The procedure for appealing against public procurement has been regulated by law
The document is part of the National Plan for Moldova’s accession to the EU in terms of harmonizing the Moldovan legislation with the relevant European directives. The new provisions will enter into force on April 1, 2026. Draft The law on remedies and ways of appealing in public and sectoral procurement contracts and concessions was submitted to Parliament last December.
The law prescribes the status of the National Agency for the Resolution of Complaints (ANSC). According to the document, it is the only autonomous body empowered to consider complaints filed in the framework of contracting procedures for public and sectoral procurement and concessions.
Grievance panels will be changed frequently
ANSC will exercise its powers through grievance panels. Their composition, including chairpersons, will be approved by order of the ANSC Chairman for a period not exceeding one year. The same composition of the panel, including the chairperson, may be retained for not more than two consecutive terms.
In order to resolve a complaint, the National Dispute Resolution Body shall have the right to require explanations from the parties, evaluate evidence and request any other data/documents insofar as they relate to the subject matter of the complaint.
The resolution of grievances shall be done by three-member panels. For proper functioning, they shall be accompanied by at least one lawyer and one consultant responsible for case management from the relevant units of the National Dispute Resolution Body.
Timeframes of the grievance procedure
The document also prescribes the duration of the grievance procedure, as currently the timeframe may be insufficient to fully analyze individual cases, which affects the quality of decisions.
The National Dispute Resolution Body is obliged to consider a complaint about a procurement procedure within 20 working days and a concession within 35 working days.
The enterprise can file a complaint within 10 days of receipt by electronic means of communication or 15 days by other means of communication. And the procuring authority shall submit its opinion to the ANSC no later than five working days from the date of receipt of such request, accompanied by the documents that are requested.
