International commitments, primary legal framework, but also the normative-secondary one in the field of public procurement was analyzed in three studies through the prism of sustainability concept. The documents were presented to the public on Thursday, December 17. The conference was attended by academics, authority representatives, researchers, experts, and civil society organizations.
The first stage of the project "Consolidation of Sustainable Public Procurement in the Republic of Moldova" designed by IDIS experts: Carolina Ungureanu, Viorel Pirvan, Vadim Turcan, and Diana Enachi, consisted in analysis of the legal framework provisions and of the commitments assumed by the Republic of Moldova regarding the international agreements. The project is funded from de state budget within the State Program (2020-2023) Nr. 81-PS from 03.01.2020, implemented by the Faculty of Economics of the Moldova State University, in partnership with IDIS "Viitorul".
Carolina Ungureanu, deputy director of IDIS ”Viitorul”, scientific researcher of the project, says that the study ”Mapping the commitments assumed by the Republic of Moldova in the international agreements on sustainable public procurement” promotes sustainable public procurement, which has a longer lifespan, and which don’t have a negative impact on the environment, on people, and communities. According to the researcher, the concept of sustainable public procurement is newer and less used in the Republic of Moldova, hence the main purpose is to promote sustainable public procurement.
According to Vadim Turcan, scientific researcher of the project, the regulatory framework contains a number of provisions on public procurement, but we are still at the beginning. He said, ”We should work harder on implementation. If we look forward at the assumed normative framework and the commitments, the law enables us to use different criteria, explains how to use it, and provides recommendation regarding the usage. By the way, we do a paramount work to break the ice and go to the next level”.
Diana Enachi, scientific researcher of the project, economist IDIS ”Viitorul”, one of the authors of the study ”The concept of sustainability in public procurement law: regulation versus enforcement” said that in the period 2018-2020, the Republic of Moldova implemented a Program to promote green energy that had as a goal to match the criteria of sustainable public procurement for at least 15% until 2020. ”As a result of the analysis of the primary legal framework, we find out that the Law 131/2015 allows authorities to include sustainability issues in the award documentation, to apply criteria which have on-base profitability considerations and factors as well as life-cycle costing. However, in practice, orientation towards sustainable public procurement is extremely low, and contracting authorities don’t pay attention to these issues”, said Diana Enachi.
Also, Viorel Pirvan, scientific researcher of the project, one of the authors of the study ”Sustainability and environmental protection. Components of the secondary regulatory framework in public procurement” affirmed that current normative framework is more about environmental protection and less about sustainability. Unfortunately, this criteria is missed from a range of important regulations. Actually, there are just some general ideas towards sustainability, but more concrete rules regarding these sustainability components could be found in Public Procurement Regulation on things, approved in 2016, and in the Regulation on procurement in state-owned enterprises.
Maria Cojocaru, associate professor at MSU, scientific researcher of the project, mentioned that reading these studies reached the conclusion that change should begin with each of us. According to the researcher, everyone should promote these practices. ”At the university was discussed to take into consideration the new sustainability criteria and we are thinking about its implementation with the public procurement department”, said Maria Cojocaru.
Regarding ”the law allowed, recommend”, Natalia Postolache, from Public Services Agency, said that ”once something is not imposed, only allowed this thing is not going to be execute”. ”We can include many provisions in the legislation, but if we will not impose a share of sustainable procurement, required, they will not work”, said Natalia Postolache.
Olga Pisarenco, head of the procurement department at the National Bank, mentioned that since she works at National Bank she is thinking of green procurement, who can be realized at the lowest price and also the National Bank requires ecolabel certificates where is possible. ”It is very important what we have on the market. We need economic operators to ensure competition, including the ecological side. The state cannot impose green procurement as a mandatory requirement as long as we don’t have economic operators on the market”, said Olga Pisarenco.
The project "Consolidation of sustainable public procurement in the Republic of Moldova" follows to strengthen the sustainability component of public procurement in the Republic of Moldova through theoretical-methodological and applied research, but also by analyzing European good practices in sustainable public procurement. Through knowledge transfer and raising society's awareness regarding sustainable public procurement role, by organizing meetings, workshops, discussions club, scientific-practical symposia, etc. the project will be implemented in four stages where will participate professors from the Faculty of Economics of the Moldova University State and experts from IDIS "Viitorul".
