RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/ACC/MDA/4 
16 April 2010 
 
 (10-1963) 
Committee on Government Procurement Original:   English 
  
 
ACCESSION OF THE REPUBLIC OF MOLDOVA TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
Replies from the Republic of Moldova to Questi ons from Canada (GPA/ACC /MDA/3) Regarding its 
Revised Replies to the Checklist of Issues for Provision of Information Relating to Accession  
to the Agreement on Government Procurement (GPA/ACC/MDA/1 ) 
   The following communication, dated 23 March 2010, is being circulated at the request of the Delegation of the Republic of Moldova. 
 
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II. LEGAL FRAMEWORK 
1. Paragraph 6 of the Republic of Moldova's rep lies states that "the new Law provides for 
the supremacy of international treaties over the do mestic legislation".  Please explain the steps 
the Republic of Moldova will take to implement,  in practical terms, the GPA procedures and 
ensure that procuring authorities comply with those procedures. 
 
 It should be noted that, with the entry into force of the Law on Public Procurement 
No. 96-XVI of 13 April 2007, has been marked not only the obligations and rights of the parties 
participating in the procurement procedures, but wa s well-defined and scope of this Act.  So then, 
according to Article 7 of this Act, if the inte rnational agreement to which Moldova is a party 
establishes other rules, they will be applied to the international treaty rules.   In such cases, with 
priority treat rules of the international procurem ent procedures will be conducted in accordance with 
the treat rules, respectively. 
 
III. SCOPE AND COVERAGE 
2. With regard to the Republic of Moldova's reply, paragraph 8, does the Agency for 
Material Reserves, Public Procurement and Hu manitarian Aid conduct procurement as a 
central procurement ministry?  If not, does the Republic of Moldova have one or more central 
procurement ministry, or does each minist ry conduct all of its own procurement? 
 
 Under the Law, the Agency for Material Reser ves, Public Acquisitions and Humanitarian Aid 
is the central public authority which is vested with  powers of monitoring, surveillance and control of 
procurement procedures.  This Agency is creat ed by a legal person operating independently and 
regularly report on government work directly. 
 GPA/ACC/MDA/4 
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  3. In paragraph 10, the Republic of Moldova stat es that "the Government could [emphasis 
added] decide to apply to Law on Public Procurement  to legal persons acting on markets on 
which, based on a regulatory or administrative act, or the existence of a monopoly…".  Based 
on this statement, please provide clarification on when the Law on Public Procurement  does 
apply, and where it does not apply, please id entify and explain what laws do apply. 
 
 The Law on Public Procurement provides that any entity meet requirements to be classified as 
contracting authority, legal entities under public la w as well as associations of such authorities or 
entities are obliged to apply the law in this area.  Thus, according to Article 12 of the Law on Public 
Procurement, in addition to public authorities, pa ragraph (2) of that Article provides a range of 
conditions under which it extended its coverage, expressly qualified be ings as contracting authorities 
and economic operators (state-owned enterprises to self).  This represents the above-mentioned 
conditions.  Moreover, the Law provides that both their own initiative and at the Government as may 
be qualified as contracting authorities and legal pers ons when their work tak es place in markets where 
competition is excluded by legislative or administra tive act or by virtue of the existence a monopoly 
position. 
  In this context, we should mention that, on the one hand, any entity that meets the requirements set forth in Article 12 of the Law on P ublic Procurement, paragraphs (1) and (2), shall 
automatically be bound to apply the provisions of this Act and, secondly, the Government will 
identify and establish additional entities necessarily a pply to the needs of works or services, the Law 
on Public Procurement. 
 
4. Footnote 2 to the Republic of Moldova's response indicates that the Ministry of 
Transports has been liquidated.  Please provi de information on the former mandate and 
functions of that Ministry and identify the Ministry or Ministries where those functions now 
reside.  
 With the liquidation of the Ministry of Transport and Road Management, the National 
Transportation Agency was created which took over some functions of the former Ministry of Transport and Road Management, func tions related to have been sent to the Ministry of Construction 
and Territorial Development.  We want to menti on that both the National Transportation Agency and 
the Ministry applied, as binding, the Law on Public Procurement. 
 
5. In paragraph 11, Part B, question 4, the Re public of Moldova indicates that there are 37 
rayon councils.  However, in Table 2, there are only 35 Districts (rayons).  Please identify the 
other two rayons. 
 
