In Moldova, national legislation in the field of industrial procurement will be harmonized with the legislation of the European Union.
This is provided for by the corresponding amendments to the Law on Procurement in the Energy, Water Resources, Transport and Postal Services Sectors, which Parliament adopted in the second reading in order to increase the level of transparency, competition and efficiency of sectoral procurement. Legislative changes provide for more detailed regulation of mixed procurement related to the same type of activity, as well as agreements relating to mixed procurement involving several types of activity. Mixed procurement related to sectoral activities and including defense and security aspects will also be regulated. The bill describes cases/conditions for non-application of the provisions of this law, provides for the addition of a number of new concepts to the law (unacceptable, inadequate, inappropriate offer), clarifies the term “industrial procurement contract”, etc. Another amendment provides that the right to participate in industry procurement may be retained by the government for certain social enterprises where at least 30% of the employed personnel are citizens from low-income categories of the population. However, the procuring entity has the right to require economic operators to provide a test report or a certificate issued by a recognized body, as appropriate, such as a neutral testing and calibration laboratory or certification and inspection body, as a means of evidence of compliance with the requirements or criteria established in technical specifications, award criteria or contract performance conditions. The law specifies a number of procedures for organizing a tender; on monitoring and dispute resolution, etc. The bill also provides for new rules regarding the establishment of the powers of the State Procurement Agency in the field of industrial procurement and the procedure for monitoring government agencies over compliance with industrial procurement procedures. When developing the bill, the government took into account the best practices in the field of industrial procurement of the EU and a number of EU countries.// 19.10.2023 — InfoMarket.
