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

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

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

  1. 1. Implementation of the EU Association Agreement Kyiv, 29 May 2018 MINISTRY OF FINANCE PUBLIC PROCUREMENT AGENCY REPUBLIC OF MOLDOVA
  2. 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. 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. 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. 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. 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. 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. 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. 9. Thank you for your attention! Ruslan Malai Director of Public Procurement Agency ruslan.malai@tender.gov.md

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