republic of Moldova or of a thir d country; 
    - pursuant to the specific procedure of an inte rnational organization; 
n) public procurement contracts concluded by the di plomatic missions and consular 
offices of Republic of Moldova, in cases when the v alue thereof does not exceed the thresholds 
stipulated under Art. 2 para (3). The diplomatic mi ssions and consular offices of Republic of 
Moldova have the obligation to observe the principl es regulated under art. 6 of this law; 
o) contracts whose subject matter is the acquisitio n or lease, through any financial means, 
of land, existing constructions or other real estat e or the rights on such assets. The financial 
services contracts concluded in parallel, before or  after the conclusion of the acquisition or lease 
contract, irrespective of their form, are regulated  by this law;      
(p) contracts related to the purchase, development,  production or co- production of 
programs to be broadcast by radio and television br oadcasting institutions;  
 (q)  public procurement contracts based on which the con tracting authorities can make 
available or operate public telecommunication netwo rks or can supply to the public one or 
several telecommunication services.   
  
(2) If the contracting authority awards a contract whose subject matter is the provision of the 
services included in the category in appendix no. 2  to the present law, then the obligation to 
apply this law is valid only in respect of the cont racts whose value is equal to or higher than the 
one set out under Art. 2 para. (3) and limits to th e provisions of Art. 37 and Art. 29, and to the 
application, throughout the award procedure, of the  principles laid down under Art. 6. The 
complaints in connection with the procedure of awar ding contracts r whose subject matter is the 
services from the category included in Appendix no.  2 are settled pursuant to the provisions 
under Chapter X.   GPA/ACC/MDA/27 
 
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  (3) If the subject matter of the public procurement  contract referred to under para. (2) is, in 
addition to the provision of services of the catego ry included in appendix no. 2, also the 
provision of services of the category included in a ppendix no. 1, the provisions of para. (2) are 
applicable only if the estimated value of the servi ces included in appendix no. 2 is higher than 
the estimated value of the services included in app endix no. 1.   
 
(4) When awarding a public procurement contract, th e contracting authority does not have the 
right to combine, within the same contract, the ser vices included in appendix no. 2  with the 
services  from appendix no. 1, for the purpose of b enefiting from the application of the 
provisions of para. (2). 
 
Article 5. Special regime  
 
    (1) Contracting authorities in the field of nat ional defence, public order, national safety and 
security, have the obligation to apply the provisio ns of this law, except for the cases defined in 
art. 4. 
 
    (2) The right to participate in the procedures of awarding public procurement contracts may be 
reserved by the Government to some of the protected  workshops in cases when the majority of 
involved employees are people of disabilities who, due to the nature or seriousness of their 
disability, can not carry out a professional activi ty under normal conditions.  
 
     (3) In case that the participation in the awar d procedure is done in accordance with the 
provisions of para. (2), the contracting  authority  has the obligation to explicitly indicate this in 
the participation announcement.  
 
Article 6.  Principles regulating the relations concerning publ ic procurement  
 
The regulation of the relations concerning public p rocurement is done based on the 
following principles: 
a)  efficient use of the public funds and minimization of the risks for the contracting 
authorities; 
b)  transparency of the public procurement; 
c)  securing competition and fighting against unfair co mpetition in public procurement; 
d)  environmental protection and promotion of sustainab le development through public 
procurement; 
e)  maintaining  public order, ethics and public safety , health protection, protection of people’s 
lives, flora and fauna; 
f)  liberalization and expansion of international trade ; 
g)  free movement of goods, freedom to establish and re nder services; 
h)  equal treatment, impartiality, non-discrimination i n respect of all the bidders and business 
operators; 
i)  proportionality;  
j)  mutual recognition; 
k)  assuming accountability in the public procurement p rocedures; 
 
Article 7. Legal framework  
 
(1)  The relations regarding public procurement are regu lated by this law and other items of 
law, by the Government decisions adopted in accorda nce with this law.  GPA/ACC/MDA/27 
 
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  (2)  In case the international treaty Republic of Moldov a is a party to lays down other norms 
than the ones provided for by this law, the norms o f the international treaty shall apply. 
 
 
Chapter II 
STATE REGULATION OF THE PUBLIC PROCUREMENT 
 
Article 8. The  Public Procurement Agency 
 
(1)  The Public Procurement Agency is an 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. Th e Agency has a functional autonomy.  
 
(2)  The Public Procurement Agency has its own balance s heet, settlement account, a stamp 
with the Coat of Arms of the Republic of Moldova an d the name of the Agency in the 
state language.    
 
(3)  At territorial level, the Public Procurement Agency  performs its duties through its 
territorial subdivisions.  
 
Article 9.  The basic duties of the Public Procurement Agency 
 
    (1) The Public Procurement Agency has the follo wing basic duties in the field of public 
procurement:  
a)  to implement the normative acts in the field of pub lic procurement and to draw up 
proposals to amend and complement the public procur ement legislation; 
b)  to coordinate, monitor, evaluate and control the wa y the contracting authorities comply 
with the public procurement and public contract awa rd procedures;  
c)  to draw up, update and maintain the list of qualifi ed business operators and the banning 
list of the business operators; 
d)  to draw up and apply the standard documentation for  the public procurement procedures; 
e)  to review and register the tender documents submitt ed by the contracting authority within 
7 days from the date of their submission to the Age ncy; 
f)  to review the reports on public procurement procedu res;  
g)  to review and register, within 10 days from the sub mission date, the public procurement 
contracts concluded following the procurement proce dures; 
h)  to request the re-examination of or to cancel, as t he case may be, the results of the public 
procurement procedures;    
i)  to manage the automated register of public procurem ent; 
j)  to provide the contracting authorities methodologic al support and consultations in the 
field of public procurement, to initiate and suppor t training actions in respect of the 
personnel of the contracting authorities involved i n 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 Rep ublic of Moldova”, containing the 
announcements and information about public procurem ent procedures and awarding of 
public procurement contracts; 
l)  to produce, quarterly and annually, reports and sta tistical analysis regarding public 
procurement; GPA/ACC/MDA/27 
 
- 14 - 
 
  m)  to request and obtain from the competent bodies inf ormation about the business operators 
participating in the public procurement procedures,  as well as any information they need 
to carry out their duties; 
n)  to cooperate with similar international institution s and foreign agencies active in the field 
of public procurement; 
o)  to coordinate the activities of using foreign techn ical assistance in the field of public 
procurement; 
p)  to perform other functions provided for by this law  and other legislative and normative 
documents. 
 
Article 10.  Performance of the Public Procurement Agency’ acti vity and management 
thereof 
 
    The activity and management of the Public Procu rement Agency are performed in accordance 
with the regulation approved by the Government.  
 
Article 11.  Budget of the Public Procurement Agency  
 
(1) The Public Procurement Agency is funded from th e state budget, including from the 
raised income.  
 
(2) The budget of the Public Procurement Agency is developed, reviewed, approved and 
executed as provided for by the legislation. 
 
 
Chapter III 
PARTICIPANTS TO 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 authorities or persons. 
 
(2) 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 wh ose management is subject to the 
control of the public authorities or other legal en tities 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. 
 
(3) The contracting authority is also an associatio n of contracting authorities, whose members 
appoint, from among themselves, under a civil legal  instrument, a legal entity to represent them 
as sole purchaser, in the relations with any busine ss operator.  
 GPA/ACC/MDA/27 
 
- 15 - 
 
  (4)   The passing of a Government decision may also qual ify as contracting authorities other 
legal entities, which have the obligation to effect uate public procurements, pursuant to this law, 
in cases when their activity is carried out on mark ets where competition is excluded under an 
item of law or an administrative deed or by virtue of an existing monopolistic position on the 
market. 
 
(5)  Any other entity which does not cumulatively meet t he requirements under para. (2)  may 
be qualified as a contracting authority, upon choic e or decision of the competent management 
bodies, provided that procurements are made in stri ct compliance with this law. 
 
(6)  The central public authority is also a contracting authority designated by the Government 
to organize and perform, in centralized manner, the  public procurement procedures for the 
purpose of meeting the needs for the same goods, wo rks or services of several contracting 
authorities. 
 
(7)  It is deemed that the contracting authorities, whic h are purchasing goods, works, and 
services through a central procurement authority in  the meaning of para (6), fulfilled the 
provisions of the present law, to the extent to whi ch the respective central procurement authority 
fulfilled it as well.   
 
Article 13. Performance of the duties by the contracting author ities 
 
    (1) The contracting authority performs its duti es through a Task Force established for this 
purpose and formed of public servants and experts i n the field of public procurement from within 
the contracting authority, within the limits of the  documented personnel. Based on the subject 
matter of the procurement, the contracting authorit y may set up one or several procurement Task 
Forces.    
 
    (2) It is compulsory for the contracting author ity to  include in the procurement Task Force 
representatives of the civil society, if a written application was submitted two days before the 
deadline of bids submission, but they cannot consti tute more than one third of the total 
composition of the Task Force.  The representatives  of the civil society included in the group 
have the right for a consultative vote or of separa te opinion, which shall be stated in the 
deliberative act of the respective group.    
 
(3) The inclusion of the representatives of the civ il society into the Task Force is carried out 
for each separate procurement procedure. 
 
(4) The contracting authority guarantees the strict  recording of the applications from the 
civil society.  In case more applications than the number  of members with the right to vote were 
submitted, the applicants to be included into the T ask Force will be designated by drawing lots 
and cuts.    
 
(5) At the decision of the contracting authority, t he inclusion of the representatives of the 
civil society without limits stipulated in para (2)  can be permitted. 
 
(6) The contracting authority is responsible for th e execution and management of the public 
procurement contracts within the terms and conditio ns stipulated in them. 
 GPA/ACC/MDA/27 
 
- 16 - 
 
  (7) The contracting authority has the right to invi te as consultants into the Task Force, if 
need be, specialists and experts in the field the p rocurement is carried out in. In cases expressly 
provided for by the legislation, such specialists a nd experts invited to in the Task Force have the 
right to cast votes.  
 
Article 14.   The duties of the Task Force  
 
(1)  The Task Force shall have the following assignments  in the field of public procurement: 
a)  draw up annual and quarterly public procurement pla ns; 
b)  draw up announcements and/or invitations within the  public procurement 
procedures; 
c)  draw up award documents and other documents applica ble in the public 
procurement procedures; 
d)  initiate and carry out public procurement procedure s; 
e)  ensure wide participation of the business operators  in the public procurement 
procedures; 
f)  review, evaluate and compare the bids of the busine ss operators submitted in the 
public procurement procedures; 
g)  execute public procurement contracts that are concl uded by the contracting 
authority with business operators; 
h)  draw up reports on the results of the public procur ement procedures and submit 
such to the Public Procurement Agency; 
i)  monitor  the public procurement contracts;  
j)  maintain and keep records of all the documents draw n up and applied in the public 
procurement procedures. 
 
(2)  The contracting authority, via the Task Force, has the obligation to: 
a)  ensure the efficiency of the public procurement; 
b)  ensure objectivity and impartiality in the public p rocurement procedures; 
c)  ensure transparency and publicity of the public pro curement procedures; 
d)  supply, upon the request of the Public Procurement Agency, any information 
regarding the conclusion and performance of public procurement contracts. 
 
(3) While performing his duties, the member of the Task Force is autonomous, impartial, and 
follows only the law.  Any influence with the purpo se of determining the member of the group to 
carry out his duties contrary to the provisions od the present law is prohibited. 
 
 
Section 2 
Business operator 
 
Article 15.   Participation of the business operator in the pub lic procurement procedures 
 
(1)  Any business operator, resident or non-resident, in dividual or legal entity of private or 
public law or any group of such persons, have the r ight to participate, subject to the conditions of 
this law, in the procedure of awarding a public pro curement contract.  
 
(2)  The foreign business operator enjoys in the Republi c of Moldova the same rights in 
respect of the participation in the procedures of a warding public procurement contracts as those GPA/ACC/MDA/27 
 
- 17 - 
 
  enjoyed by the business operators of the Republic o f Moldova in the country where the foreign 
business operator is a resident.  
 
(3)  Business operators may associate for the purpose of  submitting bids and/or appear as 
associate bidders. The association (group of busine ss operators) may be bound to obtain a certain 
form of legal status when such transformation is ne cessary for the proper performance of the 
contract.     
 
(4)  The bidder/candidate who, in accordance with the le gislation of the state where it is 
established, is qualified to perform a certain acti vity, 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 entities 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 publi c procurement procedures, the 
business operator will submit the documents issued by the competent authorities, as determined 
by the contracting authority within the public proc urement procedures. According to the subject 
of the public procurement, for the purposes of Art. 1, and the selected procedure according to 
Art. 44 para. 1, the contracting authority has the obligation to determine, for each individual 
procedure, the qualification and selection criteria  necessary to be submitted by business 
operators.  
 
(2)  The contracting authority will consider the right o f the business operator to have its 
intellectual property and trade secret protected. 
 
(3)  The contracting authority evaluates the qualificati on data of the business operator 
pursuant to the manner  and criteria indicated in t he awarding documents.  
 
(4)  In the event the qualification data submitted by th e bidder/candidate are inaccurate to 
an insignificant extent or do not fully reflect the  information, the contracting authority has the 
obligation to ask for further clarifications before  making the decision to disqualify the bidder. 
The contracting authority disqualifies the bidder/c andidate at any stage of the procurement 
procedure if it finds out that the qualification da ta 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 bidder/candidate is disqualified if he fails to  supply the clarification requested by 
the contracting authority within the terms set by t he latter (within minimum 72 hours, or if the  
procedure applied is a request for quotations, with  a minimum term of 24 hours). In any of the 
cases, the contracting authority has the obligation  to allow for a reasonable term, based on the 
complexity of the request for clarifications. 
 
(6)   The contracting authority will ask the bidder to s ubmit supporting documents and, 
should any doubts regarding the personal situation of this bidder be raised, it can ask for the GPA/ACC/MDA/27 
 
- 18 - 
 
  cooperation of and necessary information from the c ompetent authorities, including authorities 
abroad. 
 
(7)  The competent bodies and the bodies in charge of de fending the law norms shall 
supply, free of charge and within maximum 10 calend ar days, upon the request of the 
contracting authorities, systematized information o r any other information about the legal status, 
involvement or non-involvement of the business oper ator in criminal organizations or groups, as 
well as any other data about the bidder provided fo r by this law. In case of a non-resident 
business operator, such information can be asked fr om the competent authorities abroad, 
pursuant to the international practices. 
 
(8)  The qualification and selection criteria determined  by the contracting authority shall be 
in obvious connection with the subject matter of th e contract to be awarded.  
 
(9)  The contracting authority has the obligation to com ply with the principle of 
proportionality when determining the qualification and selection criteria, as well as the level of 
the minimum requirements the bidders/candidates hav e to meet.  
 
(10)  The qualification and selection criteria indicated in the participation announcement 
and/or invitation have to be the same as the ones i ndicated in the award documentation.  
 
Article 17. Qualification and selection criteria  
 
The contracting authority shall apply qualification  and selection criteria, related to and 
proportionate to the subject of the contract, refer ring only to:  
a) personal condition of the bidder or the candidat e;  
b) capacity of exercising professional activities;  
c) business and financial standing;  
d) technical and/or professional capacity;  
e) quality assurance standards;  
f) environmental protection standards.  
 
Article 18. Personal condition of the bidder or the candidate  
 
(1)  The contracting authority has the obligation to exc lude from the procedure of awarding 
the public procurement contract any bidder or candi date of whom it has information that, in the 
past 5 years, he was convicted, by final court deci sion, for participation in the activities of a 
criminal organization or group, for corruption, fra ud, and/or money laundering.  
 
(2)  The contracting authority has the obligation to exc lude from the procedure of awarding 
the public procurement contract any bidder or candi date who is in any of the following 
situations:  
      a) is in a bankruptcy process as a result of court decision;  
b) was in default of his obligations to pay the tax es, duties and social insurance 
contributions in accordance with the legal provisio ns in force in the Republic of Moldova or in 
the country in which he is established; 
     c) was convicted in the past three years, unde r a final court decision,  
for a deed which impaired on the professional ethic s or for having committed a  
professional mistake;  GPA/ACC/MDA/27 
 
- 19 - 
 
      d) submitted forged information or failed to su bmit the information requested by the 
contracting authority for the purpose of demonstrat ing compliance with the qualification and 
selection criteria. 
 e) is included in the “List of banned business ope rators”.  
 
(3)  The contracting authority has the obligation to acc ept as being sufficient and relevant 
any document deemed self-evident, from this point o f view, in his 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 auth orities in the respective country supporting 
the fact that the bidder/candidate is not in any of  the situations provided for under para. 1 and 
para. 2.  
(4)  In respect of the cases indicated under para. 2, in  accordance with the domestic 
legislation of the state where the bidders/candidat es are established, the provisions under para. 3 
refer to individuals and legal entities, including,  as the case may be, to managers of companies 
or any person with representation, decision-making or control powers in respect of the 
bidder/candidate.  
(5)  If in the country of origin or in the country where  the bidder/candidate is established no 
documents having the character of the ones stipulat ed under para. (3) are issued or the respective 
documents do not cover 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 p rofessional association having authority in this 
field. 
 
Article 19. Capacity of exercising professional activities   
 
(1) The contracting authority has the right to ask any business operator to submit 
illustrative documents supporting the form of regis tration as individual or legal entity and, as the 
case may be, certifying or attesting professional m embership, in accordance with the legal 
provisions of the country where the bidder/candidat e is established. 
 
Article 20. Business and financial standing 
(1)  The business and financial standing of an economic operator is proven by submitting of 
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 reports or, should publication of thes e reports be provided for by the 
legislation of the country where the bidder/candida te is established, excerpts of the financial 
reports;  
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 
deals with the activity in the past 5 years at maxi mum, to the extent to which such information is 
available. In this last case, the contracting autho rity has the obligation to consider also the date 
when the business operator was established or comme nced his business activity.  GPA/ACC/MDA/27 
 
- 20 - 
 
  (2)  If, for objective and grounded reasons, the busines s operator does not have a possibility 
to submit the documents requested by the contractin g authority, he has the right to prove his 
business and financial standing by submitting other  documents the contracting authority might 
find relevant, to the extent to which they reflect a true image of the business and financial 
standing of the bidder/candidate. 
 
(3)  If the contracting authority requests proving of th e business and financial standing, it 
has the obligation to also indicate in the award do cumentation the information the business 
operators will submit in this respect. 
 
(4)  For the performance of a contract, the business and  financial standing of the 
bidder/candidate may be supported also by another p erson, irrespective of the nature of the 
existing legal relations between the bidder/candida te and the person in question. 
 
(5)  In case the bidder/candidate proves his business an d financial standing invoking also 
the support provided, in accordance with the provis ions of para. (4), by another person, the first 
has the obligation to prove the support he benefits  from by submitting a firm commitment of the 
relevant person, executed in authentic form, by whi ch that person confirms that he will make 
available to the bidder/candidate the invoked finan cial resources. The person who provides 
financial support should not be in any of the situa tions provided for to Article 18 para. (1) and 
(2) letters a), c) and d), stipulating the exclusio n from the award procedure. 
 
