3. SESSION 2:
POLICY MAKING AND REGULATORY
DEVELOPMENT FOR PUBLIC
PROCUREMENT CHALLENGES AND
APPROACHES
4. Public procurement policy in
Republic of Moldova
2
Public procurement system in the Republic of Moldova is
undergoing a dynamic improvement and represents the
following:
a) a decentralized system in which contracting authorities are
responsible for all actions concerning the planning and execution of
the contract;
b) its policies are coordinated and promoted by the Ministry of
Finance of the Republic of Moldova.
Its legislative basis is the Organic Law, which is
implemented by Regulations approved by the Government.
5. Public procurement policy in
Republic of Moldova
2
Being a decentralized system, each actor involved in the initiation,
conducting and realization of public procurement has some clearly
defined obligations and responsibilities.
Supervision of the public procurement system in the Republic of Moldova
is provided by:
Nr.
PUBLIC
INSTITUTION
ROLE
1.
MINISTRY OF
FINANCE
• elaborates policies aimed at increasing the following:
- the efficiency of state budget allocations,
- the necessity of using foreign investments,
- the efficiency of expenditures.
6. 2
Nr.
PUBLIC
INSTITUTION
ROLE
2.
PUBLIC
PROCUREMENT
AGENCY (PPA)
• implements the state policies in public procurement
domain, supervision, control and coordination in
public procurement;
• elaborates and submits for approval draft normative
acts to amend and supplement the public
procurement legislation;
• initiates and supports trainings for contracting
authorities stuff involved in organizing, conducting
public procurement procedures and awarding public
procurement contracts;
• provides methodological assistance for contracting
authorities;
• coordinates, monitors, evaluates and controls the way
contracting authorities follow the procedures of
public procurement and awarding public
procurement contracts;
• examines and solves complaints between participants
in public procurement procedures
7. 2
Nr.
PUBLIC
INSTITUTION
ROLE
3.
FINANCIAL
INSPECTION
• ensures the protection of public financial interests of
the state by exercising, according to the principles of
transparency and legality, a centralized financial
control regarding the accordance to legislation in
force of the operations and transactions related to
management of the public national budget resources
and public goods.
4.
STATE
TREASURY
• coordinates and ensures the process of state budget
cash execution;
• provides reports on the execution of the public
national budget;
• elaborates methodology of accounting evidence and
financial reports in the budgetary system;
• registers public procurement contracts registered at
the Public Procurement Agency.
9. SESSION 6:
CENTRAL PUBLIC PROCUREMENT
FUNCTIONS: IDENTIFICATION,
COMBINATION, SEPARATION,
CONFLICTS OF INTEREST, CHECKS AND
BALANCES
10. Interaction of institutions involved in
the process of public procurement
2
MINISTRY OF FINANCE – develops
policies.
PPA – implement policies and submit for
approval and coordination draft normative
acts.
FINANCIAL INSPECTION – verifies
and monitors the execution of public
procurement contracts.
PPA – requires verification and monitoring
of public procurement contracts’
execution.
STATE TREASURY – provides a
breakdown of financial resources
intended for the execution of public
procurement contracts through the
treasury system of the state budget.
PPA – examines and registers public
procurement contracts concluded as a
result of procurement procedures.
11. Identification of functions
2
In the public procurement system of the Republic of Moldova the most
important functions are the following:
1. implementation of state policy on public procurement;
2. coordination and monitoring, evaluation and control of the way how
contracting authorities are following the procedures of public procurement
and awarding public procurement contracts;
3. examination and registration of public procurement contracts;
4. management of Automated Information System "State Register of Public
Procurement";
5. publishing of Public Procurement Bulletin;
6. examination and settlement of disputes between participants in public
procurement procedures.
12. Identification of functions
2
In the activity of Public Procurement Agency can be identified the
following conflict of interests:
From the moment of registration of public procurement contracts by the
Public Procurement Agency, contracts produce legal effects. In case there
is a complaint concerning the decision of contract registration, the
Agency is also the authorized entity to settle the emerged disputes.
For this purpose, there has been elaborated a draft law amendment to
the Law on Public Procurement about establishment of a Complaints
Settlement Agency.
