Parliament adopts new mechanisms for exercising appeals in public procurement, sectoral procurement and concessions

Parliament adopted today legislative amendments aimed at ensuring effective mechanisms for appeals in the public procurement, sectoral procurement and concessions. The document was approved in the second reading by 62 MPs.

The draft law on remedies and appeals in the public procurement, sectoral procurement and concessions was developed by the Ministry of Finance. The document is part of the National Plan for Moldova’s accession to the European Union and transposes certain European directives into national law.

The authors state that the legislative initiative aims to ensure a solid and coherent regulatory framework containing provisions applicable to all areas of competence. It also seeks to standardize practice, increase transparency and facilitate operators’ access to mechanisms for the protection of their rights.

The document clearly sets out the status of the National Agency for the Settlement of Complaints (ANSC) and of the members of the panels for the settlement of complaints, which is the sole autonomous authority examining complaints lodged in the procedures for awarding public procurement, sectoral procurement and concession contracts. The institution will be renamed the National Authority for the Settlement of Complaints, and the position of adviser will be renamed member.

Thus, ANSC will exercise its powers through complaint settlement panels. Their composition, including the chairpersons, will be approved by order of the ANSC president for a fixed period, but not longer than one year. The same composition of the panel, including the chairperson, may be maintained for no more than two consecutive periods. At the same time, the work of examining and settling complaints will be allocated randomly through the electronic document management information system.

The document concerns the length of complaint settlement procedures, since currently the deadlines may be insufficient for a thorough analysis of complex cases, which can affect the quality of decisions. Thus, an economic operator will be able to file a complaint within 10 days from the date of becoming aware of the act by electronic means, or 15 days when other means of communication are used. The authors have also proposed the introduction of an 11‑day standstill period before the contract is awarded. In addition, ANSC will be obliged to issue a decision on the merits of a complaint regarding a public procurement procedure or the award of a sectoral contract within 20 days. In the case of a works or services concession, the deadline is 35 working days.

The new legislative provisions will enter into force on 1 April 2026.