(6)  Article 21. Technical and/or professional capacity 
 
(1)  In case of applying a procedure for the award of su pply 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, depending on t he peculiarities, quantity and complexity 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 perfor med during the past 3 years, with 
indication of values, periods of delivery, benefici aries, regardless of the fact whether such 
beneficiaries are contracting authorities or privat e customers. Such deliveries of products shall be 
confirmed by submitting certificates/documents issu ed or countersigned by an authority or by the 
private beneficiary. If the beneficiary is a privat e customer and, for objective reasons, the 
business operator is unable to obtain a certificate /confirmation from such customer, deliveries are 
proven by a declaration of the business operator;  
b) a declaration regarding the technical equipment and the measures applied to assure 
quality, as well as, if applicable, the study and r esearch resources;  
c) information regarding the technical personnel/sp ecialised body it has available or 
whose participation commitment was obtained by the bidder/candidate, in particular to ensure 
quality control;  
d) certificates or other documents issued by the au thorized bodies in this respect, 
supporting conformity of the products, clearly iden tified by reference to relevant specifications 
or standards;  
e) samples (to the extent to which the submission t hereof is justified), descriptions and/or 
photos whose authenticity can be proven in case the  contracting authority requests it.  
 
(2)  In case of applying a procedure for the award of a contract for services public 
procurement, for the purpose of checking the techni cal and/or professional capacity of the 
bidders/candidates, the contracting authority has t he right to ask them, depending on the specific GPA/ACC/MDA/27 
 
- 21 - 
 
  features, 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 similar  services provided du ring the past 3 years, including values, 
periods of provision, beneficiaries, regardless of the fact whether such beneficiaries are 
contracting authorities or private customers. Perfo rmance 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 privat e 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 declarat ion of the business operator;  
b) a declaration regarding the technical equipment and the measures applied to assure 
quality, as well as, if applicable, the study and r esearch resources;  
c) information regarding the technical personnel/sp ecialised body it has available or 
whose participation commitment was obtained by the bidder/candidate, in particular to ensure 
quality control;  
d) information regarding the studies, professional training and qualification of the 
management, as well as of the persons responsible f or the performance of the services contract.  
e) the statement on the annual average employed and  management staff numbers during 
the past 3 years;  
f) if applicable, information regarding the environ mental protection measures the 
business operator can apply during performance of t he services contract;  
g) information regarding the machineries, plants, t echnical equipment the business 
operator has available for the proper performance o f the services contract;  
h) information regarding the share of the contract the business operator potentially 
intends to subcontract.  
 
(3)  In case of applying a procedure for the award of a public procurement works contract, 
for the purpose of checking the technical and/or pr ofessional capacity of the bidders/candidates, 
the contracting authority has the right to ask them , based the specific features, volume and 
complexity of the works to be carried out and only to the extent to which this information is 
relevant for the performance of the contract, the f ollowing:  
 
a) a list of similar works executed during the past  5 years, accompanied by good 
execution certificates for the most important works , in which at least one contract of similar 
works to be contained having the value not less tha n 75% of the value of a future contract, or the 
cumulated value of all the contracts executed in th e last year of activity to be equal to or higher 
that than the value of the future contract. The res pective certificates of good execution shall 
indicate the beneficiaries, whether they are contra cting authorities or private customers, the 
value, the period and place of works execution, as well as whether such works were executed in 
accordance with the professional norms of the indus try and were successfully completed;  
b) information regarding the technical personnel/ s pecialised body it has available or 
whose participation commitment was obtained by the bidder/candidate, in particular to ensure 
quality control;  
c) information regarding the studies, professional training and qualification of the 
management staff, as well as of the persons respons ible for execution of the works;  
d) a statement on the annual average employed and m anagement staff numbers during the 
past 3 years;  
e) if applicable, information regarding the environ mental protection measures the 
business operator can apply during performance of t he works contract;  
f) a declaration regarding the machineries, plants,  technical equipment the business 
operator has available for the proper performance o f the works contract;  GPA/ACC/MDA/27 
 
- 22 - 
 
  g) information regarding the share of the contract the business operator potentially 
intends to subcontract. 
 
(4)  Criteria of qualification of similar goods, works a nd  services are defibned by the 
Government 
 
(5)  In case the contracting authority requests proof of  the technical and/or professional 
capacity, it has to indicated in the award document ation also the information that the economic 
operators follow to submit for that purpose.    
 
(6)  The technical and/or professional status of the bid der/candidate may be supported, for 
performance of a contract, also by another person, irrespective of the nature of the existing legal 
relations between the bidder/candidate and the pers on in question. 
 
(7)  In case the bidder/candidate proves his technical a nd/or professional capacity invoking 
also the support provided, in accordance with the p rovisions of para. (6), by another person, the 
first has the obligation to prove the support he be nefits from by showing a firm commitment of 
the relevant person, executed in authentic form, at testing that that person confirms the fact of 
putting at the disposal of the bidder/candidate the  technical and professional resources relied on. 
The person who provides technical and/or profession al support should not be in any of the 
situations, provided by Article 18 para. (1) and (2 ) letters a), c) and d) determining exclusion 
from the award procedure 
 
Article 22. Quality assurance standards  
 
(1)  If the contracting authority requests the submissio n of certain certificates, issued by 
independent bodies, attesting the fact that the bus iness operator complies with certain quality 
assurance standards, it has to relate to the qualit y assurance systems based on the series of 
relevant European standards, certified by bodies in  compliance with the series of European 
standards on certification, or pertinent internatio nal standards issued by accredited bodies.  
 
(2)  In accordance with the principle of mutual recognit ion, the contracting authority has 
the obligation to accept the equivalent certificate s issued by the bodies established in the states 
of the European Union.  
If the business operator does not hold a quality ce rtificate as requested by the contracting 
authority, the latter has the obligation to accept any other evidence produced by the respective 
business operator to the extent, to which the evide nce submitted confirms that an appropriate 
quality level is assured. 
 
 (3) If the business operator holds other certifica tions than the ones requested by the 
contracting authority, then the business operator h as the obligation to request from the 
contracting authority, before the deadline for subm ission of bids, under the sanction of rejection 
of bid, a confirmation of approval of such certific ations.   
 
Article 23. Environmental management standards  
 
(1)  If the contracting authority requests submission of  certain certificates, issued by 
independent bodies, attesting the fact that the bus iness operator complies with certain 
environmental protection standards, then it has to relate to:  
a) either to the Community Eco-Management and Audit  Scheme (EMAS);  GPA/ACC/MDA/27 
 
- 23 - 
 
  b) or to the environmental management standards bas ed on the series of European or 
international applicable standards in the field, ce rtified by bodies compliant with the Community 
law or the European or international standards conc erning certification.  
 
(2)  In accordance with the principle of mutual recognit ion, the contracting authority has 
the obligation to accept the equivalent certificate s issued by the bodies established in states of 
the European Union. If the business operator does n ot hold an environmental certificate as 
requested by the contracting authority, the latter has the obligation to accept any other proof or 
evidence submitted by the respective business opera tor, to the extent the evidence submitted 
confirms that an appropriate environmental protecti on level is ensured. 
 
(3)  If the business operator holds other certifications  than the ones requested by the 
contracting authority, then the business operator h as the obligation to request from the 
contracting authority, before the deadline for subm ission of bids, under the sanction of rejection 
of bid, a confirmation of approval of such certific ations. 
 
Article 24.  List of qualified business operators  
 
(1) The list of qualified business operators is an official writ which ensures accessibility of 
the business operator within the public procurement  procedures. 
 
(2) Enrolment in the List of qualified business ope rators is not compulsory and occurs 
upon the request of the business operator with a co nfirmation certificate obtained by him after 
enrolment. 
 
(3) The list of qualified business operators is dra wn up, updated and maintained by the 
Public Procurement Agency pursuant to the regulatio n approved by the Government. 
 
Article 25.  List of banned business operators  
 
(1) The List of banned business operators is an off icial writ and is drawn up by the Public 
Procurement Agency for the purpose of limiting, for  a 3-year period, the participation of 
business operators in the public procurement proced ures provided for by this law. 
 
(2) The list of banned business operators is drawn up, updated and maintained by the 
Agency pursuant to the Regulation approved by the G overnment. 
 
Article 26.   Award criteria for the public procurement contract  
 
(1)  The contracting authority has the obligation to ind icate in the participation announcement 
the award criteria relative to the public procureme nt contract.  
 
(2)  Notwithstanding the legislative or administrative p rovisions regarding remuneration of 
certain services, the award criteria relative to th e public procurement contract can be only:  
a) either the bid which is technically and economic ally the most advantageous;  
b) or the lowest price. 
 
(3)  In case of applying the criterion stipulated in par a.2 letter a) , the bid defined as winner is 
the bid with the highest score as resulting from ap plication of a system of evaluation factors 
establishing relative weights.  
 GPA/ACC/MDA/27 
 
- 24 - 
 
  (4)  If, for objective reasons which the contracting aut hority can thoroughly substantiate, the 
accurate determination of the relative weights for each individual evaluation factor is impossible, th e 
contracting authority has the obligation to indicat e in the participation announcement and in the 
award documentation, in descending order of their i mportance, at least the evaluation factors to be 
used.  
 
(5)  The contracting authority has the obligation to cle arly indicate in the participation 
invitation/announcement, as well as in the award do cumentation, the evaluation factors together with 
the relative weights thereof.  
 
(6)  The contracting authority has the obligation to ind icate in the award documentation the 
computation algorithm or the specific scoring metho dology of the advantages to result from the 
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, h owever not being limited thereof: 
    a) price, delivery terms, payment conditions, p rofitability, quality, aesthetic, functional 
and technical characteristics, technical servicing possibilities and costs, technical assistance, 
other elements deemed significant for the evaluatio n 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 con tracts 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, total price, other elements deemed significant for the 
evaluation of the bids , etc. - in case of public procurement contracts fo r services. The share of the 
price out of the total evaluation of the bids will not be lower than 40%.  
 
 
Chapter V 
PUBLICITY AND TRANSPARENCY  
 
Article 27. Intent announcement 
 
(1)  The contracting authority has the obligation to pub lish in the Public Procurement Newsletter 
a notice of planned procurement (intent announcemen t) regarding the contemplated public 
procurement procedures. The contracting authority h as the obligation to include in the 
announcement at least the information contained in Appendix no. 3 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 separatel y for goods, works and services, within 
maximum 30 days since the approval date of the resp ective contracting authority’s own 
budget.  
 
(4)  The intent announcement will include all public pro curement contracts contemplated to be 
award by the end of the budgetary year. In case of the procurement contracts whose GPA/ACC/MDA/27 
 
- 25 - 
 
  estimated value for goods and services is smaller t han MDL400,000 and for works smaller 
than MDL1.500,000, publication of the intent announ cement is not compulsory.  
 
(5)  Publication of the intent announcement does not obl ige the contracting authority to actually 
make the respective public procurement.  
 
Article 28.  Announcement of participation  
 
(1)  The contracting authority is obliged to publish in the Public Procurement Newsletter and 
on the Agency’s website, the announcement of partic ipation in all the cases provided for 
by this law, pursuant to the procurement procedure applied.  
 
(2)  In case of the public procurement procedures under Art. 2 para.(3), the announcement of 
participation will be also published in the “Offici al Journal of the European Community”. 
 
(3)  The announcement of participation will be published  in the state language and, as the 
case may be, in one of the international languages.   
 
(4)  Standard forms, approved in this respect, allowing the publicity of the public 
procurement procedures, shall be used when drawing up and executing the announcement 
of participation.  The contracting authority has the obligation to in clude in the announcement 
at least the information contained in appendix no. 3 and, if necessary, other information 
deemed useful by the contracting authority, using t he standard forms adopted by the 
European Commission.  
 
(5)  For the purpose of ensuring maximum transparency, t he contracting authority has the 
right to publish the announcement of participation also in other mass media, either 
national or international, but only subsequent to t he publication of the respective 
announcement in the Public Procurement Newsletter a nd on the Agency’s website. The 
notice published also in other local, national or i nternational means of information will 
indicate the number and date of the Public Procurem ent Newsletter, in which the 
announcement was published and will not contain oth er information than the ones 
already published in the given Newsletter. 
 
(6)  The notice will be published within certain terms w hich allows all interested business 
operators, subject to no discrimination whatsoever,  real possibilities of participating in 
the award procedures related to the public procurem ent contract. 
 
(7)  If, after publication of the notice, but before the  expire of the deadline set for receiving 
the bids, there is any need of correction, the corr ected announcement shall be published 
in the same means of mass information and will have  the same value as the original one.  
In that case the contracting authority will extend the deadline to allow potential bidders to 
make the necessary amendments. In cases when, irres pective of reasons, the technical 
specifications and the documents or the additional information, although timely 
requested, have not been submitted or have been sub mitted incomplete within the terms 
set forth by the present law, or in case that bids cannot be formulated otherwise than 
following a visit on site or after the onsite consu ltation of some documents appended to 
the technical specifications – the contracting auth ority will also extend the deadline so 
that all interested business operators can  have ac cess to all the information necessary to 
formulate their bids.   GPA/ACC/MDA/27 
 
- 26 - 
 
  Article 29. Award announcement  
 
(1) The Public Procurement Agency has the obligatio n to publish an award announcement in 
the Public Procurement Newsletter and on the Agency ’s website, no later than 30 calendar days 
since the date when the contracting authority provi des information regarding: 
  
a) completion of  the public procurement procedure - open tender, restricted tender, competitive 
dialogue, negotiation with/without prior publicatio n of a participation announcement, request for 
quotations - by awarding the public procurement con tract or concluding the framework 
agreement;  
b) completion of a competition of solutions by dete rmining the winning competitor;  
c) awarding of a a public procurement contract thro ugh a dynamic procurement system. 
 
(2) When awarding public procurement contracts thro ugh 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 with in maximum 48 days after the end of each 
quarter. 
 
(3) In case of the public procurement under Art. 2 para.(3), the award announcement will be 
published by the contracting authority also in the “Official Journal of the European Community”. 
 
(4) The award announcement relative to the public p rocurement contract will contain at least 
the information contained in Appendix no. 3 and, if  necessary, other information deemed useful 
by the contracting authority, using the standard fo rms. 
 
Article 30. Information and the award of the procurement contra ct 
 
(1)  The contracting authority has the obligation to inf orm the business operators involved 
in the award procedure of the decisions regarding t he result of the selection, the result of the 
award procedure relative to public procurement cont ract or the procedure for execution of the 
framework agreement, admission to a dynamic system of procurement, the result of the 
competition of solutions or, as the case may be, ca ncellation of the award procedure and 
potential subsequent commencement of a new procedur e, in writing and as soon as possible, but 
not later than 3 business days since the issuance t hereof. 
 
(2)   Communication whereby the information referred to under para. (1) is sent, can be 
sent also by fax or electronic means to the address es indicated by bidders in their bids. In any 
case this fact shall be recorded. 
 
(3)  In case the contracting authority does not send the  communication regarding the result 
of applying the procedure also by fax or electronic  means, then the terms set out under art. 30 
para. (1) are extended by 5 days. 
 
(4)   Within the communication referred to under para. ( 1), the contracting authority has the 
obligation to inform the winning bidder(s), or the accepted candidate(s) about the acceptance of 
the submitted bid(s) or candidature(s). 
 
(5)  Within the communication referred to under para. (1 ), the contracting authority has the 
obligation to inform the bidders/candidates who wer e rejected or whose bid/candidature was not 
declared t winner/accepted on the reasons supportin g the respective decision, as follows:  GPA/ACC/MDA/27 
 
- 27 - 
 
  a) to each rejected candidate, the actual reasons f or the rejection its candidature;  
b) for each rejected bid, the actual reasons on whi ch the rejection decision was grounded, 
with details of the reasons for which the bid was d eemed unacceptable and/or non-compliant, in 
particular which items of the bid did not match the  functional and performance requirements in 
the tender specifications;  
c) to each bidder who submitted an acceptable and c ompliant bid, which means 
admissible, but which was not declared the winning bid, the features and relative advantages of 
the winning bid(s) as compared to his own bid, the name of the bidder to be awarded the public 
procurement contract or, as the case may be, the na mes of the bidders a framework agreement 
would be entered into with.  
 
(6)  The tender documentation may include the requiremen t for the bidder whose bid was 
declared winner to sign the procurement contract wi thin 10 calendar days since the date when 
such contract was sent for signature to it. The con clusion of the contract may be suspended by 
the Complaint Settlement Agency in the cases specif ied under this law. 
 
(7)  The public procurement contract is deemed concluded  on the date of its signing by the 
parties, and enters into effect as of the time of i ts registration as defined under this law.     
  
(8)  If, after the expiry of the term set out under para .(6), the bidder who received the bid’s 
acceptance communication did not sign the public pr ocurement contract or did not submit the 
guarantee of the contract’s good performance, the c ontracting authority is entitled to reject the 
bid and select another winning bid of the bids stil l valid. Likewise, the contracting authority is 
entitled to reject all the other bids subject to th e conditions of this law. 
 
Article 31. Terms for execution of the contracts 
 
(1)  The public procurement contracts, which fall into t he scope of this law may be 
concluded only once the following waiting terms hav e elapsed:  
     a) 11 days since the date of sending the commu nication regarding the result of applying 
the procedure, should the estimated value, pursuant  to the provisions of Art. 3 of the respective 
contract be equal to or higher than the value thres holds set out under Art. 2 para. (3);  
b) 6 days since the date of sending the communicati on regarding the result of applying 
the procedure, should the estimated value, pursuant  to the provisions of art. 3 of the respective 
contract is smaller than the value thresholds set o ut under art. 2 para. (3).  
 
(2)  The public procurement /framework agreements which fall into the scope of this law, 
concluded before reaching the terms set out under p ara. (1), are void.  
 
(3)  Compliance with the terms set out under para. (1) i s optional in the following cases:  
a) when the public procurement contract is awarded  following the negotiations 
procedure without prior publication of a  participa tion announcement;  
b) when the respective public procurement contract/ framework agreement is to be 
concluded with a business operator who was the only  bidder in the respective award procedure, 
and there are no other business operators involved in the award procedure;  
c) when a contract is awarded subsequent to a frame work agreement or as a result of 
using a dynamic procurement system. 
 
 
 GPA/ACC/MDA/27 
 
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  Chapter VI 
MAIN REQUIREMENTS IN RESPECT OF THE AWARD PROCEDURE  
 
Article 32.  Rules applicable to communication 
 
(1)  Any communication, request, information, notificati on and similar, as provided for in 
this law, shall be sent in writing.  
 
(2)  Any document in writing will be registered both as outgoing and incoming.  
 
(3)  The contracting authority has the right to impose i n the award documentation the means 
of communication it intends to use during applicati on of the award procedure.  
 
(4)  The business operator has the right to send a reque st to participate in the award 
procedure through any of the means stipulated under  Art. 33, including by phone; in this last 
case, the business operator has the obligation to c onfirm the participation request in writing, as 
soon as possible, but no later than 3 days from the  date when the participation request was made 
and compulsory until the deadline for presenting th e bids. 
 
(5)  The contracting authority has the right to impose t hat any request to participate in the 
award procedure, which was sent by fax, is confirme d, within 3 days, by a mailed letter or 
through electronic means.  
(6)  The business operator submit the bid only by mail o r through electronic means, should 
such possibility be provided in the participation a nnouncement. 
 
(7)  In case the contracting authority determines that t he bids are to be mailed, the bidder 
has, implicitly, also the right to deliver the bid directly to the headquarters of the contracting 
authority or to another address indicated by the la tter.  
 
