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PPT-MOLDOVA-2-Third-SIGMA-ENP-East-public-procurement-conference-November-2019

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PPT-MOLDOVA-2-Third-SIGMA-ENP-East-public-procurement-conference-November-2019

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PPT-MOLDOVA-2-Third-SIGMA-ENP-East-public-procurement-conference-November-2019

  1. 1. Tbilisi 6-7 November 2019 National Complaint Settlement Agency Republic of Moldova
  2. 2. National Complaint Settlement Agency Status, competences: • National Complaint Settlement Agency is an specialized administrative authority, which settles the complaints lodged under the public procurement contract procedures. • National Complaint Settlement Agency has organizational, functional, operational and financial independence.
  3. 3. Competences • 2014/24/UE - 2014/66/UE Directive - „classic” • 2014/23/UE Directive – concessions Follow: 2014/25/UE Directive - „utilities” Transposed into national legislation by Law on public procurement 131/15 Law on works and services concessions 121/18 11/13/2019 3
  4. 4. National Complaint Settlement Agency (NCSA) Staff of the Agency • The counselors for solving complaints – have the status of persons with functions of public dignity. • Staff - public servants subject to regulations of the Law nr. 158-XVI of 4 July 2008 on public service and the status of public servants activate as well as contractual staff that perform auxiliary activities, subjected to the regulations of labour legislation.
  5. 5. Right to appeal • Any person who considers that, in the course of the procurement procedures, the contracting authority, through a deed, affected one of its rights recognized under the law, following which it suffered or might suffer prejudices, has the right to appeal on the respective deed in the manner provided by the law. • A deed of the contracting authority means any administrative deed, any other action or lack of action, which causes or might cause legal effects in connection with the public procurement procedure.
  6. 6. Deadlines for appeals The injured business operator may notify National Complaint Settlement Agency in view of cancelling the deed and/or recognizing the alleged right or legitimate interest by submitting a complaint within: a) 10 days, starting with the day following the acknowledgment, subject to the conditions of this law, of a deed of the contracting authority deemed illegal, in case the value of the contract to be awarded, estimated pursuant to the provisions of Art. 3, is equal to or higher than the value thresholds set out under Art. 2 para. (3); b) 5 days, starting with the day following the acknowledgment, subject to the conditions of this law, of a deed of the contracting authority deemed illegal, in case the value of the contract to be awarded, estimated pursuant to the provisions of Art. 3, is smaller than the value thresholds set out under art. 2 para. (3);
  7. 7. Deadlines for appeals • Filing of the complaint regarding deeds of the contracting authority which are issued or take place before opening of the bids, is done meeting the terms set out under art. 83 para. (1), however no later than the deadline for submission of the bids set by the contracting authority with the observance of provisions under Art. 35. In case that the complaint is related to documents published in electronic format, the acknowledgment date will be the publication date.
  8. 8. Form and content of the appeal The complaint shall be submitted in a written form, in the state language, signed, stamped (where applicable) and shall contain: a) the name, domicile or residence of the challenging party or, in case of legal entities, the full name of the business operator, the name and first name of the representative thereof, a copy of the document confirming the authorities, the registered office and the contact data; b) the name of the contracting authority, the registered office and contact data; c) the subject matter of the public procurement contract and the award procedure applied; d) the essence and grounds of the complaint, indicating the rights and legitimate interests of the challenging party, which were breached in the award procedures; e) the list of documents attached to the complaint.
  9. 9. Official site of NCSA www.ansc.md
  10. 10. Complaint review procedure • National Complaint Settlement Agency has the authority to settle the complaints concerning the public procurement procedure, pursuant to its own organization and operation Regulation.
  11. 11. Complaint review procedure • 7 Counselors working in 4 panels consisting of three members. • National Complaint Settlement Agency has the obligation to settle the complaint on the merits, within 20 business days since the receipt of the complaint, respectively within 10 days in case an exception which prevents the analysis on the merits of the complaint occurs. • In justified cases, the complaint settlement term may be extended by additional 10 days, but only once.
  12. 12. Solutions the National Complaint Settlement Agency may pass • In the process of reviewing the complaint, National Complaint Settlement Agency: a) upholds the complaint, in full or in part; b) dismisses the complaint. • Depending on the solution passed, National Complaint Settlement Agency shall decide on the continuation or cancellation of the public procurement procedure.
  13. 13. Solutions the National Complaint Settlement Agency may pass • National Complaint Settlement Agency cannot decide on the award of a contract to a certain business operator.
  14. 14. Transparency • The decision of National Complaint Settlement Agency will be grounded and communicated to the parties in writing within 3 days since pronouncement. The decision is published on the website of the National Complaint Settlement Agency within the same term. • The webpage of a NASC: www.ansc.md
  15. 15. Complaints Online submission
  16. 16. The decision of NASC • The decision of the National Complaint Settlement Agency is binding upon the parties. The public procurement contract concluded in violation of the decision of the Agency shall be absolutely void. • The Decisions of the Complaint Settlement Agency regarding the settlement of the complaint may be challenged in the competent court of law.
  17. 17. Decisions challenged in the court of law 2017 2018 2019 0 200 400 600 800 1000 Decisions NCSA Appealed Canceled by the court 200 5 0 726 16 1 827 17 0 2017 2018 2019

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