13. SESSION 7:
SETTING UP A REMEDIES SYSTEM:
BUSINESS REASONS, REGULATORY
REQUIREMENTS AND GOOD PRACTICE
14. Key elements of remediation in
Republic of Moldova
2
ECONOMIC
OPERATOR
Supplier of goods,
contractor of works
and/or service
provider, which can
be any individual or
legal entity, i. e. any
public entity or
group of such
persons and/or
entities providing
the goods, executing
works and/or
providing services.2
CONTRACTING
AUTHORITY
Authorities of public
administration,
public individuals,
and associations of
such authorities or
individuals.
2
PPA
Specialized
administrative
authority under the
Ministry of Finance,
which performs state
regulation,
supervision, control
and intersectoral
coordination of
public procurement.
2
THE
COURT
A body for
settlement of
disputed claims,
which aims at
counteracting the
abuses and excesses
of power by public
authorities,
defending the
individual rights
within the law,
ordering public
authorities activity,
ensuring the law
order.
15. Right to submit a complaint
2
Any individual or legal entity, who considers himself harmed in some of
his rights provided by the public procurement law, has the right to submit
a complaint.
Depending on the contested documents, the types of complaints can be
the following:
• Complaints against tender documents/invitation to tender;
• Complaints on procedures;
• Complaints against the results of awarding procedure.
16. Stages of complaint examination
2
1. Preliminary examination of the complaint in order to determine the
correspondence of obligatory elements required by the law.
2. Notification of contracting authority and all economic operators involved in
procurement procedure about the existence of a complaint.
3. Request of a presentation exposing the point of view of contracting authority
regarding the claims submitted in the complaint.
4. If appropriate, initiating the procedure of amicable settlement of the complaint.
5. Examination of complaint based on explanations submitted by the contracting
authority and documents related to the complained procedure.
6. If appropriate, conducting working meetings with complainants and contracting
authority aimed at examining complex complaints, in which cannot be identified
clearly the emerged dispute.
7. Issuance of the decision concerning the complaint examination.
Deadline for submission of complaint is 10 days from the date when an action is
notified that is considered to serve as basis for the complaint.
17. Number of complaints submitted
during years 2012-2013
2
Nr. Subject of complaints 2013 2012
1 Regarding the results of procedures 789 612
2 Regarding the course of the procedure 73 75
3 Regarding the invitation to tender or tender documents 317 228
TOTAL: 1179 915
18. Number of complaints submitted
during years 2012-2013
2
Nr. Procedures/Complaints 2013 2012
1 Announced procedures 8 985 6 266
2 Complaints submitted 1 179 915
20. Complaints review
2
At the current stage within the Public Procurement Agency examination
of complaints is performed by qualified specialists in jurisprudence from
the Direction of Regulation and Control.
In case of establishment of the Complaints Settlement Agency experts
and specialists in jurisprudence, economy and technical domain will be
involved.
In the process of complaints examination the Agency may undertake the
following measures:
21. Complaints review
2
1. Preliminary examination of the complaint in order to determine the
correspondence of obligatory elements required by the law.
2. Notification of contracting authority and all economic operators involved in
procurement procedure about the existence of a complaint.
3. Request of a presentation exposing the point of view of contracting authority
regarding the claims submitted in the complaint.
4. If appropriate, initiating the procedure of amicable settlement of the complaint.
5. Examination of complaint based on explanations submitted by the contracting
authority and documents related to the complained procedure.
6. If appropriate, conducting working meetings with complainants and contracting
authority aimed at examining complex complaints, in which cannot be identified
clearly the emerged dispute.
7. Issuance of the decision concerning the complaint examination.
Deadline for submission of complaint is 10 days from the date when an action is
notified that is considered to serve as basis for the complaint.
22. Complaints review
2
APPEALS AGAINST COMPLAINT SOLVING DECISION ISSUED BY THE PUBLIC
PROCUREMENT AGENCY:
Any individual or legal entity may appeal against any administrative act
issued by the Public Procurement Agency in order to settle the disputed
claim within 30 since the date of communication in cases when:
• it was not issued within the time fixed by law - within 20 days since
the complaint’s submission;
• it is not satisfied with the decision issued by the Agency.
24. Efficiency of complaints solving
system
2
• Public Procurement Agency decisions have binding effect and are
executed immediately.
