LAW OF THE REPUBLIC OF MOLDOVA

of December 29, 2025 No. 325

About public procurements

The Parliament adopts this organic law.

This law partially shifts (parts (1), (2), (4) - (6) Articles 1, Articles 2-5 and 7-21, of part (1) - (6) articles 22, of article 23-55, of part (1) - (3) articles 56, of article 57 and 58, of part (1), (2) and (4) - (6) Articles 59, Article 60, of part (1) and (2) articles 61, of article 62-70, of part (1) - (6) articles 71, of article 72-84, of part (1) and (2) Articles 86, and also appendices I-IX, XII and XIV) the Directive of the European parliament and Council 2014/24/EU of February 26, 2014 about public procurements and about cancellation of the Directive 2004/18/EU, published in the Official magazine of the European Union by L 94 of March 28, 2014, CELEX: 32014L0024, with the subsequent changes made by the Delegated regulations of the Commission (EU) 2023/2495 of November 15, 2023.

Chapter I. General provisions

Article 1. Subject of regulation and scope

(1) This law regulates procedure for award of agreements on public procurements and the organization of tenders of decisions, legal regime, applicable to such agreements, and also separate specific aspects of execution of the relevant agreements which estimated value excluding tax on value added makes or exceeds the following extreme values:

a) for agreements on public procurements of works - 1 000 000 Moldovan lei;

b) for agreements on public procurements of goods and services, and also tenders of the decisions which are awarded/organized by the central bodies of the public power - 600 000 Moldovan lei;

c) for awarded by the buying bodies in the field of defense of agreements on public procurements of goods which subject are the goods listed in appendix 1, - 600 000 Moldovan lei;

d) for agreements on public procurements of goods and services, and also tenders of the decisions which are awarded/organized by local authorities of the public power and legal entities of the public law - 800 000 Moldovan lei;

e) for the agreements on public procurements of goods awarded by the central bodies of the public power in the field of defense which subject are not the goods listed in appendix 1, - 800 000 Moldovan lei;

f) for agreements on public procurements which subject are the social and other specific services listed in appendix 2, - 1 000 000 Moldovan lei.

(2) This law provides the special provisions concerning agreements on public procurements and tenders of decisions which estimated value excluding tax on value added makes or exceeds the following extreme values:

a) for agreements on public procurements of goods and services - 2 300 000 Moldovan lei;

b) for agreements on public procurements of works - 90 000 000 Moldovan lei;

c) for agreements on public procurements which subject are the social and other specific services listed in appendix 2, - 7 000 000 Moldovan lei.

(This law does not mention 3):

a) freedom of the central or local authorities of the public power to estimate the rendered services in service quality, being of general economic interest, to determine procedure for the proper organization and financing of such services according to the regulations concerning government assistance and also the specific obligations applied to these services;

b) the right of the central or local authorities of the public power to make the decision on feasibility, method and amount of independent rendering public services by them such services fully met needs of users;

c) procedure for the organization and functioning of the state system of social insurance;

d) the agreements or decisions which are regulating delegation of power and responsibility between the buying bodies or associations of the buying bodies for satisfaction of public concerns and not providing remuneration for rendering services.

(4) Agreements on public procurements which estimated value excluding tax on value added does not exceed the extreme values specified in part (1), are awarded in accordance with the terms and the procedures regulated by the Government.

(5) the Government estimates need of limiting adjustment of the values provided by part every two years (2), and if necessary offers Parliament their review.

(6) the Cost extreme values provided by part (2), the extreme values established in the Agreement on public procurements signed in Marrakech on April 15, 1994 which the Republic of Moldova joined the Law No. 125/2016 (further - the Agreement on public procurements of the WTO) cannot exceed.

(7) the Agency of public procurements publishes on the limiting official website the values established by the Agreement on public procurements of the WTO in day of their entry into force.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

1) professional offense - the action or failure to act influencing professional trust to the economic operator committed is intentional or by rough negligence, including violation of the deontological regulations which are subject to strict observance by this operator in professional activity and also violation of intellectual property rights;

2) public procurement - acquisition on the basis of the agreement on public procurement of goods, services or works as one or several buying bodies at the economic operators selected by them irrespective of whether goods, services or works are intended for the public purposes;

3) auxiliary purchasing activity - the activities consisting in assistance and supports when implementing purchasing activity in one of the following forms:

a) provision of the technical infrastructure allowing the buying body to award agreements on public procurements or to sign the framework agreements concerning goods, services or works;

b) consultation on questions of initiation or holding procedures of public procurements;

c) initiation and holding procedures of public procurements from name and for benefit of the buying body;