(8)  The contracting authority has the right to decide t hat the participation requests and/or 
bids be submitted through electronic means, provide d only that the following requirements are 
met:  
a) the information about the specific possibilities  of electronic transfer, including encrypting, is 
available to any interested business operator;  
b) the electronic receipt devices properly secure t he integrity and confidentiality of the received 
data;  
c) the business operators have to submit the reques ted 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 r eceipt data entails the fact that the 
electronic devices, based on their technical featur es and/or the specific procedures used, allow 
that at least the following conditions are cumulati vely met:  
a) the exact time of receiving the bids or particip ation requests, as well as, if applicable, certain 
plans/projects, can be accurately determined;  
b) no person has access to the data transmitted bef ore the date transmission deadline;  
c) in case the access interdiction under letter b) was violated, such unauthorized access is clearly 
detectable;  
d) only authorized persons in this respect have the  right to set or modify the visualization data of 
the receipt data;  GPA/ACC/MDA/27 
 
- 29 - 
 
  e) access to the received data is possible, in all the stages of the process, only through the 
simultaneous action of two authorized persons/syste ms and only after the visualization date set 
pursuant to the provisions of letter d);  
f) after the visualization date of the received dat a, access to the respective data remains possible 
only for persons authorized to visualize the respec tive data. 
 
(10)  Communications, exchanges of information and storag e thereof are done so that data 
integrity and confidentiality of the bids and parti cipation 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 subm ission. 
 
(11)  The tools used for electronic communication, as wel l as the technical features thereof 
should be permanently available to the public and c ompatible with the general information and 
communication technologies. 
 
(12)  Application of the electronic bids’ transmission an d receipt devices, as well as of the 
electronic devices relative to the participation re quests takes place in observance of the following 
rules: 
    a) the information about the necessary specific ations of the electronic submission of the bids 
and participation requests, including encryption, h as to be available to the interested parties; 
 b) the electronic bids have to be confirmed by ele ctronic signature. 
 
(13)  In the process of communication the contracting aut hority shall not discriminate any of 
the business operators what concerns the communicat ed information, and the award documents, 
the specification conditions or other descriptive m aterials shall be made available, identical by 
volume and contents, for all business operators who  had submitted for the purpose an application 
for participation.    
 
Article 33.  Forms of communication 
 
    (1) All communication, as well as all exchanges  of information can be carried out, at the 
contracting authority’s option, by mail, by fax, el ectronically, 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 procedu re of public procurement contracts award.  
 
Article 34. Clarifications  
 
(1)  Any interested economic operator is entitled to req uest clarifications regarding the 
award documentation.  
 
(2)  The contracting authority shall respond in a clear,  complete and unambiguous manner, 
at the shortest time possible, to any requested cla rification, within a period which shall not 
exceed, in general, 3 business days since the recei pt of such a request from the business operator, 
except for a competition involving a request for qu otations, where such period shall not exceed 
one business day.  
 
(3)  The contracting authority has the obligation to sen d the responses, accompanied by the 
relevant questions, to all business operators who o btained, subject to the conditions of this law, GPA/ACC/MDA/27 
 
- 30 - 
 
  the award documentation, taking measures not to dis close the identity of the person who 
requested such clarifications and it will further p ost them in SIA “RSAP”.   
 
(4)  Notwithstanding the provisions of para. (2), to the  extent to which the clarifications are 
requested within the due time, the response of the contracting authority to such requests has to be 
published in SIA “RSAP” or sent to the business ope rators no later than: 
(a) 6 days before the deadline set for submission o f the bids, in case the estimated 
value of the contract is higher than the thresholds  under Art. 2 para.3; 
(b) 4 days before the deadline set for submission o f the candidatures, in case of a 
the restricted tender, negotiation with publication  of an announcement. 
(c) 3 days before the deadline set for submission o f the bids, in case the estimated 
value of the contract is smaller than the threshold s under Art. 2 para.3; 
(d) 1 day before the deadline set for submission of  the candidatures, in case of 
quotations request. 
 
(5)  If the business operator failed to send the request  for clarifications in due time, thus 
making it impossible for the contracting authority to observe the term set out under  para. (4), the 
latter has the possibility not to respond. If the c ontracting authority decides to send the response 
to the request for clarifications, it has the oblig ation to extend the term set for submission of the 
bids so that the term under para.(4) is met. In thi s case, extension of the term for the bids 
submission does not extend the right to request cla rifications. 
 
(6)  The contracting authority has the obligation to ope n the candidatures/bids on the date, at 
the time and at the address indicated in the partic ipation invitation/announcement, to the extent 
to which the obligation concerning the extension of  the bids submission deadline has not already 
fallen due, unless the bids submission deadline was  extended as a result of suspending the 
procedure. 
 
Article 35. The requirement to have the documents confirmed 
 
    The contracting authority is entitled to ask th e bidder to confirm the documents submitted, 
subject to the conditions set for this category of documents. 
 
Article 36. Rules regarding the terms for submission and receip t of the participation 
requests and bids 
 
    (1) The business operator, interested to partic ipate in the public procurements procedure, has 
the obligation to submit, in this sense, a request of 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 authority shall take into account the complexity 
of the contemplated procurement procedures, the ant icipated subcontracting area and the usual 
time required to mail the bids from the country and  abroad. 
 
    (4) The contracting authority is responsible fo r setting the deadline for submission and receipt 
of the participation requests and bids. GPA/ACC/MDA/27 
 
- 31 - 
 
  Article 37.  Rules regarding description of the goods, works an d services 
 
(1)  The characteristics of the goods, works and service s requested by the contracting 
authority shall represent an accurate and complete 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 pr ocurement have to match the 
requirements of the contracting authority in respec t of quality, efficiency, testing, security, 
dimensions, symbols, terminology, packing, means of  transportation, marking, labelling, 
production processes and methods, as well as the pr ocedures for determining its compliance with 
the requirements of the award documents. 
 
(3)  When drawing up the technical characteristics, desi gns, technical drawings, drafts and 
descriptions, the contracting authority executes th e physical description of the requested goods, 
works or services only in cases when the descriptio n of performances and/or operational 
requirements is impossible,  
 
(4)  The technical characteristics shall neither refer t o a certain trademark or business 
operator, patent, draft or type of goods, services and works, nor shall they indicate a certain 
origin, producer or specific business operator. Sho uld no sufficiently accurate presentation of the 
procurement requirement exist, and such reference c annot 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 ca se may be. 
 
(6)  The technical specifications shall be defined so as  to match, whenever possible, the 
needs/demands of any user, including disabled peopl e. 
 
(7)  The technical specifications have to allow each bid der equal access to the award 
procedure and won’t have the effect of creating und ue barriers to restrict competition between 
business operators. 
 
(8)   Notwithstanding the national compulsory technical regulations, to the extent to which 
they are compatible with the Community law, the con tracting authority has the obligation to 
define the technical specifications:  
 
a) by reference, usually in the following order of priority, to the national/European standards, 
national/European technical homologations, internat ional standards or other technical references 
drawn up by national/European standardization bodie s; should such be absent, then the technical 
specifications are defined by reference to other na tional technical standards, homologations or 
regulations regarding the use of products or the de sign, computation and execution of the works. 
Any such reference has to be accompanied by the spe cification “or equivalent”; or  
b) by articulating the requested operational perfor mances and/or requirements which have to be 
sufficiently precise to allow bidders to determine the subject matter of the public procurement 
contract and the contracting authority to award the  respective contract; or  GPA/ACC/MDA/27 
 
- 32 - 
 
  c) both by articulating the requested operational p erformances and/or requirements, as stipulated 
under letter b), as well as by references to the co mmon technical standards, homologations, 
specifications indicated under letter a), as means of presuming the compliance with the 
respective level of performance and operational req uirements; or  
d) by articulating the requested operational perfor mances and/or requirements, as stipulated 
under letter b), for certain characteristics and by  reference 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 service s included in the technical proposals are not 
compliant with the indicated specifications, provid ed that the bidder proves, through any 
adequate means, that the technical proposal submitt ed meets, in an equivalent manner, the 
requirements of the contracting authority, as defin ed in the technical specifications. 
 
(10)  If the contracting authority defines the technical specifications in the tender 
specifications by articulating the requested operat ional performances and/or requirements, then 
no bid may be rejected if the bidder proves, throug h any adequate means, that the products, 
services or works offered support the achievement o f 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 Eur opean Community;  
d) an international standard;  
e) other technical regulations issued by European standardization bodies.  
 
(11)  Adequate means of supporting compliance with the te chnical specifications can be the 
technical file of the manufacturer or a trial/testi ng report issued by a recognized body, such as, as 
the case may be, an independent trial and calibrati on 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 define the technical 
specifications may also include environmental chara cteristics. 
 
(13)  If the contracting authority requests compliance wi th environmental characteristics in 
terms of the operational performance and requiremen ts, then it has the right to use, entirely or in 
part, the specifications defined as European or (mu lti)national “eco-labels” or as any other “eco-
labels” if the following conditions are cumulativel y met:  
a) the respective specifications are adequate to de fine the characteristics of the products 
or services whose supply/provision makes up the sub ject matter of the public procurement 
contract;  
b) the requirements for ”eco-label” have been scien tifically developed;  
c) the “eco-label" was adopted by a specific proced ure that allowed the involvement of 
all interested parties - government bodies, consume rs, producers, distributors, environmental 
organizations;  
d) the “eco-label" is accessible/ available to any interested person;  GPA/ACC/MDA/27 
 
- 33 - 
 
  (14)  The contracting authority is entitled to specify in  the Tender Specifications the fact that 
the products or services offered with a certain “ec o-label" are considered to automatically meet 
the requested technical specifications. On the othe r 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 techni cal specifications. 
 
(15)  The contracting authority has the right to impose i n the award documentation, to the 
extent such are compatible with the Community law, special terms of performing the contract 
aimed at obtaining certain social or environmental protection effects and the promotion of 
sustainable development. 
 
Article 38.  The award documentation 
 
    (1) The contracting authority has the obligatio n set forth in the award documentation any 
requirement, criterion, rule and other information,  necessary to offer the bidder/candidate a 
complete, correct and explicit information regardin g the way the award procedure is to be 
performed. 
 
    (2) The Public Procurement Agency shall examine , prior to submitting the participation 
announcement for publication, the compliance of awa rd documentation with the provisions of 
the public procurement legislation. 
 
(3)  Within maximum 10 days from the date of award docum entation receipt, the Public 
Procurement Agency: 
a)  either registers the award documentation; or 
b)  informs the contracting authority about the identif ied non-compliance of award 
documentation and on the reasons of non-compliance with the provisions of the 
public procurement legislation. 
 
    (4) The award documentation, re-submitted by th e contracting authority pursuing the 
incidence of provisions under para (3) letter b), s hall be examined by the Public Procurement 
Agency within maximum 5 days from the date of repea ted receipt thereof.  
 
     (5) The award documentation is drawn up and pu blished in the state language. 
 
     (6) The award documentation may be drawn up al so 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, prov ision of expertise services or involvement of 
foreign competitors;  
    b) the estimated price of the requested goods, works and services exceeds the thresholds set 
out under Art. 2 para.(3). 
 
    (7) The bids are submitted in the language spec ified in the award documentation. All business 
operators are entitled to make references to the aw ard documents and word the requirements in 
the language of the bid. 
 
 
 
 GPA/ACC/MDA/27 
 
- 34 - 
 
  Article 39.  Amendment the tender documents  
 
(1)  Until the expiration of the deadline for submission  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 of clarification by a business operator. Th e information about the amendments is 
communicated forthwith to all business operators wh o submitted requests of participation or 
whom the contracting authority offered tender docum ents to, as well as to the Public 
Procurement Agency. 
 
(2)  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  distributed forthwith to all business 
operators the contracting authority offered tender documents, will be published in SIA “RSAP” 
in compliance with the provisions of Art. 34, so th at they can consider it in preparation of the 
bids, and will be communicated to the Public Procur ement Agency. The minutes is integral part 
of the tender documents and its provisions, which a re considered by the contracting authority to 
be amendments or supplements to the tender document s, shall be indicated accordingly.  
 
Article 40.   Corruptibility within the public procurement proc edures 
 
(1)  The contracting authority will reject the bid if it  finds that the business operator which 
submitted it proposes or agrees to propose, directl y or indirectly, to any person holding an 
accountability position or to any employee of the c ontracting authority, a favour in any 
form, an employment offer or any other service as r eward for certain actions, decisions or 
application of a procurement procedure to the benef it of such business operator.  
 
(2)  Rejection of the bid and the reasons of rejection s hall be documented in the report on the 
procurement procedure and communicated forthwith to  the business operator in question.  
 
(3)  The Public Procurement Agency / the contracting aut hority and/or the business operator 
shall inform forthwith the competent bodies on any case of corruption or attempt of 
corruption on behalf of the business operator or th e representative of the contracting 
authority. 
 
(4)  The public procurement contracts obtained through c orruption, confirmed under a final 
court decision, are void. 
 
Article 41.  Conditions regarding taxes, environmental aspects,  health & safety 
 
    (1) The contracting authority will indicate in the tender specification the bodies business 
undertakings can obtain relevant information from i n respect of their obligations concerning 
taxes, environmental protection, occupational healt h and safety and work conditions in the 
Republic of Moldova, to be applied to the works exe cuted or services provided during the 
contract performance term. 
 
    (2) The contracting authority which supplies th e information stipulated under para.(1) requests 
the bidders to indicate that, in drawing up their b ids, they 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/27 
 
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  Article 42  The bid. Alternative bids 
 
(1)  The bidder has the obligation to draw up his bid in  accordance with the provisions laid 
down in the award documentation. 
 
(2)  The bid has a binding nature in terms of its conten t, during the entire validity term set 
by the contracting authority. 
 
(3)  The business operator has the obligation to submit the bid to the address and before the 
limit date and time set for submission in the parti cipation announcement or invitation.  
 
(4)  The risks related to the submission of the bid, inc luding force majeure, shall be borne 
by the business operator. 
 
(5)  The bid submitted to a different address of the con tracting authority than as established 
or bids submitted after the deadline for submission  of bids shall be returned unopened.  
 
(6)  The contents of the bids shall remain confidential until the date set for the opening 
thereof, and the contracting authority shall learn of the content of the respective bids only on 
such date. 
 
(7)   The contracting authority can allow the bidders to  submit additional bids, called 
alternative bids, but only in case the bids’ evalua tion criterion is the bid which is technically and 
economically the most advantageous. Only the altern ative bids may depart, to a certain extent, 
from the requirements laid down in the tender docum entation.  
 
(8)  The contracting authority has the obligation to inc lude in the tender documents 
minimum binding requirements to be met by the alter native bids in order to be considered. 
 
(9)  The participation announcement/invitation shall exp licitly indicate whether the 
submission of alternative bids is allowed or forbid den. Should such specification be absent, the 
contracting authority is not entitled to consider a lternative bids. 
 
(10)  The contracting authority does not have the right t o reject an alternative bid simply 
because it:  
a)  is drawn up using certain technical specifications defined otherwise than in the tender 
specifications, in case the bidder can prove that t he proposed solution supports the 
appropriate fulfilment of all the technical require ments requested by the contracting 
authority;  
b)  could be declared winner in case:  
    - the public procurement contract for goods, wh ich the contract award procedure was 
organized for, turns into a public procurement cont ract for services; 
    - the public procurement contract for services,  which the contract award procedure was 
organized for, turns into a public procurement cont ract for goods.  
 
(11)  The contracting authority has the obligation not to  consider the alternative bids which 
do not meet the minimum requirements stipulated und er para. (8) of the present article. 
 
 
 GPA/ACC/MDA/27 
 
- 36 - 
 
  Article 43.   Public procurement file 
 
(1)  The contracting authority has the obligation to put  together the public procurement file 
and to keep such for 5 years since the commencement  of the procurement procedure. 
 
(2)  The documents to be included in the public procurem ent file, as well as the ones to be 
sent to the Public Procurement Agency, are determin ed under the regulation approved by the 
Government. 
 
 
Chapter VII 
PUBLIC PROCUREMENT PROCEDURES  
 
 
Section 1 
 Types of public procurement procedures  
 
Article 44.  Public procurement procedures 
 
(1)  The public procurement contract may be awarded base d on the following procedures: 
a) open tender; 
b) restricted tender; 
c) competitive dialogue; 
d) negotiated procedures; 
e) request for quotations; 
f) competition of solutions 
g)procurement in case of plans for construction of social apartments. 
 
(2)  The basic award procedure for the public procuremen t 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 mea ns only in the cases expressly 
provided for hereunder. Such special means are: 
a) the framework agreement; 
b) the dynamic procurement system; 
c) the electronic tender. 
 
 
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 a nnouncement for participation in the 
open tender in order to inform the potential partic ipants, so that they can prepare their bids. 
 GPA/ACC/MDA/27 
 
- 37 - 
 
  (3)  The announcement for participation in open tenders is published in the Public 
Procurement Newsletter.   The period between the da te of publication of the announcement for 
participation and the deadline for submitting bids must be of at least 20 days.  
 
(4)  In case of public procurement procedures  in which the value of the contract to be 
awarded, as estimated pursuant to the provisions of  Art. 3, is equal to or higher than the value 
thresholds set out under Art. 2 para. (3) , the period between the date of sending the particip ation 
announcement for publication in the Public Procurement Newsletter  and the Official Journal of the 
European Union and the deadline for submission of t he bids has to be of at least 52 days. 
 
(5)  If the contracting authority published an intent an nouncement regarding the public 
procurement contract to be awarded, it has the righ t to reduce the period set out under para. (4) 
down to 36 days. 
 
(6)  The reduction stipulated under para. (5) is allowed  in case the intent announcement 
contained all the information which are indicated f or the participation announcement to the 
extent to which they were known on the date of publ ishing the intent announcement and were 
sent for publication at the most 12 months and at l east 52 days before the date of sending the 
participation announcement for publication.  
 
(7)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (4) or para. (5) may be 
reduced by 7 days.  
 
(8)  If the contracting authority publishes in electroni c format the entire award 
documentation and allows, as of the publication dat e of the participation announcement, direct 
and unrestricted access of the business operators t o this documentation, then it has the right to 
reduce the period set out under paras. (3) and (4),  as well as the ones resulted following 
application of the provisions of para. (7) by 5 day s.  
 
(9)  The reduction stipulated under para. (8) is permitt ed only in case the participation 
announcement contains details regarding the Interne t address where the documentation is 
available.  
 
(10)  Any interested business operator is entitled to req uest and obtain the award 
documentation.  
 
(11)  If, for technical reasons, the award documentation cannot be published in electronic 
format, the contracting authority has the obligatio n to make the award documentation available 
to the business operator as soon as possible, withi n a term which will not exceed 2 days since the 
receipt of the request from the latter.  
 
(12)  The interested business operator has the obligation  to deploy its best efforts so that 
compliance by the contracting authority with the pe riod set out under para. (11) would not lead 
to a situation in which the award documentation wou ld be made available to it with less than two 
days before the deadline for submission of the bid.  
 
Article 46.  Announcement of participation to open tender  
 
The announcement of participation to the open tende r is drawn up pursuant to the provisions of 
Article 28 and includes the information as it appea rs in Appendix no. 3. GPA/ACC/MDA/27 
 
- 38 - 
 
  Article 47.  Conditions for providing the tender documents  
 
The contracting authority will provide the tender d ocuments to the business operators pursuant to 
the provisions laid down in the invitation to tende r. The fee the contracting authority is entitled 
to charge for the tender documents includes only th e expenses incurred with their printing and 
delivery to the business operator. The protected wo rkshops, in the light of Article 5 paragraph 
(2), shall be provided these documents free of char ge.  
  
Article 48.  Award documents 
 
The structure and content of the award documents ar e established in the standard documentation 
approved by the Ministry of Finance. 
 
 
Section 3 
Restricted tender  
 
Article 49.   Initiation 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 applyi ng the selection criteria, in accordance 
with the provisions of Art. 16-25;  
b) the stage of evaluating the bids submitted by th e selected candidates, by applying the 
award criterion.  
 