 In this chapter, we want to mention that, according to the Law on Local Public Administration 
No. 436-XVI of 28 December 2006, the Republic's territory is divided into 32 districts, Chisinau, Balti and autonomous territorial unit of Gagauzia.  That  information is then played back correctly in 
Appendix III.2, and figures from the text of the draft proposals will be corrected accordingly.  6. Please explain the "special status" reserved for public procurement contracts exceeding 
MDL 2.5 million for goods and services and MD L 99 million for works as indicated in 
paragraph 13. 
 
 According to Article 2 of the Law on Public Procurement are set and some features for those 
contracts estimated value of which exceeds the specifie d threshold (which really is almost identical to 
those set out in the offer of membership).  These features are expressed by the compulsory insurance 
of advertising in publications in the field of European format and extend the terms of their 
deployment in at least 40 days for bid submission.   GPA/ACC/MDA/4 
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  IV. NATIONAL TREATMENT AND NON-DISCRIMINATION 
7. Please explain the meaning of the phrase in paragraph 17 of the Republic of Moldova's 
replies which states that it is mandatory to gran t national treatment in specific cases "provided 
however that they are entitled to do so  under the laws of their jurisdiction". 
  Operators on non-participation of the Republic of Moldova in the procurement procedures in 
the contact of Article 15 of the Law on Public Pr ocurement mention that they have the same rights 
available to residents of the Republic of Moldova op erators in the appropriate country.  On the other 
hand, to note is the fact that Article 7 of that Ac t provides that, if the international treaty to which 
Moldova is a party provides other rules than the La w on Public Procurement, then the rules of the 
Treaty (agreement) are given.  Thus, with the accession of Moldova to the WTO Agreement on 
Government Procurement will have the same ri ghts in conducting the procurement procedures of 
operators benefiting residents of Moldova.  
8. Paragraphs 18 and 19 describe set-asides and domestic preference programmes in 
procurement.  How does the Republic of Mold ova intend to align such measures with the 
requirements for national treatment and non-discri mination in Article III of the Agreement on 
Government Procurement? 
 
 We want to mention in this respect that th e Law on Public Procurement, being drafted in 
accordance with EU directives in this field, st ates and implementing a preferential margins for 
operators residents.  Thus, aiming to attract, support and development operators resident in 
procurement procedures, applying for their preferentia l margin proved to be an effective mechanism.  
Also mentioned is that the public procurement syst em in Moldova is a relatively young system, where 
in order to ensure effective procurement proce dures by ensuring broad participation of economic 
operators was provided mechanisms for implementi ng the preferential margin for tenders for goods 
native.  Moldova's intention is to give fair and e quitable treatment to extern al suppliers, and possibly 
phase-out domestic preferences using price preference margin (issue to be addressed in negotiations). 
 
V. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
9. Paragraph 27 of the Republic of Moldova's replies provides a number of social benefits 
that may result in an economic operator being "granted priority".  Please provide further 
information on how these benefits are accounted  for in the evaluation process, particularly 
given the range of possible benefits.  Are foreign bi ds that offer social benefits evaluated on an 
equal basis? 
 
 In this chapter, it is noted that the Procurement Act also provides an opportunity to offer 
contracts to economic operators who meet the conditions  laid down in Section 27.  So, therefore, with 
the accession to the WTO Agreement on Government  Procurement and aiming to facilitate the 
creation of new workplaces, supporting disadvantaged people and the environment, it is noted that 
these provisions can be applied to both residents of  the Republic of Moldova and non-resident bidders 
who have a direct or indirect objective to encourage employment and professional training (especially for young people and persons with in tegration problems) protection of  environment, improvement of 
working conditions and labour safety.  The criteri a underlying the evaluation of tenders, including the 
assignment of such facilities to be set in the tender documents by the contracting authorities. 
 GPA/ACC/MDA/4 
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  10. Are the pre-selection procedures required fo r a "restricted tender", as described in 
paragraph 29, different from the preliminary si gn-up in the List of Qualified Economic 
Operators?  Please explain the nature of the List of Qualified Economic Operators. 
 
