RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/ACC/MDA/3 
17 February 2009 
 
 (09-0819) 
Committee on Government Procurement Original:   English 
  
 
ACCESSION OF THE REPUBLIC OF MOLDOVA TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
Questions from Canada Regarding the Republic  of Moldova's Revised Replies to the 
 
Checklist of Issues for Provision of Information Relating to Accession to the  
Agreement on Government Procurement Contained in GPA/ACC/MDA/1  
   The following communication, dated 16 February 2009, is being circulated at the request of 
the Delegation of Canada. 
 
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   Canada submits the following questions and requ ests for information regarding replies by the 
Republic of Moldova to the Checklist of Issues.  Canada reserves the ri ghts to submit additional 
questions, as appropriate.  
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 domestic legislation".  Please explain the steps the 
Republic of Moldova will take to implement, in pr actical terms, the GPA procedures and ensure that 
procuring authorities comply with those procedures.  
III. SCOPE AND COVERAGE 
2. With regard to the Republic of Moldova's repl y, paragraph 8, does the Agency for Material 
Reserves, Public Procurement and Humanitarian 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 ministry conduct all of its own procurement?  3. In paragraph 10, the Republic of Mo ldova states 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 identif y and explain what laws do apply. 
 
4. Footnote 2 to the Republic of Moldova's respon se indicates that the Ministry of Transports 
has been liquidated.  Please provide information on th e former mandate and functions of that Ministry 
and identify the Ministry or Ministri es where those functions now reside. 
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  5. In paragraph 11, Part B, question 4, the Repub lic 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.  6. Please explain the "special status" reserved for public procurement contracts exceeding 
MDL 2.5 million for goods and services and MDL 99  million for works as indicated in paragraph 13. 
 
IV. NATIONAL TREATMENT AND NON-DISCRIMINATION 
7. Please explain the meaning of the phrase in paragr aph 17 of the Republic of Moldova's replies 
which states that it is mandatory to grant national treatment in specific cases "provided however that 
they are entitled to do so under the laws of their jurisdiction". 
 8. Paragraphs 18 and 19 describe set-asides and domestic preference programmes in 
procurement.  How does the Republic of Moldova  intend to align such measures with the 
requirements for national treatment and non-discr imination in Article III of the Agreement on 
Government Procurement? 
 
V. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
9. Paragraph 27 of the Republic of Moldova's repli es 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 evaluati on process, particularly given the range of possible 
benefits.  Are foreign bids that offer soci al benefits evaluated on an equal basis? 
 10. Are the pre-selection procedures required fo r a "restricted tender", as described in 
paragraph 29, different from the preliminary sign-up in the List of Qualified Economic Operators?  
Please explain the nature of the List of Qualified Economic Operators. 
 
11. Could Moldova please elaborate on the "Tende r Based on a Competitive Dialogue" procedure 
identified in paragraph 32 and when it is used.  12. For "Tender Based on Negotiated Procedures"  and "Procurement from a Single Source" 
methods in paragraphs 33 and 34 respectivel y, please provide the corresponding condition from 
Article XV of the Agreement on Government  Procurement regarding Limited Tendering, 
paragraphs (a) through (j), where these two pr ocedures, and any other procedures, are used. 
 13. Please confirm that the "Tender Based on the Dynamic Procurement System" procedure 
described in paragraph 36 is an open procurement procedure that is conducted entirely in electronic 
format. 
 14. Please explain the meaning of "public procurem ents directly subsidized by more than 
50 per cent by contracting authorities" as given in paragraph 42 of the replies. 
 
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 that the contract award notices must contain. 
 
VII. BID CHALLENGE PROCEDURES 
16. The Republic of Moldova indicates in paragraph 53 that the Agency for Material Reserves, 
Public Procurement and Humanitarian Aid (AMR PPHA) will review a challenge by an economic  GPA/ACC/MDA/3 
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  operator.  Please provide further information on th e impartiality and independence of the AMRPPHA, 
including who at the AMRPPHA conducts the review and how they are appointed.  17. Please provide the appropriate publications and websites where suppliers can view challenge 
procedures in writing. 
 
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