(3)  The restricted tender is initiated by sending a par ticipation announcement for 
publication in the Public Procurement Newsletter, i n accordance with appendix no. 3A, asking 
the interested business operators to submit candida tures. The period between the date of sending 
the participation announcement for publication in t he Public Procurement Newsletter  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 betw een the date of sending the participation 
announcement for publication in the Official Journa l of the European Union and the deadline for 
submission of the candidatures has to be of at leas t 37 days. 
 
(5)  If, for urgency reasons, the number of days indicat ed under paras. (3) and (4) cannot be 
observed, the contracting authority has the right t o accelerate application of the procedure by 
reducing the period, however down to no less than 1 5 days prior to the deadline for candidature 
submission or no less than 10 days in case that the  announcement is sent by electronic means. 
 
(6)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (4) may be reduced by 7 
days. 
 GPA/ACC/MDA/27 
 
- 39 - 
 
  (7)  If the contracting authority publishes in electroni c format the entire award 
documentation, direct and unrestricted access of th e business operators to this documentation is 
ensured as of the publication date of the participa tion announcement.  
 
(8)  Any business operator has the right to submit his c andidature for the first stage of the 
restricted tender procedure.  
 
(9)  The contracting authority has the right to limit th e number of candidates to be selected 
to submit bids, provided that there is a sufficient  number of available candidates. When selecting 
the candidates, the contracting authority has the o bligation to apply objective and non-
discriminatory criteria, using only the selection c riteria laid down in the participation 
announcement.  
 
(10)  The contracting authority has the obligation to ind icate in the participation invitation the 
applicable selection criteria and rules, the minimu m number of candidates it intends to select 
and, if applicable, the maximum number thereof.  
 
(11)  The minimum number of candidates, as indicated in t he participation announcement 
referred to under para. (10), has to be sufficient to ensure an actual competition and, in any case, 
it cannot be smaller than 5.  
 
(12)  The number of candidates selected after the first s tage of the restricted tender has to be 
at least equal to the minimum number indicated in t he participation announcement.  
 
(13)  In case the number of candidates who meet the selec tion criteria is smaller than the 
minimum number indicated in the participation annou ncement, the contracting authority has the 
obligation to cancel the restricted tender procedur e. 
 
(14)  The means of performing the procurements through re stricted tender is determined in 
the regulation approved by the Government. 
 
Article 50.  Pre-qualification procedure  
 
(1)  In order to identify, prior to the submission of th e bids, the qualified business operators, 
the contracting authority runs the pre-qualificatio n procedure, with the application of the 
provisions of articles 16-25. 
 
(2)  In case of applying the pre-qualification procedure , the contracting authority will offer 
one set of pre-qualification documents to each busi ness operator which requests such, pursuant to 
the invitation to participation in the pre-qualific ation and pays for 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 submi ssion of the applications for the pre-
qualification; 
b) a brief description of the main clauses of the p rocurement contract to be concluded 
following the procurement procedures; GPA/ACC/MDA/27 
 
- 40 - 
 
  c) specification of the documents the business oper ator has to submit to confirm its 
qualification data; 
d) information about the manner, place and term of submission of the applications for pre-
qualification, indicating the limit time and date f or submission; 
e) any other requirements regarding preparation and  submission of the applications for pre-
qualification and the procedure thereof, which the contracting authority establishes in accordance 
with this law, with other items of law and norms an d with the standard documentation. 
 
(4)  The contracting authority has the obligation to res pond to any action of the business 
operator concerning the pre-qualification documents , 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 qualificat ion data of each business operator who submitted 
an application for pre-qualification.  
 
(6)  Once the results of the pre-qualification have been  recorded, the contracting authority 
communicates forthwith to the business operator who  submitted an application for pre-
qualification the results thereof and sends, upon t he request of any public applicant, the list of all  
pre-qualified business operators. Only these busine ss operators shall participate further in the 
procurement procedure. 
 
(7)  Candidates are informed pursuant to Article 30. 
 
Article 51. Sending the participation invitation  
 
(1)  The contracting authority has the obligation to sen d, at the same time, also invitations to 
participate in the second stage of the restricted t ender procedure to all selected candidates. 
  
(2)  Invitation to the second stage of the restricted te nder of a business operator who did not 
submit a candidature in the first stage or didn’t m eet the selection criteria is forbidden.  
 
(3)  The invitation to participate in the second stage h as to contain at least the following 
information:  
a) references regarding the published participation  announcement;  
b) limit date and time set for submission of the bi ds;  
c) address where the bids are to be submitted;  
d) language(s) which the bid has to be drawn up in;   
e) address, date and time of opening the bids;  
f) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the 
first stage in order to prove the technical and bus iness and financial capacity.  
 
(4)  If the award documentation is available directly th rough electronic means, the 
contracting authority has the obligation to include  in the participation invitation also information 
about the way such documentation can be accessed.  
 GPA/ACC/MDA/27 
 
- 41 - 
 
  (5)  If the upload of the award documentation is not pos sible for technical reasons, the 
contracting authority has the obligation to send th e participation invitation accompanied by a 
copy of the award documentation to all candidates s elected. 
 
(6)  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 contracting  authority has the obligation to send the 
participation invitation at least 40 days before th e deadline for submission of the bids.  
 
(7)  If the contracting authority published an intent an nouncement regarding the public 
procurement contract to be awarded, it has the righ t to reduce the period set out under para. (6) 
down to, usually, 36 days, and under no circumstanc es 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 f or the participation announcement, to the 
extent to which they were known on the date of publ ishing the intent announcement and were 
sent for publication at the most 12 months and at l east 52 days before the date of sending the 
participation announcement for publication.  
 
(9)  If the contracting authority publishes the entire a ward documentation and allows, as of 
the publication date of the participation announcem ent, direct and unrestricted access of the 
business operators to this documentation, then it h as the right to reduce the period set out under 
para. (6) by 5 days. 
 
(10)  The reduction stipulated under para. (9) is permitt ed only in case the participation 
announcement contains details regarding the Interne t address where the documentation is 
available. 
 
(11)  If, for urgency reasons, the number of days indicat ed under paras. (6) and (7) as well as 
the ones resulted following application of the prov isions of para.(9) and  (12) cannot be 
observed, the contracting authority has the right t o accelerate application of the relevant 
procedure by reducing the respective periods, but t o no less than 10 days.  
 
(12)  If the estimated value of the public procurement co ntract is smaller than the one set out 
under art. 2 para. (3), the contracting authority h as the obligation to send the participation 
invitation at least 20 days before the deadline for  submission of the bids.  
 
(13)  If the contracting authority publishes in electroni c format the entire award 
documentation and allows, as of the publication dat e of the participation announcement, direct 
and unrestricted access of the business operators t o this documentation, then it has the right to 
reduce the period set out under para. (12) by 5 day s.  
 
(14)  The reduction stipulated under para. (13) is permit ted only in case the participation 
announcement contains details regarding the Interne t address where the documentation is 
available . 
 
 
 
 
 
 GPA/ACC/MDA/27 
 
- 42 - 
 
  Section 4 
 Other public procurement procedures 
 
Article 52.  Competitive dialogue  
 
(1)  The Announcement of participation is an open tender  procedure, divided into three 
stages, applicable to all highly complex procuremen t contracts to the extent to which their 
awarding is not possible through application of the  open or restricted tender procedure.  Any 
business operator may ask to participate in a compe titive dialogue procedure within which the 
contracting authority maintains a dialogue with the  bidders admitted in this tender in view of 
developing one or several alternative solutions cap able of meeting the needs stated and based on 
which the selected bidders would be invited to subm it their bids.  
 
(2)  A public procurement contract is deemed highly comp lex in case the contracting 
authority is not able to: 
  a) define, for objective reasons, the technical m eans which can meet its needs and 
objectives, and/or 
c)  determine, for objective reasons, the legal and fin ancial nature of a project. 
 
(3)  If the public procurement contract is awarded by ap plying the competitive dialogue 
procedure, the award criterion employed shall be on ly the bid which is technically and 
economically most advantageous. 
 
(4)  The competitive dialogue procedure is divided into three stages:  
a) the stage of preselecting the candidates;  
b) the stage of dialogue with the candidates admitt ed following the pre-qualification, to 
identify the solution(s) able to meet the needs of the contracting authority and based on which 
the candidates would draw up and submit the final b id;  
c) the stage of evaluating the final bids submitted .  
 
(5)  The competitive dialogue is initiated by sending a participation announcement for 
publication, asking the interested business operato rs to submit candidatures.  
 
(6)  The period of time between the date when the partic ipation announcement was 
published in the Public Procurements Newspaper and the deadline for submission of 
candidatures shall be at least 20 days. 
 
(7)  If the estimated value of the public procurement co ntract is equal to or higher than the 
one set out under art. 2 para. (3), the period betw een the date of sending the participation 
announcement for publication in the Public Procurem ent Newsletter  and in the Official Journal 
of the European Union and the deadline for submissi on of the candidatures has to be of at least 
37 days.  
 
(8)  If the participation announcement was sent for publ ication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (7) may be reduced by 7 
days.  
 
(9)  Any business operator has the right to submit its c andidature for the first stage of the 
competitive dialogue procedure.  
 GPA/ACC/MDA/27 
 
- 43 - 
 
  (10)  In the pre-qualification of the candidates, the con tracting authority has the obligation to 
apply objective and non-discriminatory criteria, us ing only the pre-qualification criteria laid 
down in the participation announcement in this resp ect.  
 
(11)  The contracting authority has the obligation to ind icate in the participation 
announcement the applicable pre-qualification crite ria and rules, the minimum number of 
candidates it intends to pre-qualify and, if applic able, the maximum number thereof.  
 
(12)  The minimum number of candidates, as indicated in t he participation announcement 
referred to under para. (11), has to be sufficient to ensure an actual competition and, in any case, 
it cannot be smaller than 3.  
 
(13)  The number of candidates admitted to the second sta ge of the competitive dialogue has 
to be at least equal to the minimum number indicate d in the participation announcement.  
 
(14)  In case the number of candidates who meet the pre-q ualification criteria is smaller than 
the minimum number indicated in the participation a nnouncement, the contracting authority has 
the right to:  
a) either cancel the competitive dialogue procedure ;  
b) or to continue with the competitive dialogue pro cedure only with that/those 
candidate(s) who meet(s) the requested criteria.  
 
(15)  The contracting authority has the obligation to sen d, at the same time, also invitation to 
participate in the second stage of the competitive dialogue procedure to all admitted candidates. 
The invitation addressed to candidates shall compri se:  
a)  either a copy from the technical specifications or from the descriptive document 
and any other additional document; 
b)  or a reference for accessing the technical specific ation and other documents , 
specified under letter a), provided those are direc tly available in electronic format. 
 
(16)  Invitation to the second stage of the competitive d ialogue of a business operator who 
did not submit a candidature in the first stage or didn’t meet the pre-qualification criteria is 
forbidden.  
 
(17)  Besides the information foreseen to para. (15), 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 dial ogue, as well as the time and date of 
launching it;  
c) the language(s) of the dialogue;  
d) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the 
first stage in order to prove the technical and bus iness and financial capacity. 
 
(18)  The contracting authority has the obligation to sen d the participation invitation 
accompanied by a copy of the award documentation, w hich will include also the descriptive 
documentation.  
 GPA/ACC/MDA/27 
 
- 44 - 
 
  (19)  If the award documentation is available directly th rough 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 inc lude in the descriptive documentation 
at least a description of the needs, objectives and  constraints of the contracting authority, based 
on which the competitive dialogue will be carried o ut to identify reliable solutions, as well as, if 
the case, the bonuses to be awarded to the particip ants in the dialogue.  
 
(21)  The contracting authority has the right to provide in the descriptive documentation the 
possibility of running the dialogue in successive r ounds, for the purpose of reducing the number 
of solutions discussed. Successive reduction of the  solutions discussed is done only based on the 
evaluation factors which were established in the aw ard documentation.  
 
(22)  The contracting authority carries out the dialogue with every individual admitted 
candidate. This dialogue features discussion of the  options regarding the technical aspects, 
financial assemblages, means of solving certain pro blems in connection with the legal 
framework, as well as any other elements of the fut ure contract, so that the solutions identified 
would meet the objective needs of the contracting a uthority.  
 
(23)  During the dialogue, the contracting authority has the obligation to procure application 
of the principle of equal treatment to all particip ants. To this end, the contracting authority does 
not have the right to supply information in a discr iminatory manner, which is liable to create an 
additional advantage for one or several participant s against the other ones.  
 
(24)  The contracting authority has the obligation not to  disclose, without the content of the 
participant in question, the proposed solution and other confidential information presented by the 
latter.  
 
(25)  The contracting authority carries out the dialogue until it identifies the solution(s) which 
is/are appropriate for its objective needs.  
 
(26)  Once it has declared the dialogue stage closed and informed the participants thereof, the 
contracting authority has the obligation to invite the selected participants to submit a final bid, 
which bid is drawn up based on the solution(s) iden tified in this stage and has to contain all the 
necessary elements supporting the performance of th e future contract.  
 
(27)  The contracting authority has the obligation to sen d the invitation to submit the final bid 
with a sufficient number of days in advance of the deadline for submission of the bids, so that 
every selected participant is allowed a reasonable period to compile the final bid. 
 
(28)  The period allowed for drawing up of the final bid shall not be shorter than the 
minimum period agreed upon with the participants se lected during the second stage of the 
competitive dialogue procedure, but under no circum stances shorter than 15 days. 
 
(29)  The invitation to submit the final bid has to conta in at least the following information:  
a) references regarding the published participation  announcement;  
b) limit date and time set for submission of the bi ds;  
c) address where the bids are to be submitted;  
d) language(s) which the bid has to be drawn up in;   GPA/ACC/MDA/27 
 
- 45 - 
 
  e) address, date and time of opening the bids;  
f)  technical specifications, drafted based on a di alogue;  
g) if applicable, details regarding the additional documents the business operators have to 
submit for the purpose of checking the declaration or completing the documents submitted in the 
first stage in order to prove the technical and bus iness and financial capacity.  
 
(30)  During the evaluation stage, the contracting author ity has the right to ask for 
clarifications in respect of the bid. Evaluation of  the bids is done based on the criteria laid down 
in the award documentation.  
 
(31)  The contracting authority has the right to ask the bidder identified as the one having 
submitted the bid, which was economically the most advantageous, to reconfirm certain items of 
the bid or certain commitments undertaken by him un der such bid.  
 
(32)  In any of the cases provided in paras. (30) and (31 ), the clarifications, additional 
information or reconfirmations presented shall not lead to any amendments to the basic features 
of the bid or of the solutions which underlie the l aunch of the invitation to submit the final bids, 
amendments liable to distort the competition or cre ate an additional advantage against the other 
bidders. 
 
(33)  The mode of performing the procurements through com petitive dialogue is determined 
in the regulation approved by the Government 
 
Article 53. Negotiation with prior publication of a participati on announcement 
 
(1) The contracting authorities may award public pr ocurement contracts under a negotiated 
procedure, after publication of a participation ann ouncement: 
     a) in case of submitting an incorrect or unacc eptable bid under an open or restricted 
procedure, request for quotations or competitive di alogue, unless the initial conditions of the 
contract are materially modified. The contracting a uthorities are entitled not to publish a 
participation announcement if they include in the n egotiated 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 pro cedure in this case 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, especially those i ncluded in in the category 6 of Appendix 1 and 
the 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 sele cting the bid pursuant to the rules regarding 
the open or restricted procedure; 
d)  in case of public procurement contracts for works e xecuted or services rendered 
exclusively for the purpose of research and develop ment or experimentation and not to secure a 
profit or cover for the research and development co sts. 
 
(2) In the cases indicated under para. (1), in orde r to identify the bid which is most 
advantageous, the contracting authorities negotiate  with the bidders the bids they submitted in GPA/ACC/MDA/27 
 
- 46 - 
 
  order to adapt such to the requirements set out in the participation announcement, the tender 
specifications and potential additional documents. 
 
(3) In the case under para. (1), letter a), the con tracting authority has the right to decide on 
the inclusion of a final stage of electronic tender .  The contracting authority has the obligation to 
announce this decision in the participation announc ement and in the descriptive documentation.  
 
(4) The negotiation with prior publication of a par ticipation announcement is initiated by 
publishing a participation announcement in the Publ ic Procurement Newsletter, asking the 
interested business operators to submit candidature s.  
 
(5) The period between the date of publication of t he participation announcement in the 
Public Procurement Newsletter  and the deadline for submission of candidatures has  to be of at 
least 20 days. 
 
(6) If the estimated value of the public procuremen t contract is equal to or higher than the 
one set out under art. 2 para. (3), the period betw een the date of sending the participation 
announcement for publication in the Official Journa l of the European Union and the deadline for 
submission of the candidatures has to be of at leas t 37 days.  
 
(7) If, for urgency reasons, the number of days sti pulated under para. (5) and (6) cannot be 
observed, the contracting authority has the right t o accelerate the application of the procedure by 
reducing the period, however down to no less than 1 5 days.  
 
(8) If the participation announcement was sent for publication in the Official Journal of the 
European Union in electronic format, the period set  out under para. (6) may be reduced by 7 
days, and the period set out under para. (7) 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 has the obligation t o make the descriptive documentation 
available to the business operator as soon as possi ble, within a term which will not exceed 2 days 
since the receipt of the request from the latter.  
 
(11) The descriptive documentation shall contain a description of the needs, objective and 
constraints of the contracting authority, based on which the negotiations shall be carried out.  
 
(12) Any business operator has the right to submit its candidature to participate in the 
negotiation procedure with prior publication of a p articipation announcement.  
 
(13) In the pre-qualification of the candidates, th e contracting authority has the obligation to 
apply objective and non-discriminatory criteria, us ing only the pre-qualification criteria laid 
down in the participation announcement.  
 
(14) The contracting authority has the obligation t o indicate in the participation 
announcement the applicable pre-qualification crite ria and rules, the minimum number of 
candidates it intends to pre-qualify and, if applic able, the maximum number thereof.  
 GPA/ACC/MDA/27 
 
- 47 - 
 
  (15) The minimum number of candidates, as indicated  in the participation announcement 
referred to under para. (14), has to be sufficient to ensure an actual competition and, in any case, 
it may not 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 participat ion announcement, the contracting authority 
has the obligation to cancel the procedure concerni ng negotiation with prior publication of a 
participation announcement.  
 
(18) The contracting authority has the obligation t o send, at the same time, invitation to 
participate in the second stage of the procedure co ncerning negotiation with prior publication of 
a participation announcement to all preselected can didates. 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 specific ation and other documents , 
specified under letter a), provided those are direc tly 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) Besides the information foreseen to para. (18) , 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 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 bus iness and financial capacity.  
e) detailed and complete information regarding the award criterion applied to determine 
the winning bid, pursuant to the provisions of arti cle 26.  
 
(21) Any qualified candidate is entitled to request  clarifications regarding the descriptive 
documentation.  
 
(22) The contracting authority shall respond in a c lear, complete and unambiguous manner, 
at the shortest time possible, to any requested cla rification, pursuant to the provisions of Article 
34. 
 
(23) The contracting authority has the obligation t o send the responses, accompanied by the 
relevant questions, to all selected candidates, tak ing measures not to disclose the identity of that 
who requested such clarifications.  
 GPA/ACC/MDA/27 
 
- 48 - 
 
  (24) The contracting authority negotiates individua lly with each preselected applicant. 
During the negotiations all technical, financial an d legal aspects of the future contract are 
defined.  
 
(25) During the negotiations, the contracting autho rity has the obligation to procure 
application of the principle of equal treatment to all candidates. To this end, the contracting 
authority does not have the right to supply informa tion in a discriminatory manner, which is 
liable to create an additional advantage for one or  several candidates against the other ones. 
  