4) centralized purchasing activity - the activities performed on permanent basis in one of the following forms:

a) purchase of the goods and/or services intended for other buying bodies;

b) award of agreements on public procurements or the conclusion of the framework agreements concerning goods, services or works from name and for benefit of other/other buying bodies;

5) the central body for purchases - the buying body performing centralized purchasing activity and if necessary auxiliary purchasing activity;

6) the buying bodies - the central and local authorities of the public power, legal entities of the public law, the associations consisting of one or several such bodies of the public power or legal entities of the public law;

7) the central bodies of the public power - legal entities with the status:

a) body of the public power, the central authority, the central industry body of the public power, and also organizational structures which are under them or falling within the scope of their competence;

b) authority, organization, body, the organization, bureau or the agency - state, autonomous, independent, self-governed and/or regulating which activities are provided at the expense of public funds or management of which is subject to control from the central or local authorities of the public power or other legal entities of the public law or the administrative, leading or supervising council of which consists more than for 50 percent from the members appointed by the specified subjects;

c) Constitutional court, degree of jurisdiction, prosecutor's office;

8) local authorities of the public power - bodies of local public authority in the value determined in the Law on local public authority No. 436/2006;

9) the candidate - the economic operator who requested the invitation to participation or invited to participation in the procedure of the limited biddings, in competitive negotiations, negotiations without preliminary publication of the announcement of participation and also in competitive dialogue or innovative partnership;

10) the unacceptable candidate - the economic operator who is excluded based on Article 58 or does not answer the selection criteria established by the buying body based on Article 59;

11) requirements to marking - requirements to which there shall correspond goods, services, works, processes or procedures for receipt of certain marking;

12) lifecycle - all consecutive and/or interconnected stages during the term of existence of goods, work or rendering service, including the researches which are subject to implementation and developments, production, realization and its conditions, transportation, use and servicing - from purchase of raw materials or forming of resources before utilization, clearing of the production site and completion of rendering service, performance of work or use of goods;

13) tender of decisions - the procedure allowing the buying body to acquire the plan or the project - in particular in the field of arrangement of the territory, town-planning and landscape designing, architecture and engineering or data processing - by its selection on competitive basis the commission with award or without award of awards;

14) the agreement on public procurement - the paid agreement signed in writing between one or several economic operators and one or several buying bodies which subject are purchase of goods, rendering services or performance of works;

15) the agreement on public procurement of goods - the agreement on public procurement which subject are purchase of goods, purchase of goods by installments, property employment or leasing of goods with opportunity or without possibility of their purchase. The agreement on public procurement which subject is delivery of goods can include in addition works on installation and installation;

16) the agreement on public procurement of works - the agreement on public procurement which subject are:

a) accomplishment or designing, and also performance of works, connected with one of the types of activity provided by appendix 3;

b) accomplishment or designing, and also accomplishment of the separate work other than works, stipulated in Item a);

c) accomplishment by all means the work conforming to the requirements established by the buying body and exerting decisive impact by sight or the project of work;

17) the agreement on public procurement of services - the agreement on public procurement which subject is rendering the services other than the services which are the subject of the agreement about public procurement of works;

18) documentation on award - any document published or specified by the buying body, containing requirements, criteria, the rules and other information necessary for ensuring complete, correct and exact informing economic operators on requirements or elements of public procurement, the subject of the agreement about public procurement and procedure for holding procedure of award including the announcement of participation, the announcement of intention, technical specifications or the descriptive document, offered terms of the contract, forms of submission of documents by offerers/candidates, data on general applicable obligations, and also other additional documents;

19) marking - the document, the certificate or the certificate which confirm compliance of goods, services, works, processes or procedures to certain requirements;

20) the European technical assessment - the documentary assessment of characteristics of construction products concerning its main properties performed according to the European document on assessment accepted by the bodies of technical assessment appointed member states of the European Union (further - EU member states), for the purpose of creation of the European technical assessments;

21) the service provider on purchase - the legal entity of public or private law performing auxiliary purchasing activity in the market;

22) innovation - creation new or significantly the improved goods, service or process, including, in addition, production processes, buildings or constructions, new sales methods or new methods of the organization of commercial practice, workplace or external relations, including for the purpose of assistance to the solution of social problems or support of the reasonable, strong growth favoring to social integration;