 Law on Public Procurement and Maintenance provi ded by the Agency for Material Reserves.  
Public Procurement and Humanitarian  Aid of the list of qualified supplie rs.  Operators included in this 
list do not benefit some preferences in that field.  This list is maintained electronically and periodically placed in both the Procurement Bulle tin as well as permanently placed on the official 
website of the Agency in the Internet and is mean t to publish operators willing to participate in the 
procurement process. 
 
11. Could Moldova please elaborate on the "Tender Based on a Competitive Dialogue" 
procedure identified in paragraph 32 and when it is used. 
 
 Regarding the conduct of procurement proce dures under the competitive dialogue noted that 
currently are working hard on finalizing the regul atory framework subordina te Procurement Law, 
which will be developed and Regulation on th e conduct of procurement procedures under the 
Competitive Dialogue.  
12. For "Tender Based on Negotiated Procedures" and "Procurement from a Single 
Source" methods in paragraphs 33 and 34 resp ectively, please provide the corresponding 
condition from Article XV of the Agreement on Government Procurement regarding Limited 
Tendering, paragraphs (a) through (j), where these two procedures, and any other procedures, are used. 
 
 Negotiated procedures and purchase from one source are two different procedures for 
carrying out procurement.  Thus, the negotiated procedures involve conducting open competitions 
where they can attend any number of economic ope rators, the result of which the contracting 
authorities are able to negotiate tenders submitted by operators.  Both open procurement procedures as 
well as later negotiation of tenders  is made openly, in a way that all operators have access to 
necessary information on this segment.  Accordingly,  negotiations on the submissions are to be made 
compulsory to all participating bidders.  The pro cedure for getting from one source, as was mentioned 
takes place in special cases, strictly regulated by Articles 52 and 53 of the Law on Public Procurement 
from 2007.  This procedure applies only if you can not conduct an open procedure under the existence 
of a single operator on the market, because of the existence of a copyright, on grounds of exceptional circumstances, etc.  Results of the acquisition, bot h in the case of negotiated procedures, as well as for 
purchase from a single source, are public. 
 
13. Please confirm that the "Tender Based on the Dynamic Procurement System" 
procedure described in paragraph 36 is an op en procurement procedure that is conducted 
entirely in electronic format. 
 
 Concerning this question, it is important to underline that the system is a dynamic public open 
tendering procedure, which runs through the application of electronic means. 
 
14. Please explain the meaning of "public procur ements directly subsidized by more than 
50 per cent by contracting authorities" as given in paragraph 42 of the replies. 
  In this chapter, it is noted that Article 2 of the Law on Public Procurement and how the 
contract already covers the operators when the contr act to be concluded is funded by the State (public 
money) over 50 per cent.  In such cases, whether or  not qualified as contracting authority, the entity 
which will conclude this contract will be required to apply the Law on Public Procurement where the 
contract to be awarded is funded by a co ntracting authority with over 50 per cent.  GPA/ACC/MDA/4 
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  VI. INFORMATION (TRANSPARENCY OF PUBLIC PROCUREMENT) 
15. Please indicate where the contract award notices, mentioned in paragraph 50, are 
published and specify the types of information th at the contract award notices must contain. 
 
 All contracts concluded as a result of carryi ng out the procurement procedures are published 
on the official website of the Agency in the Intern et and in the Public Procurement Bulletin (to be 
published twice a week).  The contracts are published in separate files for each procurement procedure.  
VII. BID CHALLENGE PROCEDURES 
16. The Republic of Moldova indicates in paragraph 53 that the Agency for Material 
Reserves, Public Procurement and Humanitarian  Aid (AMRPPHA) will review a challenge by 
an economic operator.  Please provide fu rther information on the impartiality and 
independence of the AMRPPHA, including who at the AMRPPHA conducts the review and how they are appointed. 
 
 The AMRPPHA has the possib ility to create a working group, consisting of appointed 
members from outside the Public Procurement Divisi on, acting on the basis of impartially respecting 
all legal provisions governing public procurement.  
17. Please provide the appropriate publicatio ns and websites where suppliers can view 
challenge procedures in writing.  
 Currently, all information on public procuremen t (draft legal regulati ons, standard documents, 
notices of intent, the Agency's activity reports, regulatory documents, projects, etc.), including 
invitations and initiated changes in  the documents for participation in procedures procurement, are 
published immediately on the official website of  the Agency in the Internet and the Public 
Procurement Bulletin, thus ensuring public ity and transparency in that area. 
 
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