(26) The contracting authority has the obligation n ot to disclose, without the content of the 
candidate in question, the proposed bid or other co nfidential information presented by the latter.  
 
(27) The contracting authority has the right to pro vide in the descriptive documentation the 
possibility of running the negotiations in successi ve rounds, for the purpose of reducing the 
number of bid proposals subject to negotiation. Suc cessive reduction of the bid proposals is done 
only based on the evaluation factors which were est ablished 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 mode of performing the procurements throug h negotiation with publication of an 
announcement is determined in the regulation approv ed by the Government 
 
Article 54. Negotiation without prior publication of a particip ation announcement 
 
(1)  In case of public procurement contracts for goods, services and works, the contracting 
authority makes acquisitions through negotiation wi thout publication of a participation 
announcement, if:  
a) no bid or no adequate bid or no candidature has been submitted in response to an open 
or restricted tender, as long as the initial condit ions of the contract have not been 
modified substantially;   
     b) to the extent to which it is strictly neces sary, for maximum urgency reasons, as a result 
of certain events the contracting authority in ques tion could not foresee, the terms for the open 
procedure or the procedure concerning negotiation w ith publication of a participation 
announcement cannot be met. The situations relied o n to justify maximum urgency should not be 
imputed to the contracting authorities; the contracting authority does not have the right t o set the 
contract term for a period longer than the necessar y one in order to cope with the urgency which 
determined the application of the procedure concern ing negotiation without prior publication of a 
participation announcement; 
c) for technical, creation reasons, or reasons refe rring to the protection of the exclusive 
rights or for other objective reasons, when the nec essary goods, works and services are available 
to one single business operator or one single busin ess 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 publicatio n of a participation announcement, if: 
     a) the goods are produced only for the purpose  of research and development or 
experimentation; This provision does not apply to t he quantitative production aimed at 
determining the commercial viability of the product  or amortize the costs of research and 
development; GPA/ACC/MDA/27 
 
- 49 - 
 
   
     b) the public procurement contract regards add itional deliveries made by the initial 
supplier, aimed either at the partial replacement o f the goods or current use systems, or at the 
expansion of the existing goods or system, should r eplacement of the supplier force the 
contracting authority to acquire a technical materi al with different features, leading to  
incompatibility or out-of-proportion technical diff iculties in respect of use and maintenance. As a 
rule, the duration of such contracts, as well as th e one of the renewed contracts cannot exceed 3 
years; 
 
c) the goods to be acquired are listed and bought a t a raw materials stock exchange; 
 
d) the public procurement contract regards the acqu isition of goods under highly 
advantageous conditions, either  from a supplier wh ich finally terminates its business operations, 
or from an administrator  od insolvency procedure, or under a plan procedure or any other 
similar procedure, on the grounds of the domestic l egislation. 
 
(3)  In case of public procurement contracts for service s, the contracting authority makes 
acquisitions through negotiation without publicatio n of a participation announcement if the 
contract in question is the result of a competition  of solutions and, pursuant to the applicable 
rules, it has to be awarded to a winner or to one o f the winners of the competition of solutions. In 
this last case, all the winners of the competition shall be invited to participate in the negotiations . 
 
(4)  In case of public procurement contracts for works a nd services, the contracting authority 
makes acquisitions through negotiation without prio r publication of a participation 
announcement: 
     a) for the additional works or services which are included neither 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 r esult of an unforeseen situation, provided that 
the contract is awarded to the business operator wh o executes the respective work or renders the 
respective service: 
        --if the respective additional works or ser vices cannot be separated, technically or 
economically, from the subject matter of the initia l contract without creating a major 
inconvenient for the contracting authorities; or 
            --if the respective works or services, even if they can be separated from the subject matt er 
of the initial contract, are strictly necessary for  the finalization thereof. The aggregate value of 
the contracts awarded for additional works or servi ces should account for more than 15% of the 
value of the initial contract; 
b) for new works and services, consisting in the re petition 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 ser vices are compliant with a basic project and 
used to be the subject matter of an initial contrac t awarded under an open or restricted procedure 
or under a request for quotations. 
 
(5)  The possibility to apply the situations indicated u nder para.(4) letter b) is announced at 
the same time with the launch of the invitation to participate in the first project, and the 
contracting authorities shall consider the total va lue 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. 
 GPA/ACC/MDA/27 
 
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  (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 operators, 
sufficient to ensure a real competition. 
 
(7)  The mode of performing the procurements through neg otiation without publication of an 
announcement is determined in the regulation approv ed by the Government. 
 
Article 55. The request for quotations 
 
(1)  The contracting authority, through the request for quotations, may award public 
procurement contracts for goods, works or services,  which are presented in accordance 
with certain actual specifications, provided that t he estimate value of the procurement 
would not exceed MDL 400,000 for goods and services  and MDL1.500,000 for works. 
 
(2)  The contracting authority may determine, beside 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 suc h offer between the contracting 
authority and the bidder. 
 
(4)  The bid which meets all the requirements for the lo west price will be declared winner.  
 
(5)  In case of an acquisition of goods and services who se estimated value exceeds MDL 
150,000 and an acquisition of works whose value exc eeds MDL200,000,  the contracting 
authority publishes in advance a participation anno uncement in the Public Procurement 
Bulletin and on the Agency’s website. 
 
(6)  In case of procedures through the request for quota tions, the term for submission and 
receipt of the bids will be at least 7 days for goo ds and 12 days for works and services, 
both since the date of sending the participation in vitation. 
 
(7)  The mode of performing the acquisition through the request for quotations is determined 
in the regulation approved by the Government. 
 
Article 56. Competition of solutions  
 
(1)   The contracting authority has the right to organiz e a competition of solutions, namely a 
special procedure whereby it acquires, in particula r in the field of land improvement, urban 
planning and landscaping, architecture or data proc essing, a plan or a project, by selecting such 
on a competitive bases through a jury, with or with out prize giving. 
 
(2)   The contracting authority has the right to organiz e a competition of solutions, as 
described under para. (1), as an independent proced ure, 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 in dicate in the competition 
documentation any information, requirement, rule, c riterion or similar, which are necessary to GPA/ACC/MDA/27 
 
- 51 - 
 
  ensure complete and accurate information of the pot ential competitors regarding the application 
of the competition of solutions.  
 
(4)   The competition documentation shall contain at lea st:  
a) general information regarding the contracting au thority;  
b) instructions regarding the deadlines to be met a nd formalities to be performed in 
connection with the participation in the competitio n;  
c) the minimum qualification requirements the contr acting authority decided to request, 
as well as the documents to be submitted by the com petitors to prove the respective requirements 
are met;  
d) the set of requirements based on which the compe titors would draw up and submit the 
project;  
e) the amount of the prizes to be awarded, in case the competition is organized as an 
independent procedure;  
f) the commitment of the contracting authority to t he execution of the services contract 
with the winner or one of the winners of the respec tive competition, in case the competition is 
organized as part of another procedure for the awar d 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 
Newsletter of a participation announcement for publ ication, asking the interested business 
operators to submit projects. The announcement shal l include at least the information provided in 
Appendix no. 3.  
 
(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 tha n 20 days.  
 
(7)   Notwithstanding the provisions of para. (6), the c ontracting authority has the obligation 
to send the participation announcement for publicat ion 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 o r higher than the one stipulated under Article 
2 para (3). 
 
(8)   The contracting authority has the obligation to ta ke all necessary 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. 
 
(9)   The content of the plans or projects submitted sha ll remain confidential at least until the 
date set for the opening thereof, and the jury will  learn of the content of the respective projects 
only after such date. 
 
(10)  In case the contracting authority requests for the projects to be sent through electronic 
means, the conditions of article 32 shall apply acc ordingly. 
 
(11)  The contracting authority has the right to make a p reliminary selection of the 
competitors, using clear, objective and non-discrim inatory criteria in this respect, which have to 
be explicitly indicated in the competition document ation. The contracting authority has the GPA/ACC/MDA/27 
 
- 52 - 
 
  obligation to take all reasonable actions for the e xchanges 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 competit ors.  
 
(12)  The number of competitors selected has to be suffic ient to ensure a real competition.  
 
(13)  For the purpose of evaluating the projects submitte d in a competition of solutions, the 
contracting authority has the obligation to appoint  a jury formed of at least 3 members, 
independent from the competitors, with relevant bac kground and experience in the field, as well 
as recognized moral probity.  
 
(14)   In case of the competitors who were requested a ce rtain professional skilling, then at 
least one third of the number of jury’s members hav e to master the same skilling or equivalent. 
 
(15)  The projects shall be submitted anonymously and suc h anonymity will be preserved 
until the time when the jury makes a decision or fo rms an opinion.  
 
(16)   The jury is autonomous in the decisions made and o pinions issued. 
 
(17)   The jury has the obligation to evaluate the projec ts submitted exclusively based on the 
evaluation criteria indicated in the competition an nouncement.  
 
(18)   The jury has the obligation to draw up a report, s igned by all its members, containing 
the qualitative evaluation of each project, specifi c remarks, as well as, if applicable, the list of 
issues to be addressed.  
 
(19)   The jury has the right to invite competitors to re spond to the issues documented in the 
report referred to under para. (18), in view of cla rifying any aspects in connection with the 
proposed solution/project.  
 
(20)   The jury has the obligation to draw up complete mi nutes of the discussions held 
pursuant to the provisions of para. (19. 
 
Article 57. Procurement in the cases of plans for construction of social apartments 
 
(1) In cases with public procurement contracts rega rding the design and construction of a set 
of social apartments whose size, complexity and est imate duration of the works impose that 
planning would be based, from the very beginning, o n a strict cooperation within a group 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 in the participation announcement, as a binding 
obligation, the most accurate possible description of the works to allow for the constructors of 
the works to realistically appreciate the project t o be developed, as well the qualitative and 
organizations selection criteria, the economic, soc ial, legal, financial, technical and person 
related conditions all the bidders must meet.     
 
 
 GPA/ACC/MDA/27 
 
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  Section 5 
 Special modes of awarding public procurement contr acts 
 
Article 58.  The framework agreement 
 
(1)  The framework agreement represents an agreement con cluded between one or several 
contracting authorities and one or several business  operators, whose purpose is to lay down the 
conditions for the contracts to be awarded during a  limited period of time, in particular the 
prices, and, as the case may be, the quantities env isaged. 
 
(2)  When concluding a framework agreement, the contract ing authority complies with the 
provisions of this law in all the stages, until the  award of the contracts relying on the respective 
framework agreement.  
 
(3)  The contracts relying on a framework agreement are awarded in accordance with the 
provisions of this law and with the regulation appr oved by the Government. 
 
(4)  The contracting authority has the obligation to con clude the framework agreement by 
applying the open tender or restricted tender proce dures.  
 
(5)  By exception from the provisions of para. (4), for conclusion of a framework agreement, 
the contracting authority has the right to apply th e other procedures only under the specific 
circumstances provided for by this law. 
 
(6)  The contracting authority does not have the right t o abuse of or misuse the framework 
agreements, so that to impair on, limit or distort competition.  
 
(7)  The contracting authority does not have the right t o decide that the term of a framework 
agreement exceeds 4 years, unless in exceptional ca ses which it can justify, in particular with the 
specific subject matter of the contracts to be awar ded under the respective framework agreement. 
 
(8)  The contracts which are awarded under a framework a greement cannot be concluded but 
between the contracting authority/authorities and t he business operator(s) who are party to that 
agreement. 
(9)  When awarding a public procurement contract based o n the provisions of a framework 
agreement, the contracting authority does not have the right to impose or accept material 
amendments of the items/conditions initially set un der the respective framework agreement. 
 
(10)  If the contracting authority executes a framework a greement with one single business 
operator, then the relevant agreement has to provid e at least for the following:  
a) the obligations the business operator assumed un der the technical proposal;  
b) the unit price the business operator indicated i n the financial proposal and based on 
which the price of each subsequent contract will be  determined.  
 
(11)  The contracting authority has the obligation to awa rd the public procurement contracts 
subsequent to the framework agreement only in obser vance of the technical and financial 
conditions laid down in the respective framework ag reement.  
 GPA/ACC/MDA/27 
 
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  (12)  Any time it intends to award a public procurement c ontracts subsequent to a framework 
agreement, the contracting authority has the obliga tion to consult, in writing, with the business 
operator, asking the latter, as the case may be, to  complete the bid.  
 
(13)  If the contracting authority concludes a framework agreement with several business 
operators, the number thereof cannot be smaller tha n 3, to the extent to which there is a sufficient 
number of business operators who met the qualificat ion and selection criteria and submitted 
admissible bids. 
 
(14)  In case the number of business operators who meet t he selection and qualification criteria 
and submitted admissible bids is smaller than the m inimum number indicated in the participation 
announcement/invitation, the contracting authority has the obligation to cancel the award 
procedure for conclusion of the framework agreement .  
 
(15)  If the contracting authority executes a framework a greement with several business 
operators, then the relevant agreement has to provi de at least for the following:  
a) the obligations each business operator assumed u nder the technical proposal;  
b) the unit price each business operator indicated in the financial proposal.  
 
(16)  The contracting authority has the right to award pu blic procurement contracts subsequent 
to a framework agreement executed with several busi ness operators:  
a) either without resuming the competition;  
b) or by resuming the competition between the busin ess operators who signed the framework 
agreement.  
 
(17)  The contracting authority has the right to award pu blic procurement contracts subject to 
the conditions laid down under para. (16) letter a)  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 pu blic procurement contracts subject to 
the conditions laid down under para. (16) letter b) :  
a) either observing the items/conditions laid down in the framework agreement;  
b) or, if not all the items/conditions were clearly  indicated in the framework agreement, by 
detailing them or using, if deemed necessary, other  items/conditions indicated in the tender 
specifications drawn up for the execution of the re spective framework agreement.  
 
(19)  In the case under para. (18) letter b), the contrac ting authority has the obligation to 
resume competition observing the following procedur e:  
a) for each contract to be awarded, the contracting  authority consults in writing the business 
operators who signed the respective framework agree ment;  
b) the contracting authority sets a sufficient dead line for submission of the bids, having the 
obligation to take into account certain aspects, su ch 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 t o the bidder who submitted the most 
advantageous bid in accordance with the award crite rion indicated in the documentation 
underlying the conclusion of the framework agreemen t . 
 
 GPA/ACC/MDA/27 
 
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  Article 59 . The dynamic procurement system 
 
(1) The dynamic procurement system is a fully elect ronic process for the acquisition of 
consumer goods whose characteristics, which are gen erally available on the market, meet the 
requirements of the contracting authority. The dyna mic procurement system is limited in time 
and open for the entire period to any business oper ator who meets the selection criteria and 
submits an indicative bid, pursuant to the tender s pecifications.  
 
(2) In order to put in place a dynamic procurement system, the contracting authorities meet 
the requirements regarding the open tender during a ll the stages thereof, until the award of the 
contracts under the respective system. All the bidd ers who meet the selection criteria and submit 
an indicative bid which is compliant with the tende r specifications and with the potential 
additional documents are invited to and admitted in  the system. The indicative bids may be 
upgraded at any time, provided that they remain com plaint with the tender specifications. 
 
(3) For the purpose of putting the dynamic system o f procurement in place, the contracting 
authorities: 
     a) publish a participation announcement in whi ch they indicate that the award of the 
contract takes place in a dynamic procurement syste m, 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; 
c) provide, through electronic means from the the p ublication of the announcement and 
until the expiry of the application term of the sys tem, free, direct and complete access to the 
tender specifications and to all additional documen ts. 
 
(4) For the purpose of launching the dynamic system  of procurements and awarding the 
public procurement contracts in this system, the co ntracting authority has the obligation to use 
only electronic means, complying also with the prov isions regarding the rules set for the 
communication and submission of the bids. 
 
(5) After the launch of the dynamic system of procu rement and during the entire existence 
term thereof, the contracting authority has the obl igation to allow any interested business 
operator to submit an indicative bid, for the purpo se of being admitted to the system 
 
(6) After the receipt of an indicative bid, the con tracting authority has the obligation to 
check whether the bidder meets the qualification cr iteria set and the technical proposal submitted 
matches the requirements in the tender specificatio ns. 
 
(7) The contracting authority has the obligation to  complete the checking under para. (6) 
within maximum 15 days since the receipt of an indi cative bid. The checking term can be 
extended under the condition that,  in the meantime , no invitation of participation shall be sent. 
 
(8) Immediately after the finalization of the check s under para. (6), the contracting authority 
has the obligation to inform the bidder of its admi ssion to the dynamic procurement system or, as 
the case may be, on the decision of rejecting the i ndicative bid. 
 GPA/ACC/MDA/27 
 
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  (9) For the purpose of awarding the public procurem ent contracts through the dynamic 
system of public procurement, the contracting autho rity 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 t o set a deadline for submission of the 
indicative bids, which should not exceed 15 days fr om the date of publishing of the simplified 
announcement set out under para. (9). 
 
(11) The contracting authority has the obligation t o invite all bidders admitted to the dynamic 
procurement system to submit a firm bid for the pub lic procurement contract to be awarded, 
setting for that a submission deadline.  
 
(12) The contracting authority has no right to invi te the bidders to submit indicative bids 
unless it has completed the checks in respect of al l the indicative bids submitted within the legal 
term.  
 
(13) The contracting authority has the obligation t o award the public procurement contract to 
the bidder which submits the most advantageous firm  bid, based on applying the award criteria 
laid down in the participation announcement publish ed for the launch of the dynamic 
procurement system.  
 
(14) The contracting authority does not have the ri ght to abuse of or misuse the dynamic 
procurement system, so that to impair on, limit or distort competition.  
 
(15) Charging the interested business operators or the participants in the dynamic 
procurement system any fees is forbidden. 
 
(16) The contracting authority does not have the ri ght to decide that the term of a dynamic 
procurement system exceeds 4 years, unless in excep tional cases, thoroughly grounded. 
 
(17) The contracting authorities may apply the dyna mic procurement system to award the 
public procurement contract under this law and purs uant to subject to the conditions of this law 
and pursuant to the means laid down in the regulati on approved by the Government.  
 
Article 60. The electronic tender 
 
(1) The electronic tender is a repetitive process w hich implies an electronic means of 
presentation, in descending order, of the new price s and/or new values regarding certain 
elements of the bids which occur after a first comp lete assessment of the bids, allowing the 
ranking thereof based on certain automated assessme nt 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 electro nic tenders to award the public 
procurement contract subject to the conditions of t his law and pursuant to the means laid down in 
the regulation approved by the Government. 
 
(3) The contracting authority has the right to use the electronic tender in the following 
situations:  GPA/ACC/MDA/27 
 
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  a) as a final stage of the open tender, restricted tender, negotiation with prior publication 
of a participation announcement or request for quot ations, prior to awarding the public 
procurement contract and only if the technical spec ifications were accurately defined in the 
tender specifications;  
b) when resuming the competition between the busine ss operators who signed a 
framework agreement;  
c) upon submission of firm offers in view of awardi ng a public procurement contract 
using a dynamic procurement system.  
 
(4) The contracting authority has the obligation to  announce the decision to use the 
electronic tender on the participation announcement  and in the award documentation.  
 
(5) The contracting authority does not have the rig ht to abuse of or misuse the electronic 
tender so that:  
a) to impair on, limit or distort competition;  
b) modify the subject matter of the public procurem ent contract as stipulated in the 
participation announcement and in the award documen tation.  
 