23) work - result of complex of works on construction of buildings or works in the field of civil engineering, sufficient according to the characteristics for accomplishment of economic or technical function;

24) electronic means - the electronic equipment for processing (including digital compression) and the data storage extended, transferred and received by means of wire communication, radio communication, optical or other electromagnetic means;

25) valid requirements of industrial or commercial nature - any activities of the subject corresponding in total to the following conditions:

a) functions in normal market conditions;

b) pursues the profit earning aim;

c) incurs the losses resulting from implementation of the activities;

26) the offerer - the economic operator who provided the offer;

27) the offer - the legal act which the economic operator expresses the desire to assume obligations in law under the agreement on public procurement. The offer contains the financial offer, the technical proposal, and also other documents established in documentation on award;

28) the admissible offer - the offer provided by the offerer who answers criteria of qualification and selection and which offer meets technical specifications is not inappropriate, unacceptable or inadequate;

29) the unacceptable offer - the offer provided by the offerer who does not have the necessary qualification specified in documentation on award and also the offer which price exceeds the amount of the funds allocated for agreement performance about public procurement established and documentary fixed prior to the procedure of public procurement provided that these means cannot be added;

30) the inadequate offer - the offer which does not have essential value for subject of purchase and obviously incapable without essential changes to meet the requirements and requirements of the buying body specified in documentation on award;

31) the inappropriate offer - the offer which is not conforming to the requirements specified in documentation on award which was received with delay, is acknowledged as the buying body having obviously cut price or contains signs of anti-competition practice, unfair competition or making of corruption actions about what it was brought to the attention of competent authority;

32) the economic operator - the physical person or the legal entity of public or private law either group or consolidation of such persons, including any temporary consolidation consisting of two or more such subjects which legally deliver goods render services or perform works in the market;

33) the legal entity of the public law - the subject corresponding in total to the following conditions:

a) it is founded with specific purpose for satisfaction of the valid requirements which do not have industrial or commercial nature;

b) has the status of the legal entity;

c) its activities are provided more than for 50 percent at the expense of public funds, or management is subject to them to control from the central or local authorities of the public power or other legal entities of the public law, or its administrative / leading / supervising council consists more than for 50 percent from the members appointed the specified subjects;

34) the financial offer - the part of the offer containing price information, the rate, other financial and commercial conditions conforming to the requirements established by documentation on award;

35) the technical proposal - the part of the offer developed on the basis of the requirements containing in the specification or on circumstances in the descriptive document;

36) technical guidance - the document developed by the European standardization organizations, except for official standards according to the procedure adapted for the changing market requirements;

37) in writing - the form of set of words or figures which can be read, reproduced and is transferred afterwards, including by means of electronic means;

38) technical specification:

a) in case of agreements on public procurements of works - set of the technical requirements containing, in particular, in documentation on award and determining characteristics which the delivered material, goods for its possible use with the purpose pursued by the buying body shall have. These characteristics include the level of ecological safety, designing for all types of use (including access for persons with limited opportunities), assessment of conformity, indicators, safety or the sizes, including procedures of quality assurance, terminology, symbols, testing and methods of testing, packaging, marking and labeling, instructions for use, and also production methods and processes at all stages of lifecycle of works. Characteristics include regulations of designing and calculation of costs, test conditions, control and acceptance of works, and also acceptances or methods of construction and all other conditions of technical nature which the buying body is able to provide, according to general or specific rules concerning complete works and materials or their components;

b) in case of agreements on public procurements of goods or services - the specification specified in the document for determination of required characteristics of goods or service, in particular the quality level, level of ecological safety, designing for all types of use (including access for persons with limited opportunities), assessment of conformity, indicators, use of goods, its safety or the sizes, including requirements for the name, applicable to goods, under which it is on sale, terminology, symbols, testing and methods of testing, packaging, marking and labeling, instructions for use, production processes and methods at all stages of goods lifecycle or service, and also assessment procedure of compliance;

39) the general technical specification - the technical specification in the field of information and communication technologies developed according to the procedure recognized as EU member states, and published in the Official magazine of the European Union;

40) the standard - the technical specification accepted as the international, European or Moldavian standard by acknowledged body for standardization which according to the decision of the buying body is subject to repeated or permanent application;

41) the European standard - the standard accepted by the European body for standardization and provided to the public;

42) the international standard - the standard accepted by the international body on standardization and provided to the public;

43) the Moldavian standard - the standard accepted by national authority on standardization of the Republic of Moldova and provided to the public;

44) the agreement of sub contracting - the paid agreement signed in writing between the offerer selected for the agreement on public procurement, and one or several economic operators for the purpose of execution of the relevant agreement which subject are delivery of goods, rendering services or performance of works.

