The cabinet of ministers today positively notified the draft law on the amendment and completion of the law on public procurement, in order to adjust the national normative framework to the EU’s acquis. The amendments are to be made in line with the commitments taken by Moldova before the European Union after the ratification of the Association Agreement with EU.
The draft sets a more complex regulatory framework in the public procurement sector, but at the same time more applicable, as it provides clarity to more notions, concepts. Also, the aforementioned draft develops the present mechanisms in the legislation on public procurement and establishes new ones, in order to simply the public procurement system.
Thus, the contracting authority will have right, before initiating the ascribing procedure, to hold consultations of market by communication with independent experts, public authorities or economic operators. Another important aspect seen in the draft law is facilitating the electronic communication in the procurement system, through establishing electronic instruments. In this context, the draft introduces also the concept ESPD (European Single Procurement Document), provided in electronic format through the use of the standard format set by the European Commission and which consists in the declaration on one’s own responsibility by the economic operator on meeting the qualification and selection criteria.
This is an innovation at the national level, which will simplify the procurement process; as a result, the subsequent presentation of justification documents or evidence to back the information declared in ESPD will not be needed. The draft also develops the concept of sustainable procurement. Another important aspect is the establishment of new types of procurement procedures, in line with the EU normative framework and namely: procurement in case of social services and other specific services, partnership for innovation, and as special way of ascribing – the electronic register.
The threshold of application for the public procurement contracts, the subject of which represent social services and other specific services, is suggested to be established in quantum of 13 million lei, without the value added tax.
In an opinion note, five NGOs say that “the amendments proposed are in compliance with the good international practices and efficiently transpose the recommendations of the Directive 24. The draft contains a string of improvements, including on transparency and avoiding the conflict of interests.”
At the same time, experts propose to include in the draft an additional clause which would stipulate that “the file on public procurement is a public document and can be offered, at request, to any interested person, after the procurement procedure is over.” The limiting of the access to the public acquisition file can take place “only based on the legislation on state secret and the one on commercial secret.”
The provision, according to experts, will provide a maximum of transparency to public procurement; moreover, it is in full compliance with the initiative on the launch of Mtender – an electronic platform of procurement, where all information about the procurement procedures will be available for all sides interested.