(6) When intending to use the electronic tender, th e contracting authority has the obligation 
to include, in the information and instructions ref erred to under art. 38 para (1), also the 
following specific details:  
a) the elements of the bids to be subject to the re petitive bidding process, provided that 
such elements are quantifiable and can be expressed  in figures or percentages;  
b) potential limits of the values up to which the e lements under letter a) can be upgraded, 
as resulting from the specifications which define t he subject matter of the contract;  
c) the information to be made available to the bidd er during the electronic tender and the 
moment when such information becomes available;  
d) relevant information regarding the electronic te nder process;  
e) conditions under which the bidder shall have the  right to bid, with references in 
particular to the minimum differences which, if app licable, shall be requested for bidding the 
new bids;  
f) relevant information about the technical equipme nt used, technical conditions and 
specific means of connection.  
 
(7) Prior to launching an electronic tender, the co ntracting authority has the obligation to 
perform a full initial evaluation of the bids, in a ccordance 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. 
 
(9) The invitation has to indicate the starting dat e and time of the electronic tender, as well 
as any other information which is necessary for the  individual connection to the electronic 
equipment used. 
 
(10) The contracting authority does not have the ri ght to commence the electronic tender 
sooner than 2 business days since the date when the  invitations were sent. 
 
(11) In case the contract is to be awarded based on  the criterion of the economically most 
advantageous bid, the invitation has to contain als o information regarding:  GPA/ACC/MDA/27 
 
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  a) the result of the first evaluation of the bid su bmitted by the receiving bidder;  
b) the mathematical formula to be used to automatic ally determine the final ranking, 
based on the new prices and/or the new values submi tted by the bidders. The mathematical 
formula used embeds the weights of the evaluation f actors to be applied to determine the bid 
which is economically most advantageous, in accorda nce with the details in the participation 
announcement or in the award documentation.  
 
(12) In the electronic tender, the repetitive biddi ng process regards:  
a) either only prices, in case the award criterion is the lowest price;  
b) or prices and/or other elements of the bid, as p rovided in the award documentation, in 
case the award criterion is the bid which is techni cally and economically the most advantageous 
one.  
 
(13) The electronic tender is performed in several successive rounds. 
 
(14) During each round of the electronic tender, th e contracting authority has the obligation to 
communicate, at the same time, to all the bidders a t least the information they need to identify, at 
any time, their position in the classification. The  contracting authority has the right to 
communicate also other information regarding:  
a) the number of participants in the respective rou nd of the electronic tender;  
b) new prices or values submitted in the tendering round by other bidders, only provided 
that such possibility was laid down in the award do cumentation.  
 
(15) During the performance of tendering rounds, th e contracting authority has no right to 
disclose the identity of the bidders. 
 
(16) The electronic tender finalizes with any of th e following situations or a combination 
thereof: 
a) at a price moment defined in advance and communi cated to the bidders in the 
participation invitation; 
b) after a certain number of tendering rounds whose  performance schedule was 
accurately defined in advance and communicated to t he bidders in the participation invitation; 
    c) when no other new prices and/or values meeti ng the requirements concerning the 
imposed minimum differences are accepted. In this c ase, the participation invitation has to 
indicate a deadline, which will start running as of  the receipt of the last bid and until the 
finalization of the electronic tender. 
 
(17) The contracting authority has the obligation t o award public procurement contract 
subject to the conditions laid down under Art. 68, based on the result obtained following the 
finalization of the electronic tender. 
 
 
CHAPTER VIII 
DEVELOPMENT OF THE PUBLIC PROCUREMENT PROCEDURES 
 
Article 61. Conditions for submitting the bid  
 
(1) The contracting authority sets the venue, date and time deadline for submission of the 
bids, pursuant to the provisions of this law. 
 GPA/ACC/MDA/27 
 
- 59 - 
 
  (2)  If the contracting authority provides explanations regarding the award documents, amends 
such documents or holds a meeting of the business o perators, the term for submission of 
the bids can be extended so that the business opera tors have sufficient time to take into 
consideration the explanations, the amendments or t he provisions of the meeting’s 
minutes.  
 
(3)  Until the expiry of the term for submission of the bids, the contracting authority may 
extent, at its choice, such term.  
 
(4)  The notification regarding extension of the term fo r submission of the bids will be sent 
forthwith to each business operator who submitted a n application  for participation or 
whom the contracting authority offered the award do cuments, and to the Public 
Procurement Agency. 
 
(5)  The submission of a bid is done by submitting two s eparate envelopes that would contain 
the phrases ”technical proposal” and “financial pro posal”.  
 
(6)  The written,  signed, and, as the case may be,  sta mped bid is submitted in accordance 
with the requirements laid down in the award docume nts . The contracting authority issues 
to the business operator, as a binding obligation, a receipt with indication of time and date 
of receiving the bid or confirming the receive ther eof, in case the bid was submitted 
through electronic means.  
 
(7)  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 back to the business 
operator who submitted it. 
 
Article 62. Opening the bids   
 
(1) The opening of the bids and their subsequent ex amination, evaluation and comparison 
are authorities and responsibilities of the contrac ting 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 in the place and in accordanc e with the procedures established in the 
award 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 bidder whose  bid is opened, the qualification 
documents and the cost of the bid shall be communic ated to all of those who attend the bid 
opening session, as well as to the ones who were no t present or represented in the opening 
session, upon their request. 
 
Article 63.   Validity term of the bid, modification and withdr awal of the bid  
 
(1) The bid is valid within the term specified in t he award documents.  
 
(2) Until the expiration of the bid’s validity term , the contracting authority may propose to 
the bidder extension of such term. The bidder is en titled to:  
a) reject the proposal, without losing the right to  withdraw the guarantee for its bid; GPA/ACC/MDA/27 
 
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  b) accept the proposal, extending the validity term  of the guarantee for its bid or offering 
new guarantees for the bid during the extended vali dity term of the bid. If the bidder did not 
extend the validity term of the guarantee for the b id or did not deliver a new guarantee for the 
bid, he will be deemed to have refused to extend th e validity term of the bid.  
 
(3) Unless the award documents provide otherwise, t he bidder has the right to modify or 
withdraw the bid before the expiration of the terms  for submission of the bids and without losing 
the right to withdraw the guarantee for the bid. Su ch a modification or the notification 
concerning the withdrawal of the bid is valid if re ceived by the contracting authority before the 
expiration of the term set for submission of the bi ds.  
 
Article 64. The guarantee for the bid and the guarantee of the contract’s good performance  
 
(1) In case of an acquisition of goods, services an d works, the business operator will also 
submit, at the same time with the bid, the guarante e for the bid. 
 
(2) The award documents may stipulate the requireme nts of the contracting authority in 
respect of the admissibility of the issuer of the g uarantee for the bid or of the endorser thereof, if  
any, in terms of the form and conditions of the gua rantee for the bid. The contracting authority 
will not reject the bid on the ground that the guar antee 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 award documents. 
 
(3) The business operator, before submitting the bi d, may ask the contracting authority to 
confirm the admissibility of the issuer of the guar antee 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 th e guarantee for the bid should the issuer or the 
endorser thereof went bankrupt.  
 
(4) The contracting authority includes in the award  documents the requirements towards the 
issuer, the form, the amount and other basic condit ions of the guarantee for the bid, as well as the 
requirements towards the business operator who subm its 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 sign the procurement  contract;  
c) execution of the contract after acceptance of th e bid is not secured or any condition 
laid down in the tender documents is not met prior to the signing of the procurement contract.  
 
(5) In case of acquisition of goods and services wh ose estimated value is smaller than 
MDL400,000, and  of works whose estimated value is smaller than MDL1.500,000, the 
contracting authority has the right not to ask a gu arantee for the bid from the business operator. 
If the contracting authority does ask for such a gu arantee, the business operator will comply with 
the provisions of this article.  
 
(6) The amount of the guarantee for the bid shall n ot exceed 2% of the estimated value of 
the contract, less VAT. 
 
(7) The contracting authority does not have the rig ht to claim payment of the guarantee for 
the bid, and will return forthwith the document of the guarantee for the bid if any of the 
following events occurred:      GPA/ACC/MDA/27 
 
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  a) expiration of the validity term of the guarantee  for the bid;  
     b) conclusion of a procurement contract and su bmission of the contract’s performance 
bond, should such guarantee be provided in the awar d documents; 
c) suspension of the tender procedure without execu tion of a procurement contract; 
d) withdrawal of the bid before the expiration of t he term set for submission of the bids, 
in case the tender documents do not provide for the  inadmissibility of such a withdrawal. 
 
(8)When acquiring goods, works and services the con tracting authority will ask the bidder to 
submit, upon conclusion of the contract, a guarante e of contract’s good performance. The 
guarantee of contract’s good performance is returne d back by the contracting authority at the 
integral completion of the public procurement contr act. 
 
(9) The contracting authority will indicate in the tender documents the requirements for the 
issuer, the form, the amount and other basic condit ions of the guarantee requested for the 
performance of the contract.  
 
(10) Prior to submitting the guarantee of contract’ s good performance, the bidder may ask the 
contracting authority to confirm the admissibility of a proposed issuer for the guarantee or a part 
of it that he endorses. The contracting authority s hall act forthwith upon any such request. 
 
(11) In case of an acquisition of goods and service s whose estimated value is smaller than 
MDL 400,000, or of works whose estimated value is s maller than MDL1.500,000, the 
contracting authority has the right not to ask the bidders to submit the guarantee of contract’s 
good performance. If the contracting authority does  ask for such a guarantee, it will comply with 
the provisions of this article.  
 
(12) The amount of the guarantee of contract’s good  performance shall not exceed 15% of the 
quotation value of the public procurement contract.  In cases when the trading margin is limited 
by a normative act, the amount of the guarantee of contract’s good performance will not exceed 
the limit foreseen by the respective normative act.   
 
 
Article 65. Examination, evaluation and comparison of the bids  
 
(1)   Examination, evaluation and comparison of the bids  are done in absence of the bidders 
or the representatives thereof. To facilitate the e xamination, 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 th ereof, liable to make the offer compliant with 
certain requirements which it hadn’t met initially,  are admitted. The contracting 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 conside r the bid compliant with the 
requirements if it contains but immaterial differen ces 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, t o the extent to which this is possible, and will 
be taken into consideration when evaluating and com paring the bids.  
 
(3)   The contracting authority does not accept the bid in case:  
  a) the bidder does not meet the qualification req uirements;  GPA/ACC/MDA/27 
 
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    b) the bidder does not accept correction of an ar ithmetic error;  
  c) the bid does not meet the requirements in the award documents; 
  d) the financial offer indicates no fixed price; 
            e) the bid is abnormally low, based on provisions of Article 66 ; 
f) acts of corruption were identified. 
 
(4)   When determining the winning bid, the contracting authority evaluates and compares 
the bids received according to the manner and crite ria exposes in the award documents. No 
criterion missing from the award documents will be used. 
 
(5)  If the prices of the bids are expressed in two or s everal currencies, to ease evaluation 
and comparison of the bids, the prices of all the b ids are recalculated in one single currency, 
based on the rate of exchange set in the award docu ments.  
 
(6)   If the bidder does not act upon the request of the  contracting authority to reconfirm the 
qualification data for execution of the contract, t he bid is rejected and another winning bid is 
selected among the bids still valid. Likewise, the contracting authority is entitled to reject all the  
other bids.  
 
(7)   The information regarding examination, evaluation 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 o f goods, execution of works or 
provision of services for a price which is consider ably 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 lo w price of the bid. 
 
(2)  In case of procurement of works, a bid would repres ent a significantly lower price in 
comparison with the bids of other bidders, or in co mparison with the works that are to be 
executed, in the case where the price indicated in the bid represents less than 85 % from the 
value of the works, as calculated by the contractin g authority in the established manner. 
 
(3)  The contracting authority has the obligation to ens ure that the business operator has the 
possibility to justify such abnormally low price. I n case of a bid presenting a price abnormally 
low as compared to what has to be supplied, execute d or provided, the contracting authority has 
the obligation to ask the bidder, in writing and be fore making any decision regarding the 
rejection of such bid, to provide details and clari fications deemed relevant regarding the bid, and 
shall verify the answers justifying such price. 
 
(4)  The contracting authority has the obligation to con sider the justifications of the bidder, 
in particular those regarding:  
a) economic substantiation of the price formation, relative to the methods of execution 
used, production process or services rendered;  
b) the technical solutions adopted and/or any other  particularly favourable conditions the 
bidder benefits of to execute the works, supply the  products or render the services;  
c) originality of the bid in terms of meeting all t he requirements in the tender 
specifications;  GPA/ACC/MDA/27 
 
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  d) observance of the provisions regarding occupatio nal health and safety and work 
conditions, as applicable to the execution of the w ork, provision of the service or supply of the 
products;  
e) the possibility that the bidder benefits of a st ate aid.  
 
(5)  When the contracting authority finds out that a bid  has a an abnormally low price 
because the bidder benefits of a state aid, the rel evant bid  shall be rejected on this ground only 
if, following the clarifications requested, the bid der cannot prove, within a reasonable period of 
time, but not less than 3 days, set by the contract ing authority, that the state aid was legally 
granted.   
 
(6)  Provisions of para. (5) are not to be applied to bu siness operators from countries that are 
parties to the Agreement on public procurements of the World Trade Organization.  
 
Article 67. Cancellation of the award procedure 
 
(1) The contracting authority - at its own initiati ve, as well as upon the request of the Public 
Procurement Agency, following a control undertaken – shall annul the procedure of awarding the 
public procurement contract, if it makes this decis ion before the date of sending the 
communication regarding the result of applying the public procurement procedure, in the 
following cases: 
a) a satisfactory level of competition could not be  ensured, and number of 
bidders/candidates is smaller than the minimum numb er set for each procedure;      
b) none of the bidders met the qualification condit ions laid down in the award 
documentation;  
c) in the case of public procurements of works, the  total value of the bids is higher or 
lower by at least 15% than the estimated value of t he works, calculated according to the 
provisions of the present law;  
d) only non-compliant bids were submitted, which:  
      - are submitted after the deadline set for su bmission of the bids;  
      - were not drawn up and submitted in accordan ce with the requirements in the 
award documentation;  
      - contain, in the financial proposal, prices which are not the result of free 
competition and which cannot be thoroughly grounded ;  
- contain proposals regarding the contractual clauses , which are obviously 
disadvantageous for the contracting authority;  
- exceed by 30 % the estimated value of the procureme nt, calculated based on the 
present law; 
- indicate a value that exceeds the threshold, set fo rth in the present law, for the 
extended procurement procedure; 
- by the value indicated in the financial proposal, e xceeded the value of the funds 
allocated for the fulfilment of the public procurem ents contract; 
     e) it was found out that an act of corruption was committed, confirmed under a final court 
decision; 
     f) the bids submitted which, although can be t aken into consideration, they cannot be 
compared due to the inconsistent manner of approach ing the technical and/or financial solutions;  
    g) presence of serious violations of the legal provisions affect the award procedure, or the 
contract is impossible to be concluded. Serious vio lations of the legal provisions mean that: 
- the principles and rules related to transparency and ways of communication, as laid 
down by the present law, have not been observed;  GPA/ACC/MDA/27 
 
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  - errors or omissions have been found during the an alysis, evaluation and/or finalization 
of the award procedure, while the contracting autho rity cannot take any corrective actions which 
are not liable to lead to the violation of the prin ciples provided under art. 6. 
 
(2) After the date of communication of outcomes of the public procurements procedure, the 
cancellation of the public procurement procedure, i n cases stipulated under paragraph (1), shall 
be carried out only by the Public Procurement Agenc y, including the case when a bid was 
submitted after the deadline of bids submittal, whi le the impossibility of submitting within the 
term was due exclusively to the action or lack of a ction on behalf of the contracting authority.   
 
(3) The decision on cancellation of the public proc urements procedure shall not generate any 
obligation on behalf of the contracting authority o r of the Public Procurement Agency in relation 
to the participants to the public procurements proc edure, except for returning the guaranty for the 
bids and the guarantee of contract’s good performan ce. 
 
(4) The contracting authority has the obligation to  communicate in writing to all the 
participants in the public procurement procedure, w ithin maximum 3 days since the cancellation 
date, both the termination of the obligations they committed themselves to by submitting bids, as 
well as the reason for cancellation. 
 
 
Chapter IX 
PUBLIC PROCUREMENT CONTRACT. 
REPORT ON THE PUBLIC PROCUREMENT PROCEDURE. 
CONFLICT OF INTERESTS  
 
 
Article 68. The principles of awarding the public procurement c ontract 
 
    The public procurement contract is awarded on t he grounds of the following principles: 
a)  compliance with the law, rule of law, good morals a nd professional ethics; 
b)  selection of the public procurements procedure bid;  
c)  ensuring environmental protection and supporting th e social programmes in the 
performance of the contract.  
 
Article 69.  Special conditions for performance of the public p rocurement contracts  
 
   The special conditions for the performance of a public procurement contract must be indicated 
in the participation announcement or in the tender specifications. Their objective can be in 
particular fostering on-the-job training, employmen t of unemployed, youth and people with 
integration difficulties, reducing unemployment, pr ofessional training of unemployed and young 
people, environmental protection, improvement of th e work conditions and occupational safety, 
development of the rural environment and profession al training of the farmers, protection and 
support to small and medium size enterprises, inclu ding during the performance term of the 
contract and under subcontracting conditions. 
 
 
 
 
 GPA/ACC/MDA/27 
 
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  Article 70. The public procurement contract  
 
(1) The public procurement contract is concluded in  accordance with the award procedures 
foreseen by this law, for the entire mount assigned  to a procurement per year, based on the 
procurement plan within the limits of the approved allocations. 
 
(2) Information of the winning bidder and the concl usion of the procurement contract are 
done pursuant to art. 30.  
 
(3) The bidders shall be informed, at the time of t he call for proposals, about the conditions 
for conclusion of the procurement contract. 
 
(4) The modification of certain elements of the win ning bid, the imposing of new 
requirements against the winning bidder or the invo lvement 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 for performance of the public procurem ent contract shall be defined in the award 
documents and further is transposed into the contra ct, taking into account the reasonable needs of 
the contracting authority.  It shall be defined giv ing due consideration to the complexity of the 
planned procurement, the quantity subcontracted in advance and the actual time requested 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) The public procurement contract and/or the fram ework agreement is concluded between 
the contracting authority and the bidder/bidders wh ose bid was designated as the winning one.  
 
(8) After conclusion, the public procurement contra ct together with the documents supporting 
performance of the relevant procurement procedure i s sent, within 10 days, to the Public 
Procurement Agency for review and registration. 
 
(9) The public procurement contract concluded as a result of the procedure of request of 
quotations is not registered with the Public Procurement Agenc y.  
 
(10) The public procurement contract registered acc ording to para.(8) and the award 
contract following the procedure of request of quot ations are registered with one of 
territorial treasuries of the Ministry of Finance i f the management of the financial sourses 
is effectuated through the treasury system. 
 
(11) The contracts, which have not been registered according to para.(8) and para .(10), have 
no legal power.  
     
Article 71. Subcontracting 
 
    In the tender specifications, the contracting a uthority may ask the bidder to indicate, in its bid , 
the share of the contract it intends to subcontract  to third parties, as well as the proposed GPA/ACC/MDA/27 
 
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  subcontractors, including small and medium size ent erprises. Such specification does not release 
the main bidder of its responsibilities. 
 
Article 72.  Interdiction to divide or increase the procurement   
 
(1)  The contracting authority does not have the right t o divide the procurement  by concluding 
separate public procurement contracts for the purpo se of applying another procurement 
procedure but the procedure which would have been u sed in accordance with this law, had 
the procurement not been divided. Exception is the procurement of seasonal goods and 
services, which demands conclusion of separate cont racts for different periods of time. For 
the procurement 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 all ocations provided for this purpose and set 
out annually in the contract.  
 