Article 3. The mixed purchases

(1) Provisions of parts (2) and (3) this Article are applied to the mixed agreements which subject are different types of purchases, all from which are regulated by this law. Provisions of parts (4) - (6) this Article are applied to the mixed agreements which subject are the purchases regulated by this law and the purchases regulated by other regulations.

(2) Agreements on public procurements which subject are two or more types of purchases (goods, services or works) are awarded according to the provisions applicable to the type of purchases characterizing the main subject of such agreement.

(3) in case of the mixed agreements which subject are as the social and other specific services provided by appendix 2, and other services and also in case of the mixed agreements which subject are both services, and goods the main subject is determined depending on the highest estimated value of the corresponding services or goods.

(4) If different parts of the agreement can be objectively divided, part provisions are applied (6). If different parts of the agreement cannot be objectively divided, part provisions are applied (8).

(5) in case of agreements which subject are as the elements regulated by this law and the essential elements connected with state security and also the elements regulated by the law on award of certain agreements on works, delivery of goods and provision of services by the buying bodies or the buying subjects in the field of defense and homeland security are applied Article 15 provisions.

(6) in case of agreements which subject are the purchases regulated by this law as well as the purchases regulated by other regulations the buying body has the right to choose between award of separate contracts for separate parts or award of the single agreement:

a) if the buying body chooses award of separate contracts for separate parts, the decision on legal regime which is applied to each of such separate agreements, is accepted depending on characteristics of each part;

b) if the buying body chooses award of the single agreement, this law is applied to the relevant mixed agreement, except as specified applications of provisions of Article 15, irrespective of the cost of parts which in case of their inclusion in separate agreements would fall under other legal regime;

c) in case of the mixed agreements containing as elements of agreements concerning goods, services and works, and elements of concessions, the mixed agreement is awarded according to this law provided that the estimated value of the part of the agreement representing public procurement calculated according to article 4 shall be equal at least to the extreme value provided by part (2) Article 1.

(7) in case of the mixed agreements which subject are as the elements regulated by this law and the elements regulated by the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020, in departure from part provisions (6) rules of award are established according to provisions of articles 6 and 6-1 of the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020.

(8) If different parts of the agreement on public procurement cannot be objectively divided, the applicable legal regime is determined proceeding from the main subject of such agreement.

Article 4. Methods of calculation of estimated value of public procurement

(1) Calculation of estimated value of public procurement is based on the total amount which is subject to payment, excluding tax on value added, estimated by the buying body including possible versions and prolongation of agreements as it is directly established in documentation on award. The structure to the subject payment of total amount includes any form of remuneration, including any kinds of awards, charges, commission charges, the got profit and/or payment of fees or payments for benefit of offerers, taking into account any possible version and possible extension of the agreement.

(2) If the buying body consists of separate operating units, the total estimated value on all separately taken operating units is considered. If one operating unit bears independent responsibility for the purchases or for their certain categories, makes decisions on acquisition, has the separate budget line for the corresponding purchases, independently signs the agreement and finances it from the budget which is available at its order, cost can be estimated at the level of the corresponding unit.

(3) the Buying body has no right to use methods of calculation of estimated value of public procurement for the purpose of evasion from application of the procedures of award provided by this law. Separation of public procurement is forbidden if it attracts its exception of scope of this law.

(4) the Estimated value of public procurement is determined before initiation of the procedure of award of the relevant agreement. This cost shall be valid at the time of transfer for publication of the announcement of participation or if the procedure of award does not assume publication of such announcement, at the time of transfer invitations to participation or publications of the announcement of intention.

(5) If the buying body intends to sign the framework agreement, estimated value of public procurement the maximum estimated value excluding tax on value added of all agreements on public procurements which as it is supposed, will be awarded based on this framework agreement throughout all term of its action is considered.

(6) If the buying body intends to use dynamic purchasing system, estimated value of public procurement the maximum estimated value excluding tax on value added of all agreements on public procurements which as it is supposed, will be awarded by means of use of the corresponding dynamic purchasing system throughout all term of its action is considered.

(7) in case of innovative partnership the maximum estimated value excluding tax on activities value added in the field of researches and developments which shall be performed throughout all stages of the planned partnership, and also goods, services or works which are subject to development and purchase upon completion of the corresponding partnership is considered.

