RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/206
11 September 2002
(02-4793)
Committee on Government Procurement Original:  English
ACCESSION OF MOLDOVA TO THE AGREEMENT ON
GOVERNMENT PROCUREMENT
Questions from Hong Kong, China Regarding Moldova's Replies to the Checklist
of Issues for Provision of Information Relating to Accession to the
GPA Contained in GPA/W/177 and Replies in GPA/W/193
to Earlier Questions
Hong Kong, China thanks Moldova for the replies in GPA/W/193 in response to our
questions in GPA/W/182 regarding Moldova's replies to the Checklist of Issues in relation to its
accession to the Agreement on Government Procurement (GPA) in GPA/W/177.  We would like to
raise the following follow-up questions:
1. For our question 2 in GPA/W/182, we would be grateful for Moldova's clarification of
whether inconsistencies between the domestic law and the GPA would be removed.  For example,
Moldova stated in paragraph (f) of its reply to ques tion 16 of the Checklist of Issues that additional
supplies may be procured from the same supplier provided the value does not exceed 30 per cent of
the initial procurement quantum.  However, Article XV:1(d) of the GPA only allows additional
procurement from the same supplier if there will be problems of interchangeability with existing
equipment or services.
2. As regards Moldova's reply to our questi on 8 in GPA/W/182, Moldova states that each
supplier has the right to dispute actions or decisions of the National Agency for Public Procurement.
Does it mean that a supplier will only know of th e reasons why its tender is not accepted by lodging a
formal complaint or initiating a legal action against the National Agency?  How does this reconcile
with Article XVIII:2(b) of the GPA which provides that a procuring entity should promptly provide
reasons upon the request of a supplier?
3. We noted Moldova's clarification and explanation of the right of Procurement Agency to
reject all the other tenders if the first bidder refuses to confirm the qualification data at the contract
stage in response to question 32 of the Checklist of  Issues and question 9 of GPA/W/182.  We would
be grateful if Moldova could provide information on existing bid challenge procedures as well.
4. We still cannot obtain information on the various time-periods for the different stages of the
challenge process, such as what the time-limits for lodging a bid challenge or of reaching a decision
are, from Moldova's answers to question 34(vi) of re plies to the Checklist of Issues and question 13 of
GPA/W/182.  We would be grateful if Mo ldova could supplement this information.
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