(2)  The contracting authority does not have the right t o increase the volume of the goods, 
works and services, set out in the contracts conclu ded, to avoid making new procurements, 
except for the cases laid down in this law.  
 
 
(3)  Debt assignment, as well as the amendment of any el ement of the public procurement 
contract concluded, or introduction of new elements , should such be liable to change the 
conditions of the bid which were the reasons for se lecting such bid and to increase the 
value thereof, are forbidden. 
 
(4)  In case of public procurement contracts with on-goi ng performance, concluded for more 
than one year, the regular adjustment of the contra ct value is permitted, pursuant to the 
procedure established by the Government, taking int o account the change of prices for the 
component parts of the cost price of the goods, wor ks or services covered by the contract. 
 
(5)  The business operator performs unconditionally the clauses of the contract concluded  
observing the quality requirements and the price se t. Any non-performance or faulty 
performance of the contractual obligations results in the liability of the business operator 
in accordance with the legislation and the clauses of the public procurement contract. 
 
(6) The head of the contracting authority which fai led to apply or take actions to apply 
sanctions against the business operator who failed to perform or performed improperly the 
clauses of the contract, will be sanctioned by the control bodies in accordance with the 
legislation. 
 
Article 73.  Report on the public procurement procedure 
 
(1) The report on the public procurement procedure,  as well as the report on the cancellation 
of the public procurement procedures, is drawn up b y the contracting authority and submitted to 
the Public Procurement Agency within maximum 5 days  since the date of concluding the 
contract, or from the date when the cancellation de cision has been issued. 
   Such report shall comprise the following: 
a) a brief description of the goods, works and serv ices which the contracting authority 
requested bids for;  GPA/ACC/MDA/27 
 
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  b) the grounds for selecting the respective procure ment procedure, in case of procurement 
procedures, other than open tender; 
c) the name and contact data of the bidders, as wel l as the name and contact data of the 
business operator who the public  procurement contr act 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 determin ation thereof, a brief description of other 
critical conditions of each bid and of the contract ;  
f) a summary of the evaluation and comparison of th e bids;  
g) the respective decision with supporting argument s, in case that all bids have been rejected;  
h) names of the candidates or bidders rejected and the reasons for their rejection ;  
i) the grounds for rejection, in case the bid is re jected pursuant to the provisions of art. 40;  
k) a summary of the actions whereby explanations co ncerning the pre-selection 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 public procuremen t procedure, in case the procedure was 
cancelled. 
 
(2) The information under paragraph (1) letters a) and c) 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), i) and j) is supplied upon the request of 
the business operators which submitted bids or pre- selection applications, after acceptance of the 
bid or finalization of the procurement procedure wh ich did not result into the conclusion of a 
procurement contract. Except the cases following a court order to this end, the contracting 
authority does not disclose the information under p aragraph (1) letter d), should such disclosure 
be against the legislation and the interests of the  state, damage the legitimate business interests of  
the parties or hinder fair competition. 
 
Article 74. Rules for the avoidance of conflicts of interests 
 
(1)  During application of the award procedure for publi c procurement contract, the 
contracting authority has the obligation to take al l necessary actions to avoid any situations 
liable to determine occurrence of a conflict of int erests 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 confidentia lity and impartiality, therewith committing 
themselves to observe in a non-conditioned manner t he provisions of the present law and 
confirming thereby: GPA/ACC/MDA/27 
 
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  a)  that they are not spouse, relative or next of kin, up to the fourth degree 
inclusive, of one or more bidder/bidders’ employed person/s or their one or 
more founders;  
b)  in the last three years they have not been working based on an individual 
labour or collaboration contract which shows  the r elations with one of the 
bidders or has never been part of the administrativ e board or of any other 
administrative entity thereof; 
c)  they hold no stock or shares in the social subscrib ed capital of the bidders 
 
(5)  In case that one of the members of the working grou p/ Task Force finds out, prior to 
or after the opening of bids meeting, that he or sh e is subject to one or several situations as 
stipulated under para. (4), this member shall immed iately request to be replaced by another 
person in the composition of the working group/ Tas k Force. 
 
(6)  In case of failure to observe the provisions laid d own under paras (4) and (5) of the 
present article, the Public Procurement Agency shal l have the right to cancel the pubic 
procurement procedure.  
 
(7)  The Task Force is carrying out its activity in comp liance with the provisions of the 
present law and the regulation approved by the Gove rnment.  
 
 
Chapter X 
DISPUTE SETTLEMENT AND LEGAL LIABILITY  
 
 
Article 75. The  Complaint Settlement Agency  
  
(1)  The Complaint Settlement Agency is an administrativ e authority subject to the 
administrative coordination of the Ministry of Fina nce, which settles the complaints lodged 
under the public procurement contract procedures.  
 
(2)   The Complaint Settlement Agency has its own balanc e sheet, settlement account, 
stamp with the State Coat of Arms of the Republic o f Moldova and the name in the state 
language.  
 
(3)  The Agency operates under an organization and opera tion regulation approved by the 
Government. 
 
(4)  In the framework of the Complaint Settlement Agency  public servants subject to 
regulations of the Law nr. 158-XVI of 4 July 2008 o n public service and the status of public 
servants activate as well as contractual staff that  perform auxiliary activities, subjected to the 
regulations of labour legislation.  
 
Article 76.  Right to appeal 
 
     (1) Any business operator who considers that, in the course of the procurement 
procedures, the contracting authority, through a de ed, affected one of its rights recognized under 
the law, following which it suffered or might suffe r prejudices, has the right to appeal on the 
respective deed in the manner provided for by this law. GPA/ACC/MDA/27 
 
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  (2) For the purposes of para. (1), a deed of the co ntracting authority means any 
administrative deed, any other action or lack of ac tion, which causes or might cause legal effects 
in connection with the public procurement procedure . 
 
   (3) Any reference in this chapter to application  of the public procurement procedure 
includes all the cases falling into the scope of th is law.  
 
(4) The settlement of the complaints regarding the award of sectorial contracts for which 
the specific legislation makes reference to applica tion of this law, is done in accordance with the 
present chapter. 
 
Article 77.  Submission of complaint 
 
(1) The damaged business operator may notify the Co mplaint Settlement Agency in view 
of cancelling the deed and/or recognizing the alleg ed right or legitimate interest by submitting a 
complaint within:  
a) 10 days, starting with the day following the ack nowledgment, 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 ackn owledgment, subject to the conditions 
of this law, of a deed of the contracting authority  deemed illegal , in case the value of the contract 
to be awarded, estimated pursuant to the provisions  of Art. 3, is smaller than the value thresholds se t 
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 meet ing the terms set out under para. (1), however no 
later than the deadline for submission of the bids set by the contracting authority with the observanc e 
of provisions under Art. 34.  
 
(3) In case that the complaint referred to under pa ra. (1) is related to documents published 
in electronic format, the acknowledgment date will be the publication date. 
 
 (4) The complaint shall be submitted in a written form, in the state language, signed, 
stamped (where applicable) and shall contain: 
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 fi rst name of the representative thereof, a 
copy of the document confirming the authorities, th e registered office and the contact data; 
b)  the name of the contracting authority, the register ed office and contact data; 
c)  the subject matter of the public procurement contra ct and the award procedure applied; 
d)  the essence and grounds of the complaint, indicatin g the rights and legitimate interests of 
the challenging party, which were breached in the a ward procedures; 
e)  the list of documents attached to the complaint. 
 
(5) The challenging party shall also attach to the complaint a copy of the challenged act, in 
case that such an act has been issued, as well as c opies of the inscriptions stipulated under 
paragraph (4), in cases when those are available. 
 
(6) In case that the Complaint Settlement Agency co nsiders that the complaint does not 
include all the information under para. (4), it wil l ask the challenging party to complete the 
complaint, within 5 days since the notification whe reby it was informed of this situation. If the GPA/ACC/MDA/27 
 
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  challenging party does not act upon the requirement  of the Complaint Settlement Agency, the 
complaint shall be dismissed. The complaint shall b e dismissed as well in cases when it has been 
submitted with infringement of terms laid down unde r  para. (1) and (2). 
  
Article 78.  Complaint review procedure   
  
(1) The Complaint Settlement Agency has the authori ty to settle the complaints concerning 
the public procurement procedure, pursuant to its o wn organization and operation Regulation. 
 
     (2) Part of its duties, the Complaint Settleme nt Agency adopts decision.  
 
(3)  The complaint settlement procedure will be carried out whilst observing the principles of 
legality, rapidity, contradictiliness and the right  to defence.  
 
(4)  With the purpose to settle the complaint, the Compl aint Settlement Agency can request 
the point of view of the contracting party on the s ubject matter. 
 
(5)  Within one business day since the receipt of the co mplaint stipulated under par. (4), the 
contracting authority has the obligation to inform the other participants in the award procedure 
thereof. The notification shall also include a copy  of the respective complaint.  
 
(6)  All the notifications or communications of the deed s of procedure shall be done with 
acknowledgment of receipt.  
 
(7)  The complaints filed in the same award procedure ca n be merged by the Complaint 
Settlement Agency in order to pass one joint soluti on.  
 
(8)  Until the complaint is settled by the Complaint Set tlement Agency, the participants in the 
same award procedure may join a complaint with thei r own complaint which shall contain all the 
elements under Art. 77 para. (4).  
 
(9)  The contracting authority has the obligation to sen d to the Complaint Settlement Agency, 
within maximum 5 working days from the date of rece ption of the request , its own opinion 
about such complaint(s), accompanied by any other d ocuments deemed relevant, as well as the 
public procurement file, except for the announcemen ts published in the State Register of Public 
Procurement and the award documentation, when avail able and can be downloaded directly from 
Internet. The lack of a point of view of the contra cting authority shall not prevent the settlement 
of the complaint.  
 
(10) The contracting authority will also notify the  complainant on its point of view  within the 
term set out under para. (9).   
 
Article 79.  Complaint settlement procedure  
 
(1) In view of settling the complaint, the Complain t Settlement Agency has the right to 
ask clarifications from the parties, to produce evi dence and to ask for other data/documents, to 
the extent to which such are relevant for the purpo ses of the complaint. Similarly, the Complaint 
Settlement Agency has the right to ask also from ot her individuals or legal entities for any other 
data necessary for the settlement of the complaint.   
 GPA/ACC/MDA/27 
 
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   (2) Application of the provisions of para. (1) sho uld not lead to exceeding of the term for 
the complaint settlement, as set out under para (10 ).  
 
 (3) The contracting authority has the obligation t o respond, within a term which should 
not exceed 5 days from the receipt of the request, to any request of the Complaint Settlement 
Agency and to provide the latter with any documents  of relevance for the settlement of the 
complaint, other than the ones mentioned under Art.  78 para (9).  
 
(4) The Complaint Settlement Agency may appoint an independent expert to clear certain 
technical or financial issues. The length of the ex pert’s investigation shall be inside the term set 
by the Complaint Settlement Agency for the settleme nt of the complaint. The cost of the expert’s 
investigation will be borne by the party which file d the application for such investigation.  
 
     (5) The correspondence regarding the complaint  settlement procedure is effectuated in 
writing.  The parties may be called in an open publ ic meeting, should such be deemed necessary 
by the Complaint Settlement Agency.  
 
     (6) The parties may be represented by attorney s-at-law and may submit written 
conclusions in the proceeding. Likewise, the partie s may ask to be allowed to produce verbal 
conclusions in front of the Complaint Settlement Ag ency, without this affecting the terms set out 
under para. 10.  
 
(7) In well-grounded justified situations and in or der to prevent imminent damages, the 
Complaint Settlement Agency, before the final settl ement of the merits of the case, may decide, 
within 3 days, including upon the request of the in terested party, to suspend the public 
procurement procedure.  
 
     (8) For the purpose of para. (7), the Complain t Settlement Agency settles the suspension 
application, taking into account the consequences o f this measure on all the categories of 
interests which could be damaged, including on the public interest.  
 
     (9) The decision referred to under para. (7) m ay be challenged with the competent court, 
separately, within 5 days since communication.  
 
(10) The Complaint Settlement Agency has the obliga tion to settle the complaint on the 
merits, within 20 business days since the receipt o f the public 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, pur suant to art. 80 para. (1). In justified cases, the  
complaint settlement term may be extended by additi onal 10 days, but only once.  
 
(11) The contracting authority shall have no right to conclude the public procurement 
contract, and in the case where such contract has b een concluded, the Public Procurement  
Agency shall not register the respective contract u ntil a final decision on the challenged matter is 
issued by the Complaint Settlement Agency. 
     
Article 80. Solutions the Complaint Settlement Agency may pass   
  
(1)  The Complaint Settlement Agency first rules on the complaint return cases, and when it 
finds they are grounded, it will no longer proceed to the analysis of the case on the merits. 
 GPA/ACC/MDA/27 
 
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  (2)  In the process of reviewing the complaint, the Comp laint Settlement Agency: 
a) upholds the complaint, in full or in part; 
b) dismisses the complaint. 
 
(3)  The Complaint Settlement Agency reviews the challen ged deed in terms of legality and 
thoroughness and may issue a decision to cancel it in full or in part, obliges the contracting 
authority issue a deed or decides on any other meas ure which is necessary to remedy the deeds 
affecting the award procedure. If the Complaint Set tlement Agency decides on the 
modification/removal of any technical specification s from the tender specifications or from other 
documents issued in connection with the award proce dure, 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 deems that, in a ddition to the deeds challenged in 
the award procedure, other documents violate the pr ovisions of this law, but were not referred to 
in the complaint, then it will inform the Public Pr ocurement Agency, submitting also all the 
relevant data/documents to support such notificatio n. 
 
(5)  If the Complaint Settlement Agency upholds the comp laint and decides on a measure to 
address the challenged deed, it will also set the t erm for its performance, which shall not be 
longer than the term for challenging the decision o f the Complaint Settlement Agency. 
 
(6)  Depending on the solution passed, the Complaint Set tlement Agency shall decide on the 
continuation or cancellation of the public procurem ent procedure, including on the cancellation 
of the public procurement contract, concluded and r egistered. In cases where cancellation is 
decided, the procedure shall be carried out under t he conditions laid down in Article 67. 
 
(7)  The Complaint Settlement Agency may take note, any time during the settlement of the 
complaint, of any waiver thereof by the challenging  party. 
 
(8)  The Complaint Settlement Agency cannot decide on th e award of a contract to a certain 
business operator. 
 
(9)  The decision of the Complaint Settlement Agency wil l be grounded and communicated 
to the parties in writing within 3 days since prono uncement. The decision, without being 
grounded, is published on the website of the Compla int Settlement Agency within the same term. 
 
(10)   The decision whereby the Complaint Settlement Agen cy decided on certain remedy 
measures will be submitted, in copy, to the Public Procurement Agency, which has the obligation 
to monitor the execution of the remedy measures.  
 
(11)  The decision whereby the Complaint Settlement Agenc y cancels in full or in part the 
challenged deed is compulsory for the contracting a uthority. 
 
(12)  The decision of the Complaint Settlement Agency is binding upon the parties.  The 
public procurement contract concluded in violation of the decision of the Agency shall be 
absolutely void. 
 
(13)  The Decisions of the Complaint Settlement Agency re garding the settlement of the 
complaint may be challenged in the competent court of law. 
    GPA/ACC/MDA/27 
 
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  Article  81.  Disputes  
  
     Lawsuits and motions regarding the performance , nullity, cancellation, resolution, 
termination or unilateral denunciation of the publi c procurement contracts shall be settled by the 
competent court of law.  
      
Article  82.  Settlement of disputes  
 
(1)  In justified situations and in order to prevent imm inent damages, the competent court of 
law may decide, before the settlement of the case o n the merits, inclusively upon the request of 
the interested party, to suspend the performance of  the public procurement contract.  
 
(2)  The court of law defines the nullity of the public procurement contract in the following 
cases: 
a) the contracting authority awarded the contract i n default of the obligations regarding 
publication of a participation announcement or invi tation 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 be fore the conclusion of the contract, if such 
violation is combined with a violation of other pro visions in the field of public procurement, 
should the latter affect the chances of the interes ted business operator to obtain the contract;  
c) the contracting authority did not observe the pr ovisions of Art. 58 para. 19 or of  Art. 
59 paras. (13-17).  
 
(3)  By exception from the provisions of para. (2), if t he court of law, after having analysed 
all relevant aspects, deems that imperative reasons  of general interest demand the effects of the 
public procurement contract to be maintained, it wi ll decide, in exchange, on alternative 
sanctions, as follows:  
a) limitation of the contract’s effects, by reducin g the performance term thereof; and/or  
b) fining the contracting authority, from  2% to 15 % of the value of the contract, such 
amount being in inverse proportion with the possibi lity of limiting the effects of the contract, 
pursuant to the provisions of letter a).  
 
(4)  When applying the alternative sanctions under para.  (3), the Court will procure they are 
efficient, proportionate and discouraging.  
 
(5)  The business interests in connection with the capac ity of the contract to produce effects 
can be taken into account as an imperative ground o nly if, under exceptional circumstances, the 
absence of the effects would lead to consequences w hich 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 c ontract’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 obligation s already performed is impossible, the Court 
will additionally apply the sanction provided for u nder 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) of the present article, the Court may decide, af ter having analysed all relevant aspects, GPA/ACC/MDA/27 
 
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  whether it would find the nullity of the contract o r 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 situatio ns provided for by this law which entitles it not t o 
send a participation announcement/invitation for pu blication, proceeded as follows:  
a) it voluntarily published in the Public Procureme nt Newspaper, SIA “RSAP” and/or in 
the Official Journal of the European Union an annou ncement to secure transparency, whereby it 
voices its intention to conclude the public procure ment 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 
letter a) of the present paragraph.  
 
(9)  The provisions of para. (2) letter c) are not appli cable when the contracting authority, 
considering it observed the provisions of Art. 58 p ara. (19) or, as the case may be, of Art. 59 
paras. 13-17, proceeded as follows:  
a) it communicated to the bidders involved the deci sion to award the public procurement 
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 ter ms starting to run as of the date of sending the 
communication referred to under letter a) of the pr esent paragraph.  
 
(10)  Finding the nullity of the contract, subject to the  conditions of para. (2), may be 
requested also under a separate request, within:  
     a) maximum 30 days, starting with the day foll owing: 
     - publication of the contract’s award announce ment, pursuant to the provisions of Art. 29, 
provided that such announcement would contain the j ustification of the contracting authority’s 
decision to award the contract without prior public ation of participation announcement in the 
Public Procurement Bulletin or, as the case might b e,  in the Official Journal of the European 
Union; or  
    - information by the contracting authority of t he interested bidders and candidates regarding 
conclusion of the contract, provided such informati on is accompanied by a summary of the 
relevant reasons determined under art. 30. This opt ion applies also in the cases referred to under 
Art.. 31 para. (3) letter c);  
     b) maximum 6 months, starting with the day fol lowing the conclusion of the contract, in 
the cases where the conditions under letter a) were  not observed.  
 