(8) If the buying body intends to conduct procurement of works for which it shall provide to the contractor materials, the machines, processing equipment or other constructions and means necessary for performance of works, estimated value of public procurement shall include both the cost of subjects to performance of works, and total cost of the specified means.

(9) If performance of work on objects/lots on which the buying body intends to award separate agreements on public procurements of works to one or several contractors is allowed, the estimated value of public procurement shall be determined taking into account total cost of all objects / lots which are part of the corresponding work. If the total cost of all objects / lots exceeds the extreme value provided by part (1) Articles 1, the buying body applies provisions of this law in case of award of the contract for each object / lot.

(10) If the buying body intends to acquire the similar goods divided into lots which purchase is subject of separate agreements on public procurements by estimated value of public procurement the total cost of all lots is considered. If the total cost of all lots exceeds the extreme value provided by Items b) - e) parts (1) Articles 1, the buying body applies provisions of this law in case of award of the contract for each lot.

(11) for the purposes of application of Item (10) similar goods are understood as goods which correspond in total to the following conditions:

a) are intended for identical or similar types of use;

b) enter regular range of goods, delivered/realized by the economic operators performing permanent activities in the relevant sector.

(12) In departure from provisions of parts (9) and (10) the buying body has the right not to apply provision of this law only to objects/lots which in total correspond to the following conditions:

a) the estimated value of object/lot excluding tax on value added makes no more than 1 000 000 Moldovan lei for works and no more than 600 000 Moldovan lei for goods and services;

b) the total estimated value of objects/lots to which this exception is applied does not exceed 20 percent from total cost of all lots into which the offered works, the offered purchase of similar goods or the offered rendering services were divided.

(13) in case of agreements on public procurements of the goods or services having regular character or which are subject to renewal during the certain period, shall form calculation base for value assessment of public procurement:

a) or total cost of all similar consecutive agreements signed for the last 12 months, taking into account in case of possibility of the predicted changes of the purchased amounts and their cost which can occur within the next 12 months;

b) or total estimated value of all similar agreements which as it is supposed, will be awarded within the next 12 months, since the moment of the first delivery.

(14) in case of agreements on public procurements of goods for which the buying body determined method of purchase of goods - installment purchasing lease or leasing with opportunity or without possibility of the redemption, calculation base shall form for determination of estimated value of public procurement:

a) in case of contracts on public procurements for certain term if this term constitutes no more than 12 months, - total estimated value for all duration of the agreement or if the duration of the agreement exceeds 12 months, total cost, including estimated residual cost;

b) in case of agreements on public procurements sine die or agreements which effective period cannot be determined, - the monthly cost increased on 48.

(15) If the buying body intends to acquire insurance services, the estimated value of public procurement is calculated on the basis of the insurance premiums, and also other forms of remuneration connected with the corresponding services which are subject to payment.

(16) If the buying body intends to acquire banking or other financial services, the estimated value of public procurement is calculated on the basis of payments, commission charges, percent and other forms of remuneration connected with the corresponding services.

(17) If the buying body intends to acquire services in the field of designing, town planning, engineering and other technical services, the estimated value of public procurement is calculated on the basis of the fees which are subject to payment, commission charges and on the basis of any other forms of remuneration connected with the corresponding services.

(18) If the buying body intends to award the agreement on public procurement of services under which it is impossible to predict total price of service, but it is possible to determine average monthly rate, the method of assessment depends on effective period of such agreement, in particular:

a) if the duration of the agreement is established and does not exceed 48 months, the estimated value of public procurement shall be calculated taking into account all duration of the agreement;

b) if the duration of the agreement cannot be determined or exceeds 48 months, the estimated value of public procurement shall be calculated by multiplication of monthly cost on 48.

(19) If the buying body intends to award the agreement on public procurement of goods for which also transactions/works on installation and commissioning are required, the estimated value of public procurement shall include also estimated value of the corresponding transactions / works.

(20) the Procedure for planning of public procurements is performed according to the conditions and procedures regulated by the Government.

Chapter II. Exceptions

Article 5. Agreements on public procurements in sectors of power, water resources, transport and post services

(1) This law is not applied to agreements on public procurements and tenders of decisions which according to the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020 are awarded or will be organized by the buying bodies performing one or several types of activity provided by articles 9-15 of the specified law and are awarded for implementation of these types of activity.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info