./.RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/182
13 February 2002
(02-0726)
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 Agreement
on Government Procurement Contained in GPA/W/177
Hong Kong, China would like to raise the following questions regarding Moldova's replies to
the checklist of issues for provision of information relating to accession to the Agreement on
Government Procurement contained in GPA/W/177.
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1. Moldova's reply to question 12 mentions that there are certain provisions in their domestic
law that accord more favourable treatment to national suppliers.  Please advise:
(a) Under what circumstances would the National Agency for Public Procurement decide
to narrow the range of participating supplies (businessmen) in favour of the national
ones?
(b) How often are national suppliers favoured pursuant to these provisions?(c) How does the preferential limit under Article 38, paragraph (b) of the procurement
law work in practice?
(d) Is there any intention to remove these discriminatory provisions?
2. We should be grateful if Moldova could explain how the situations for procurement from one
single source (mentioned in Question 16(f)) and procurement through limited participation
(mentioned in question 19) are fully consistent with Article XV:I of the GPA on Limited Tendering or
Article XXIII on Exceptions.
3. Moldova's reply to question 17 states that the procurement working group shall not establish
discriminating criteria, requirements or procedures with respect to a "certain" category of suppliers.
Would Moldova clarify what this category of suppliers is, and whether discriminating criteria,
requirements or procedures can be established for other categories of suppliers?
4. The reply to question 21 mentions about the time-limit under Article 32(1) of Moldova's
procurement law.  Does the time-limit apply to all types of procurement procedures in Moldova?
Besides, Article 32(5) of Moldova's procurement la w allows a tenderer to submit a tender by fax.  Is
there any requirement that the tenderer has to confirm its fax by letter or a signed copy of the fax
(see Article XIII.1(a) of the GPA)?GPA/W/182
Page 2
5. Further to the reply to question 26, is there a web site for the publication of the procurement
notices?
6. For question 27, the information to be contained in an invitation to participate is not as
comprehensive as Article IX.6 of the GPA (for example, information on items (b), (d), (f) and (h) ofArticle IX.6 is not required).  Does Moldova have any intention to improve the type of information to
be included?
7. It is noted from the answer to question 29 that Moldova's public entities do not publish
announcements regarding the award of the contract.  This seems to be inconsistent with
Article XVIII.1 of the GPA.  We would be grateful for Moldova's clarification.
8. On the reply to question 31, we would be grateful if Moldova could clarify whether the
Procurement Agency is ready to provide reasons for not selecting a tender upon request pursuant to
Article XVIII.2 of the GPA.
9. Moldova's answer to question 32 appears more related to the selection procedures and criteria
for successful bids rather than bid challenge procedures.  We would be grateful if Moldova could
supplement the required information in a revised reply.  Furthermore, as mentioned in the second last
paragraph of the answer, the Procurement Agency has the right to reject all the other tenders if the
first bidder refuses to confirm the qualification data at the contract stage.  This does not appear to be
consistent with Article XIII.4(b) of the GPA, whic h provides that a procuring entity should award a
contract unless it is in the public interest for it not to do so.  We would be grateful for Moldova's
clarification.
10. On question 33, are there any bid challenge procedures applicable to foreign supplies?
11. The answer to question 34(ii) says that the National Agency for Public Procurements shall be
responsible for the resolution of the complaint.  Since this National Agency is also involved in the
procurement itself, how does this Agency maintain its independence and neutrality in the resolution of
complaints?
12. In the reply to question 34(v), it is stated that Moldova's law does not envisage compensation
possibilities for the supported losses or damages.  These will have to be defined (established) by thecorresponding institution.  Could Moldova elaborate more on the last sentence, in particular what is
meant by the "corresponding institutions"?
13. The answer to question 34(vi) does not relate to the question on the time-periods for the
stages of the challenge process.  We should be grateful for further information in this regard.
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