|Public Procurement - 2011|
Public procurement in Moldova is regulated by the Law on Public Procurement No 96 enacted on April 13th, 2007, and published July 27th, 2007 in Monitorul Oficial Nr. 107-111, Article N: 470, (PPL). In the EBRD 2010 assessment it scored low to medium compliance in the region.
PPL has established the Agency for Material Reserves, Public Acquisitions and Humanitarian Assistance (The Agency), the central administrative body with legally binding characteristics and functional independence, subordinated to the Government of Moldova.
The quality of Moldovan PPL achieved medium compliance with international standards (average 71 per cent compliance rate). PPL scored well on the competition, uniformity and flexibility indicators; otherwise marks were rather low.
The Moldovan institutional framework is fragmented and substantial regulatory gaps in the institutional framework were identified (42.5 per cent regulatory gap in enforcement instruments, 65 per cent gap in stability measures). Local PP policy-making is reasonably balanced and responsive to local market challenges but insufficient integrity safeguards and efficiency instruments have been adopted. Regulatory gaps of 35 per cent and 22 per cent respectively were revealed by the assessment.
In the assessment of practice, Moldova scored 55 per cent compliance with the international standards, significantly lower than in the assessment of quality of legislation.
The assessment revealed that there is no compliance with any key PP standards and average compliance rates vary from 31 to 69 per cent of the whole benchmark. Several implementation gaps were identified and a general conclusion is that there are very substantial gaps in the implementation of laws and institutional framework capacities in Moldova. Local practice is lacking in terms of stability and uniformity and the enforcement is generally insufficient.
Finally, local PP practice in Moldova scored a 14 per cent compliance rate in the PP sustainability survey. These marks are significantly lower than the scores of other countries in the EBRD region.