The National Agency for Settlement of Claims (ANSC) has the competence to examine the appeals formulated in public procurement procedures. The dispute settlement in the field of public procurement is the generic of the fifth training for civil society representatives within the project "Innovative Improvements in the public procurement system of the Republic of Moldova through inclusion, creativity and compliance practices", implemented by IDIS "Viitorul" with the financial support of the European Union.

"The injured economic operator may file a complaint with the National Agency for the Settlement of Claims for the annulment of the act and/or the acknowledgment of the alleged right or of the legitimate interest by filing a contestation. The contracting authority is not entitled to conclude the public procurement contract until a final decision on the appeal has been issued by the National Agency for Solving Complaints. The decision of the National Agency for Settlement of Complaints is binding on the parties. The public procurement contract concluded in disregard of the decision of the National Agency for Solving Complaints is hit by absolute nullity. The decision of the National Agency for Settlement of Appeals may be appealed to the competent court ", said Gheorghe GHIDORA - Chief Legal Directorate, National Agency for Solving Complaints.

Viorel Pîrvan, the jurist of IDIS "Viitorul" explained in the training how an appeal can be made by the economic agent who felt injured. "Any person who has or has had an interest in obtaining a public procurement contract and who considers that, in public procurement procedures, an act of the contracting authority has infringed a right recognized by law, the fact of which it has or bears the right to challenge the act in the manner prescribed by this law. " Pârvan recommended "to improve and strengthen the Agency's capacities to solve specific areas such as infrastructure and construction; medical (highly specialized medical equipment and equipment); IT domain; environmental infrastructure (eg sewage treatment plants, waste management); transport; energy; concessionaires; elaboration of a Guide for examination and resolution of appeals, intended for economic agents".

The civil society representatives who participated in the fifth seminar of the 16 programs had a number of questions / clarifications on the subject (eg: if ANSC is an autonomous and independent institution vis-à-vis other public authorities, what is the procedure examination and resolution of appeals, what are the solutions that ANSC can give, etc.). Participants were interested in attending open sessions for the examination of complaints conducted by ANSC, knowing that the institution ensures that the information on the date and venue of the sessions is published on the web page within 3 working days before the date on which they take place.

For further details, please contact the press officer, Victor URSU, at the following address: ursu.victoor@gmail.com or at 069017396.