RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/191
25 April 2002
(02-2399)
Committee on Government Procurement Original:  English
ACCESSION OF MOLDOVA TO THE AGREEMENT ON
GOVERNMENT PROCUREMENT
Questions from the United States 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
The United States has reviewed the responses of Moldova to the checklist of issues
(GPA/W/177) and appreciates the thorough nature of the information provided.  The United Statessubmits the following questions and requests for clarification regarding Moldova’s submissions.
1. The United States requests that Moldova submit for review by all GPA Parties the laws,
regulations, and other measures listed in its respon se to question 2 of the checklist.  The provision of
this information will be very useful for members in their review of Moldova’s procurement regime.
2. In response to question 4 of the Checklist, Moldova details the governmental structure of the
Republic of Moldova.  Please indicate whether the first or second level of governmental units is
considered the higher level.
3. The United States notes in Moldova’s response to question 5 of the Checklist that it states
with respect to a number of the listed government en tities that the entity includes "public bodies that
fall under the leadership and control of" the particular entity.  The United States requests that
Moldova provide an explanation of how these public bodies are managed and overseen by the entities
under which they are organized.  Also, please indicate whether and in what manner the establishment
and operation of the public bodies is provided for in statute or the organizational laws of the
overseeing governmental entity.
4. Please describe how the draft Law on Public Procurements, referenced in response to
Question 7, will establish a new mechanism of state procurements and how the new mechanism is
intended to regulate the procurement of goods and services by state enterprises.
5. Moldova has listed the activities of the National Agency for Public Procurements for the past
3 years in response to question 10.  The United States appreciates this information and would
appreciate knowing whether Moldova has developed a system capable of providing breakdowns of
procurement by entity, with respect to both goods and services.
6. In Moldova’s response to question 11 of the Checklist, Moldova states that "Article 8 of the
Law No. 1166-XIII, dated 30.04.1997 on procurement of goods, works and services for the state
needs, envisages, among other things, the right of suppliers (businessmen) to participate to auctions
irrespective of their citizenship".  In response to question 12, however, it indicates that, "Article 8 of
the Law stipulates, as an exception, the possibility of the National Agency for Public Procurement todecide to narrow the range of participating suppliers (businessmen) in favour of the national ones."
Please describe the circumstances under which this exception can be used.
7. In light of Moldova’s response to question 12 of the Checklist, please explain fully how
Moldova will accord national treatment to supplier s of GPA Parties when they compete for tenders
covered by the GPA .GPA/W/191
Page 2
8. In response to question 15 of the Checklist, Moldova has provided a list of documents and
information that suppliers are required to provid e when competing for contracts.  Are there any
additional requirements that winning suppliers must meet that would constitute offsets as that term is
understood in the context of the GPA?  Offsets in the government procurement context include
measures to encourage local development or improve balance-of-payments accounts such asrequirements for domestic content, licensing of technology, investment, counter-trade or similar
requirements.
9. With reference to Moldova’s response to question 16 of the Checklist, what are the functional
differences between "two stages auctions" and "auctions with limited participation?"  Is one a subset
of the other?
10. The United States requests additional information regarding Moldova’s response to
question 16.
A) The United States understand that auctions with limited participation are not
conducted using lists or registries of suppliers (response to question 18).  Please indicate howqualification of suppliers interested in competing for tenders offered under this procedure is
conducted.
B) Is the National Agency for Procurement’s publication widely available in order that
potentially interested suppliers may be informed of the existence of Requests for Proposals (tenders)and related preliminary selection documents?
C) Please indicate how the National Agency for Procurement in the two-stage auction
determines the number of suppliers that are sufficient and the criteria or method by which the Agency
for Procurement identifies and ensures the sufficient number of participants for an effectivecompetition.
11. In Moldova’s response to question 16, it is stated that the use of the auction with limited
participation is partially  dependent on whether "the value of the procurement contract is smaller than
12,500 minimum salaries."  Please explain how the "minimum salary" standard functions in
Moldova’s procurement system.  Is this intended to function as a minimum threshold?  Please also
indicate what the current value of the minimum salary is, how the minimum salary value is assessed,how often this value is subject to change, and how that information is made available to interested
suppliers.
12. In response to question 17 of the Checklist, Moldova has referred to Article 6, paragraph (3)
and Article 7 of  a Law under consideration.  Plea se indicate what this law is and when Moldova
expects the law to be ratified and to become effective. Once this law is ratified, the United States
would appreciate receiving a copy of the law.  Is the statement in Moldova’s response that: "The
procurement working group for a state beneficiary shall not . . . establish discriminating criteria,
requirements or procedures with respect to a certain category of suppliers (businessmen)"included in
the Law?  If not, what is the authority for this st atement?  Also, are that provision and Article 7 the
only explicit requirements of non-discrimination in Moldova’ s laws?
13. In response to question 26 of the Checklist (the publication of laws, regulations, judicial
decisions, administrative rulings of general application and procedures regarding government
procurement), Moldova indicates that "[t]he internet is one of the tools used for this purpose."  Is therea specific website (with URL address) on which Moldova maintains this information?
14. Moldova’s response to question 27 of the Checklist indicates that tender announcements are
conducted through radio and print media.  Please indicate whether print media is used for all
announced tenders, or whether some tenders are only announced by radio.GPA/W/191
Page 3
15. In response to question 29 of the Checklist, Mol dova states that "Public entities do not publish
announcements regarding the award of the contract."  In its answer to question 30 of the Checklist,
Moldova indicates that the Procurement Agency will publish certain information regarding
procurement contracts.  Please clarify under which circumstances award decisions are published.
16. In response to question 32 of the Checklist, Moldova provides considerable detail regarding
the bid evaluation process and in response to question 34, it has provided some information related to
its bid challenge system.  Please provide a comprehensive description of Moldova’s procedures for
unsuccessful suppliers to challenge the bid award, as required by GPA Article XX, including the time
periods relevant at each stage of the process?
17. With respect to Moldova’s reply to question 33 of the Checklist, please describe the
"proposals consideration procedure."
18. In response to question 32(ii) of the Checklist , Moldova states that the National Agency for
Public Procurement is "responsible for the resolution of the complaint."  Please describe the process
by which the Agency carries out this responsibility.  Also, please indicate whether the decisions of the
National Agency for Public Procurements are subject to judicial review?  How are members of theAgency responsible for this function appointed or selected?
19. In response to question 34(iv) of the Checklist, Moldova states that the procurement
procedures may be suspended for seven days, which may be extended to 30 days in certain cases.
Please indicate how Moldova ensures that where a complaint is upheld that the complainant will beensured that the commercial opportunity has been preserved where the period for suspension has
expired.
__________