Presentation by Ruslan Malai, Moldova (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.

1. Implementation of the EU Association Agreement
Kyiv, 29 May 2018
MINISTRY OF FINANCE
PUBLIC PROCUREMENT AGENCY
REPUBLIC OF MOLDOVA

2. Institutional System
Ministry of Finance - responsible for public procurement policy,
and is thus in charge of drafting legislation, implementing EU
directives
Public Procurement Agency – monitors, coordinates and
evaluates how CAs apply public procurement procedures and
award contracts as well as undertakes ex-post control
National Complaint Settlement Agency – an independent body
that reviews the complaints submitted by aggrieved bidders in
public procurement procedures

3. Achievements in public procurement reform
 New law on Public Procurement No 131/2015 entered in force on 01
May 2016 (transposing Directives 2004/18/CE, 89/665/CCE, and
partially 2014/24/UE)
 Moldova is a WTO GPA member since 14 July 2016
 National Public Procurement Strategy 2016-2020 approved
 New institution: National Complaint Settlement Agency (NCSA)
operational since 4 September 2017
 The restructuring of the Public Procurement Agency

4. Basic standards regulating the award of contracts
• equal treatment, impartiality, non-discrimination in respect of all bidders and economic
operators
• foreign economic operators in Moldova enjoy the same rights when participating in the
procedures for awarding public contracts as the Moldovan economic operators in the
country where the foreign economic operator is resident
• the notice will be published in the state language and, where appropriate, in one of the
international languages
• all contract award notices are published on the PPA website
• the deadline for submission and receipt of participation requests and tenders will be
enough to enable economic operators in the country and foreigners to prepare and submit
tenders before the deadline
• the contracting authority shall not reject the tender on the grounds that the guarantee was
made by a foreign issuer

5. Restructured Public Procurement Agency
PPA is a specialised administrative body under the authority of the MoF, entrusted
with a number of duties, including supervision, ex-post control and monitoring of
public procurement regime. Other responsibilities also include:
• Develops and submits proposals and modifications to public procurement law;
• Develops SBDs;
• Training and Advisory services;
• Completes and maintains the list of debarred and qualified economic operators;
• Develops quarterly and annual reports with statistical data and analyses on
public procurement;
• Maintains and administers the SIA RSAP.

6. Further reform of the legal framework
 Adjusting the PPL to be in line with Directive 2014/24/EU
 Adjusting the PPL to be in line with Directive 2014/25/EU - the MoF has
developed a separate chapter on utilities to be included in PPL
 Ensuring the legal framework for the implementation of eProcurement

7. The major objectives to be achieved by
implementing the reform
 Legal framework harmonised with the provisions of the EU Directives;
 Efficient, professional and highly-educated procurement officers by introducing a national
certification system;
 Creation of Centralized Procurement Body (CPB) for purchase of common goods, services
and works;
 Reduction of waste, fraud and corruption during the entire public procurement cycle;
 Increased transparency and efficiency of the public procurement process by development of
e-procurement; and
 Established practices and policies that integrate life-cycle cost analysis and best-value
determination in a fair, transparent manner, which will allow to make better-informed
decisions that take into account all relevant costs of goods and services over their entire life
cycle - leads to smarter, longer-term investments towards sustainable and inclusive
economic growth with overall savings to the government.

8. International cooperation and technical assistance
• UE – cooperation within the framework of the Association Agreement;
development of eProcurement Platform (EUR 1.2 mln)
• EBRD – policy advice and support in legislative drafting for eProcurement
reform; piloting a new eProcurement system for small value
• SIGMA – assistance to ensure full transposition of the Directive and the
proper functioning of Complaint Settlement Agency
• CLDP – capacity building of public procurement practitioners and PPA
staff
• WB – upcoming assessment of current public procurement system
(MAPS)
• UN Environment – upcoming project on sustainable public procurement

9. Thank you
for your attention!
Ruslan Malai
Director of Public Procurement Agency
ruslan.malai@tender.gov.md