• Public Procurement Agency decision may be suspended only by the
court.
• The complained procurement procedure is not registered until the
Public Procurement Agency issues a decision on the submitted claims.
This assumes stopping a procedure’s fraud, because functions of
registering, solving and establishing legal force correctness of the
contract are attributed to this institution.
• It also implies a conflict of interest, because the Public Procurement
Agency cannot repeatedly expose on a previously issued decision.
26. Priorities for year 2014 In domain of
public procurement
2
Nr OBJECTIVE ACTIONS
1. CAPACITY BUILDING
1.1. Elaboration of complex reports on public procurement activity.
1.2. Establishment of training plan for actors involved in public
procurement procedures.
1.3. Training for representatives of contracting authorities
responsible for conducting public procurement procedures.
1.4. Periodic trainings for users of Automated Information System
"State Register of Public Procurement" on new features and
optimizations of the system.
1.5. Periodic trainings for new users of Automated Information
System "State Register of Public Procurement".
1.6. Establishment of the Help Desk of PPA with the external donors
support.
27. Priorities for year 2014 In domain of
public procurement
2
Nr OBJECTIVE ACTIONS
2.
HARMONIZATION OF
NATIONAL LAWS AND
REGULATIONS TO
COMMUNITY ACQUIS
2.1. Finalization and adjustment of the draft Law regarding the
award of public procurement sectorial contracts
2.2. Elaboration of the draft Regulations on the organization and
functioning of the National Complaints Settlement Agency.
2.3. Adjustment of the normative framework of public procurement
domain.
3.
TRANSPARENCY IN
PUBLIC PROCUREMENT
DOMAIN
3.1. Ensuring the elaboration and automated publication of
contracting authorities'’ notices of intent.
3.2. Publishing examination phases of documents submitted by
contracting authorities.
3.3. Publishing examination phases of complaints submitted by
economic operators and other requests received from
contracting authorities and economic operators.
28. Priorities for year 2014 In domain of
public procurement
2
Nr OBJECTIVE ACTIONS
4.
PREVENTING
CORRUPTION IN
PUBLIC PROCUREMENT
DOMAIN
4.1. Determination of corruption phenomenon perception in public
procurement domain.
4.2. Ensuring compliance of transparency in decision-making process
of Public Procurement Agency.
5.
AUTOMATING THE
PUBLIC PROCUREMENT
SYSTEM AND
DEVELOPMENT OF
STATISTICAL
CAPACITIES
5.1. External assessment of AIS "SRPP”.
5.2. Continuation of implementing Public Procurement Contracts
Management Module.
5.3. Continuation of testing the first stage of electronic procurement
system at approximately 300 contracting authorities.
5.4. Modification and approval by the Agency of User’s Manual on e-
Procurement.
29. Priorities for year 2014 In domain of
public procurement
2
Nr OBJECTIVE ACTIONS
6.
EFFICIENT PLANNING
OF 2014 STATE BUDGET
ALLOCATIONS OF PPA
6.1. Establishment of statements of expenditure, financing plans for
year 2014 considering the draft budget law indicators.
7.
ENSURING AND
FINANCIAL REPORTING
OF UNIFIED POLICY IN
ACCOUNTING DOMAIN
7.1. Observance of normative acts provided by accounting law and
accounting standards.
7.2. Reporting and presentation of financial reports on time, in
accordance with regulations provided by the accounting law and
accounting standards.
8.
IMPROVING FINANCIAL
MANAGEMENT
SYSTEM
8.1. Identification of financial resources for conducting training
seminars.
8.2. Exercising a permanent and demanding control over the
performance of obligations and duties of employees within the
Public Procurement Agency.
8.3. Conducting internal audits missions.
30. Priorities for year 2014 In domain of
public procurement
2
Nr OBJECTIVE ACTIONS
9.
ENSURING
IMPLEMENTATION OF
REGULATORY
FRAMEWORK FOR
MANAGEMENT OF
PUBLIC FUNCTION AND
PUBLIC OFFICIALS
9.1. Participation in training courses.
9.2. Introduction of information about the Public Procurement
Agency staff in AIS "Registry of public functions and public
officials”.
9.3. Ensuring data records and documents relating to personnel
(personal files, work books, register books).