(11)  To the extent to which a business operator did not use a remedy in this respect, the 
Public Procurement Agency and other competent bodie s have the right to ask the court to find 
the public procurement contract absolutely void, fo r the following reasons:  
    a) the contracting authority awarded the contra ct in default of the obligations regarding 
publication of a participation announcement/invitat ion pursuant to the provisions of this law;  
    b) the provisions of Art. 31 para. (1) and Art.  30 para. (3) were violated;  
    c) the contracting authority did not observe th e provisions of Art.. 58 para. 19 or of Art.. 59 
paras. (13)-(17);  
    d) the public procurement contract was conclude d in violation of the minimum requirements 
laid down by the contracting authority in the tende r specifications, or, although the respective 
requirements are met, the contract was concluded in  conditions which are less favourable than 
the ones laid down in the technical and/or financia l proposals which formed the winning bid;  GPA/ACC/MDA/27 
 
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      e) when the contracting authority, although is aiming at getting the supply of a product,  
execution of a work, or supply of a service, which would result into the classification of the 
respective contract as a public procurement contrac t, concludes another type of contract or does 
not conclude any contract at all, in violation of t he award procedures provided for by the present 
law;  
    f) the public procurement contract was conclude d in violation of the provisions of Art.. 74 
para. (5);  
    g) the qualification and selection criteria and /or the evaluation factors laid down in the 
participation announcement/invitation were not obse rved;     
    h) amendment of the contract led to reduction o f the advantages and, as the case may be, of 
the evaluation factors which were at the basis for declaring the winning bid.  
 
(12)  In case of requests provided for in para. (11), the  court, before the settlement of the case 
on the merits, may decide on suspension of the publ ic procurement contract performance. 
 
 
Chapter XI 
CLOSING AND TRANSITORY PROVISIONS 
  
 
Article 83. Entry into force  
(1)  The current law will enter into force within 9 mont hs from the publication date. 
 
(2)The provisions under Art.. 4 paras. (2), (3) and  (4), Art.. 22 para. (2), Art.. 27 para. 
(2), Art.28 para.(2), Art. 29 para.(3), Art. 45 par as. (4), (5), (6), (7), , Art. 49 paras. (4) and (6 ), 
rt. 52 para. (7) and (8), Art.. 53 paras. (6), (7) and (8), Art. 56 para. (7) shall enter into effect on 
31 December 2020. 
 
(3) The public procurement contracts in course of e xecution and the ongoing award 
procedures at the date of entry into force of the c urrent law will be finalized based on the legal 
provisions in force at the date of their initiation . 
 
Article 84. Repeals 
 
At the date of entry into force of the current law,  the Law nr 96-XVI of 13 April 2007 on public 
procurement, with the subsequent additions and amen dments, is repealed.  
 
Article 85.  Application of the law 
 
The Government, within 9 months from date of the pu blication of the present law: 
--shall provide to the Parliament proposals to brin g the legislation in conformity with the current 
law; 
-- shall bring its normative acts in conformity wit h the present law; 
--shall ensure the elaboration and approval of the normative acts foreseen by the present law. 
 
 
 
THE CHAIRMAN OF THE PARLIAMENT GPA/ACC/MDA/27 
 
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  Appendix no. 1 
 
Category 
no. Description of the services CPC reference no. (1)  CPV reference no. 
1 Maintenance and repairing 
services 6112, 6122, 633, 886 From 50100000-6 to 50884000-5 (except for 50310000 -
1 to 50324200-4 and 50116510-9, 50190000-3, 
50229000-6, 50243000-0)  and from  51000000-9 to 
51900000-1 
2 Land transport services ( 1), 
including services rendered with 
bulletproof vehicles and courier 
services, except for postal 
transports 712 (except for 71235), 
7512, 87304 From 60100000-9 to 60183000-4(except for 60160000-7 , 
60161000-4, 60220000-6,) and from 64120000-3 to 
64121200-2 
3 Passenger and freight air 
transport services, except for 
postal transport 73 (except for 
7321) From 60410000-5 to 60424120-3 
(except for 60411000-2, 60421000-5) and 
60500000-3 
From 60440000-4 to 60445000-9  
4 Land and air postal transports (2)  71235, 7321 60160000-7, 60161000-4 60411000-2, 60421000-5  
5 Telecommunication services 752 From 64200000-8 to 64228200-2, 72318000-7 and from 
72700000-7 to 72720000-3   
6 Financial services: 
(a) Insurance services 
(b) Banking and investment 
services (3)  e.g. 81, 812, 814 From 66100000-1 to 66720000-3 ( 3) 
7 IT and related services 84 From 50310000-1 to 50324200-4 
From 72000000-5 to 72920000-5 
(except for 72318000-7 and from 72700000-7 
to 72720000-3), 79342410-4  
8 Research and development 
services (4)  85 From 7 3000000-2 to 73436000-7 
(except for 73200000-4,    73210000-7, 
73220000-0  
9 Accounting, audit and 
bookkeeping services 862 From 79210000-9 to 79223000-3 
10 Market research and opinion pool 
services 864 From 79300000-7 to 79330000-6 and 79342310-9, 
79342311-6 
11 Consultancy on management and 
related services (5)  865, 866 From 73200000-4 to 73220000-0, from 794000 00-8 to 
79421200-3  and 79342000-3, 79342100-4, 793423000-
6, 79342320-2, 79342321-9,79991000-6, 79991000-7, 
98362000-8 
12 Architecture services; 
engineering and integrated 
engineering services; urban 
planning and architectural 
landscaping services; related 
scientific and technical 
consultancy services; technical 
trials and analyses services 867 From 71000000-8 to 71900000-7 (except for 71550 0000-
8) and 79994000-8 
13 Advertising services 871 From 793410000-6 to 793 422000-5 (except for 
793442000-3 and 79342100-4 
14 Building cleaning and property 
management services 874, 82201 to 
82206 From 70300000-4 to 70340000-6 and from 90900000-6 
to 90924000-0 
15 Publication and printing services 
for payment or under contract 88442 From 79800000-2 to 79824000-6; from 79970000- 6 to 
79980000-7 
16 Sewage and waste disposal 
services; sanitation and similar 
services 94 From 90400000-1 to 90743200- 9 (except for  9071 2200-
3); 
From 90910000-9 to 90920000-2 and 50190000-3, 
50229000-6, 50243000-0 
 
Remarks :  
(1) CPC list (provisional version) used to define the  field of application of the  Directive 92/50/CEE. 
(2) Except for railway transport services  regulated  u nder  the 18 category of CPC (provisional version).  
(3) Except for the contracts for procurement of finan cial services on issuance, purchase,  sales and the  transfer of  securities or of other 
financial  instruments and services provided by the  central banks.  At the same time, the contracts  a imed at procurement or  bringing into use, 
whatever the financial means be, plots of land, the  existent constructions or other immovable property  or are connected with the right over them, 
are excluded; nevertheless,  the contracts for fina ncial services concluded at one time, before or aft er concluding a contract  aimed at  
procurement or  bringing into use, whatever the for m, are subject of the present Directive, 
(4) Except for the contracts for procurement of resea rch and development  services, other than the ones by which the benefits revert 
excusively to the contracting authority aimed at th e use for their own activites, provided that the se rvice supplied be remunerated entirely by the 
contracting authority. 
(5) Except for the  arbitration and concilliation ser vicies. GPA/ACC/MDA/27 
 
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  Appendix 2 
 
Category 
no. Name of the services CPC reference no. (1)  CPV reference no. 
17 Hotel and restaurant services 64 From 5 5100000-1 to 55524000-9 and from 98340000-8 to 98341100-6  
18 Railway transport services 711 From 60200000-0 to 60220000-6  
19 Water transport services 72 From 60600000-4 to 60653000-0 and from 63727000-1 t o 63727200-3  
20 Related and auxiliary transport 
services 74 From 63000000-9 to 63734000-3 
(except for  63711200-8,  63712700-0, 63712710-3 and from  
63727000-1 to 63727200-3) şi 98361000-1  
21 Legal services 861 From 79100000-5 to 79140000-7  
22 Personnel placement and supply 
services (1) 872 From 79600000-0 to 79635000-4 
(except for  7961 1000-0,    79632000-3, 79633000-0)   and from  98500000-
8   to 98514000-9   
23 Investigation and security 
services, except for 
the services rendered with 
bulletproof vehicles 873 (except for 87304) From 79700000-1 to 79723000-8  
24 Education and professional 
training services 92 From 80100000-5 to 80660000-8 ( except for 80533000-9, 80533100-0, 
80533200-1  
25 Healthcare and social services 93 79611000-0   and from   85000000-9   to 85323000-9   ( except for 
85321000-5  and 85322000-2)  
26 Leisure, cultural and sport 
services 96 From 79995000-5 to 79995200-7 and from 92000000-1 t o 92700000-8 
(except for 92230000-2,    92231000-9, 92232000-6)   
27 Other services   
 
Remarsks: 
 
(1) CPC list (provisional version) used to define the  field of application of the  Directive 92/50/CEE.  
(2) Except for the labor procurement  contracts.  
(3) Except for the procurement contracts relating to the purchase, development, production or co-product ion of programs by the 
broadcasting bodies and the procurement contracts  regarding the broadcasting time.   
 GPA/ACC/MDA/27 
 
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  Appendix no. 3 
 
INFORMATION TO BE INCLUDED IN THE ANNOUNCEMENTS FOR  PUBLIC 
PROCUREMENT 
 
 
INTENT ANNOUNCEMENT  
 
1. Name, address, fax number, e-mail address of the  contracting authority and of the office where 
additional information could be available, as the c ase may be. In case a services or works contract 
follows to be awarded, the competent institutions a nd contact points shall be indicated (including 
Internet address), which additional information can  be obtained from about the general legislative 
framework on taxing, environmental protection, occu pational health and safety and work conditions 
applicable in the place where the performance is du e to take place.  
 
2. As the case may be, there should be specified wh ether it is about a public procurement contract 
reserved to protected workshops or whose performanc e is foreseen within a protected employment 
programme.  
 
3. In case of procurement of works: the nature and the amount of works; the place of execution; if the  
work is divided into more lots, the critical featur es of the respective lots; if possible, the estimat ion of 
the costs the works in question involve; the refere nce number(s) in the list.  
In case of procurement of products: the nature and the quantity or value of the products to be 
supplied; the reference number(s) in the list.  
In case of  procurement of services: the total esti mated value of the procurement in each 
category of services listed in Appendix 1; the refe rence number(s) in the list.  
 
4. Provisional dates foreseen for initiation of the  contract(s) award procedures, with indication of t he 
category each service belongs to in the case of pub lic services procurement;  
 
5. As the case may be, it should be specified wheth er a framework agreement is to be concluded.  
 
6. As the case may be, other information.  
 
7. The date of sending the intent announcement for publication.  
 
8. It should be specified whether the contract is s ubject to the WTO Agreement on governmental 
procurements (only in case of announcement sent for  publication in the Official Journal of the 
European Union).  
 
 
ANNOUNCEMENT FOR PARTICIPATION TO THE PUBLIC PROCUR EMENT 
PROCEDURES  
 
For an open tender, restricted tender, competitive dialogue, negotiated procedure:  
1. Name, address, phone and fax number, e-mail addr ess of the contracting authority.  
 
2. As the case may be, there should be specified wh ether it is about a public procurement contract 
reserved to protected workshops or whose performanc e is foreseen within a protected employment 
programme.  
 
3. The selected awarding procedure;  GPA/ACC/MDA/27 
 
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 (a) As the case may be, the reason for applying the  accelerated procedure (in case of a restricted 
tender and negotiation);  
(b) As the case may be, it should be specified whet her a framework agreement is to be concluded;  
(c) As the case may be, it should be specified whet her a dynamic procurement system is to be used;  
(d) As the case may be, it should be specified whet her an electronic tender is to be applied.  
 
4. Form of the contract.  
 
5. As the case may be, the place of works’ executio n, the place of the products delivery or the place 
of services’ provision.  
 
6. (a) For the procurement of works:  
- the nature and amount of the works; the general f eatures of the work; it should be specified, if the  
case, the option to acquire certain new similar wor ks and, if known, the provisional schedule for 
application of this option, as well as the number o f possible renewals; in case the contract is divide d 
into several lots, the size of the respective lots;  the reference number(s) in the list;  
- information about the objective of the work or co ntract, if it involves design too;  
- in case of a framework agreement, there should be  specified the foreseen term of the framework 
agreement, the total estimated value of the works t o be executed during the term of the framework 
agreement, as well as, to the extent it is possible , the individual value and frequency of the contrac ts 
to be awarded.  
(b) For procurement of products:  
- the nature of the products to be supplied, indica ting also whether the procurement will be done by 
purchase, hire-purchase, hiring, leasing or any com bination thereof; the quantity of products to be 
supplied; to indicate, if applicable, the option to  acquire additional quantities and, if known, the 
provisional schedule for the application of this op tion, as well as the number of possible renewals; 
the reference number(s) in the list;  
- in case of regular or renewable contracts within a certain period, it should be specified, if known,  
the schedule of the award of the subsequent contrac ts;  
- in case of a framework agreement, there should be  specified the foreseen term of the framework 
agreement, the total estimated value of the product s to be delivered during the term of the framework 
agreement, as well as, to the extent to which it is  possible, the individual value and the frequency o f 
the contracts to be awarded.  
(c) For a procurement of services:  
- the category and description of the service; the reference number(s) in the list; the quantity of 
services to be provided; it should be specified, if  the case, the option to acquire certain new simila r 
services and, if known, the provisional schedule fo r the application of this option, as well as the 
number of possible renewals;  
- in case of regular or renewable contracts in the course of a certain period, it should be specified,  if 
known, the schedule of the award of the subsequent contracts;  
- in case of a framework agreement, there should be  specified the foreseen term of the framework 
agreement, the total estimated value of provisions during the term of the framework agreement, as 
well as, to the extent to which it is possible, the  individual value and frequency of the contracts to  be 
awarded;  
- it should be specified whether the provision of t he service is reserved, on the grounds of certain 
items of law, to a specific profession (to be indic ated in the relevant items of law);  
- it should be specified whether the legal entities  have to indicate the names and the professional 
qualifications of the personnel responsible for pro vision of the service.  
 
7. In case of contracts divided into lots, there sh ould be specified the possibility for the business 
operators to submit bids for one, several or all th e lots.  
 GPA/ACC/MDA/27 
 
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  8. The finalization term or duration of the contrac t on public procurement of works/supply/services. 
If possible, the starting term of the works, term o f the products delivery or, as the case may be, the  
provision term of the services.  
 
9. Acceptance or interdiction of alternative bids.  
 
10. If applicable, the special conditions the perfo rmance of the contract depends on.  
 
11. In case of an open tender:  
(a) the name, address, phone and fax number and e-m ail address of the office where the award 
documentation can be requested from (the tender spe cifications and any other additional documents);  
(b) as the case may be, the term for sending the re spective request;  
(c) as the case may be, the costs and the payment c onditions in view of obtaining the respective 
documentation;  
 
12. (a) The term for submitting the bids or the ind icative bids, in case of using a dynamic 
procurement system or an open tender;  
(b) In case of a restricted tender or negotiated pr ocedure, the deadline for submitting the participat ion 
applications;  
(c) The address where the bids and applications 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 ways and/or references  to the provisions regulating them.  
 
16. As the case may be, the legal form the associat ion of the group of business operators to whom the 
contract was awarded must have.  
 
17. Qualification/selection criteria regarding the personal situation of the business operators, which  
may result in exclusion of the latter, as well as t he information/documents whereby they prove they 
are not in the case which justify exclusion. Qualif ication/selection criteria regarding the business a nd 
financial standing, as well as the technical and/or  professional capacity of the business operator; 
information/documents the business operator must su bmit 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, the duration of the  framework  
 
agreement, indicating, if applicable, the reasons w hich justify a term of the framework agreement 
longer than four years.  
 
19. For a competitive dialogue and negotiation with  prior publication of a participation 
announcement, there should be indicated, if applica ble, the development of the procedure by 
successive stages, to gradually reduce the number o f solutions to be discussed or bids to be 
negotiated.  
 GPA/ACC/MDA/27 
 
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 20. For a restricted tender, the competitive dialog ue and negotiation with prior publication of a 
participation announcement, in case of applying the  option of reducing the number of candidates to 
be invited to submit a bid, to participate in consu ltation or to negotiate: a minimum number and, as 
the case may be, the maximum proposed number of can didates and the objective criteria to be 
applied for selecting the suggested number of candi dates.  
 
21. The period of time during which the bidder must  maintain valid his bid.  
 
22. As the case may be, the name and address of the  business operators already selected by the 
contracting authority (the negotiated procedure).  
 
23. The contract award criterion: “the lowest price ” or “the bid which is the most advantageous from 
the technical and economical point of view”.  
The evaluation factors of the most advantageous bid  from the technical and economical point of view 
as well as their share are to be indicated only whe n they don’t appear in the award documentation or, 
in case of a competitive dialogue, in the descripti ve documentation.  
 
24. Name and address of the body competent to settl e the complaints. Accurate information about the 
complaint submission terms and, as the case may be,  the name, address, phone and fax number and 
e-mail address of the office where such can be obta ined from.  
 
25. The publication date of the intent announcement  or, as the case may be, specification that such an  
announcement was not published.  
 
26. The date of sending the participation announcem ent for publication.  
 
27. There should be specified whether the contract is subject to the OMC Agreement (only in case of 
announcements sent for publication in the Official Journal of the European Union).  
 
 
The simplified announcement  for participation to the dynamic procurement system   
 
1. Country of the contracting authority.  
2. Name and e-mail address of the contracting autho rity.  
3. References regarding the publication of the part icipation announcement relative to the dynamic 
procurement system.  
4. The e-mail address where the award documentation  is available (tender specifications and 
additional documents) regarding the dynamic procure ment system.  
5. The subject matter of the contract: description using the reference number(s) in the CPV list and 
the quantities to be acquired or the size of the co ntract to be awarded.  
6. The deadline for the submission of the indicativ e bids.  
 
 
The announcement of participation to the competitio n of solutions  
 
1. Name, address, fax number, e-mail address of the  contracting authority and of the office where 
additional documents 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.  GPA/ACC/MDA/27 
 
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  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 of selecting the participants;  
(d) the deadline for the submission of participatio n requests.  
 
6. As the case may be, it should be specified if th e participation is reserved for a specific professi on.  
 
7. The criteria to be applied at the evaluation of the projects.  
 
8. The names of the jury members.  
 
9. There should be specified whether the decision o f the jury is binding on the contracting authority.   
 
10. As the case may be, the number and value of the  prizes.  
 
11. If applicable, the payments to be made to all t he participants should be specified.  
 
12.There 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 announcem ent for publication.  
 
 
The announcement regarding the result of the compet ition of solutions  
 
1. The name, address, fax number, e-mail address of  the contracting authority.  
 
2. Description of the project.  
 
3. The total number of participants.  
 
4. The number of foreign participants.  
 
5. The winner(s) of the competition.  
 
6. As the case may be, the prize(s) granted.  
 
7. References regarding publication of the competit ion participation announcement.  
 
8. The date of sending the announcement regarding t he result of the competition for publication.  
 
 
Award announcement  
 
1. Name and address of the contracting authority.  
 
2. The award procedure applied. In case of applying  the negotiation procedure without previous 
publication of participation announcement, to indic ate the supporting reasons.  
 
 GPA/ACC/MDA/27 
 
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 3. Public procurement contract for works: nature an d size of the performances, general features of the  
work.  
Public procurement contract for goods: nature and q uantity of the products supplied, as the case may 
be, per supplier; the reference number in the list.   
Public procurement contract for services: the categ ory and description of the service; the reference 
number in the list; the amount of services acquired .  
 
4. The date of awarding the public procurement cont ract.  
 
5. The criteria for awarding 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 the lowest bids con sidered in view of awarding the public 
procurement contract.  
 
10. If applicable, the value and the part of the co ntract to be subcontracted.  
 
11. The date of publishing the participation announ cement.  
 
12. The date of sending the award announcement for publication.  
 
13. Name and address of the body competent to settl e the complaints. Accurate information about the 
complaint submission terms and, as the case may be,  the name, address, phone and fax number and 
e-mail address of the office where such can be obta ined from.  
 
__________