Notes & positions

Statement of position on the draft amending Act 131 on public procurement

2018.06.22 Economie Victor Ursu Print version


The Draft Law amending Law 131 of 03.07.2015 on Public Procurement to be presented on 20.06.2018 in the Government meeting for approval is largely aimed at adjusting Law 131 to the requirements of the new EU legislative framework, Directive 2014/24 / EU of 26 February 2014.

Overall, the proposed changes are in line with good international practice and effectively transpose the recommendations of Directive 24. The project contains a number of improvements, including transparency and avoidance of conflict of interest.

However, we suggest the inclusion of an additional clause, which has been repeatedly suggested by civil society, namely:

Article 43, to be completed with paragraph (3), which provides for the following:

"The public procurement dossier is a public document, and can be provided upon request to any interested person after the procurement procedure has been completed. Restricting access to the public procurement dossier can only take place under the State Secret or Trade Secrecy Law. "

This provision will ensure maximum transparency of public procurement, more than that, it is in full consistency with the launch of Mtender, an electronic procurement platform where all information on procurement procedures will be available to all stakeholders.


Institute for Development and Social Initiatives (IDIS) "Viitorul"

Association for Efficient and Responsible Governance (AGER)

Center for Journalistic Investigations

Community Association "WatchDog.MD"

A.O. "Lex XXI Human Rights Association"

Independent Expert Group Expert Group

Transparency International Moldova

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