LAW OF THE REPUBLIC OF MOLDOVA

of July 30, 2026 No. 163

About award of agreements on performance of works, delivery of goods and rendering services by the buying bodies or the buying subjects in the field of defense and homeland security

The Parliament adopts this organic law.

This law partially shifts (Article 1-54, 65-66 and appendix I-VI and VIII) the Directive of the European parliament and Council 2009/81/EU of July 13, 2009 about coordination of procedures of award of agreements on performance of works, delivery of goods and rendering services by the buying bodies or the buying subjects in the field of defense and safety, and also about modification of directives 2004/17/EU and 2004/18/EU, published in the Official magazine of the European Union by L 216 of August 20, 2009, CELEX: 32009L0081, taking into account the last changes made by the Delegated regulations of the Commission (EU) 2023/2510 of November 15, 2023.

Chapter I. General provisions

Article 1. Subject of regulation and scope

This law regulates the procedure for award and legal regime applicable to purchase agreements in the field of defense and homeland security (further - purchase agreements) which subject are:

a) delivery of the military equipment, including any spare parts, component parts and/or its nodes / connections;

b) supply of equipment, having special value for safety, including any spare parts, component parts and/or its nodes / connections;

c) performance of works, delivery of goods and rendering the services which are directly connected with the equipment specified in Items a) and b), at any stage or at all stages of its lifecycle;

d) performance of works and rendering the services which are specially intended for the military purposes or performance of works and rendering the services having special value for safety.

Article 2. Basic concepts

(1) for the purposes of this law the following concepts are used:

1) purchases of civil appointment – the agreements which are not falling under action of provisions of Article 1, subject of which are purchases of the works, goods or services which do not have the military of nature for the logistic purposes and which consist in accordance with the terms, specified in Article 17;

2) public administration – the state, regional or local government of the member state of the European Union or the state which is not entering the European Union;

3) the central body for purchases – the buying body/subject performing centralized purchasing activity and if necessary auxiliary purchasing activity, or the European public body, which:

a) acquires the goods and/or services intended for the buying bodies/subjects or;

b) awards purchase agreements or signs the framework agreements on purchases of the works, goods or services intended for the buying bodies/subjects;

4) the European technical approval – the positive technical assessment of suitability of products for use on certain appointment based on compliance to the main requirements to construction objects taking into account characteristics inherent in products, and also the established conditions of its application and use. The European technical approval is issued by the body authorized by the member state of the European Union for this purpose;

5) crisis – any country situation or abroad in case of which occurred the event doing harm which is obviously beyond daily unfavorable events and creating threat of life and to human health or significantly the considerable impact limiting their safety and life activity, and also making on material values or requiring taking measures to providing the population with essential goods. Crisis the situation when approach of such event doing harm is recognized inevitable is also considered; armed conflicts and wars are considered as crises in sense of this law;

6) applied research – the experimental activities performed for the purpose of receipt of new knowledge oriented first of all to achievement of the specific practical purpose or the solution of specific practical objective;

7) basic research – the experimental or theoretical work which is carried out mainly for the purpose of acquisition of new knowledge of bases of the observed phenomena and facts without calculation on any specific application or use;

8) researches and developments – all types of activity including basic researches, applied researches and experimental developments at the same time the last can provide creation of technological demonstration samples, that is the devices intended for demonstration of characteristics of the new concept or new technology in the conditions as close as possible to real or corresponding to expected scope;

9) lifecycle – set of all consecutive stages of existence of product, such as researches and developments, industrial development, production, repair, upgrade, modification, maintenance, logistic providing, training, testing, conclusion from operation and utilization;

10) the purchase agreement of goods – the purchase agreement in the field of defense and homeland security which subject are delivery of goods, purchase of goods by installments, property employment or leasing of goods with opportunity or without possibility of their purchase. The purchase agreement which subject is delivery of goods can include in addition works on installation and installation;

11) the purchase agreement of works – the purchase agreement in the field of defense and homeland security which subject are accomplishment or at the same time designing and performance of works, the provided Section 45 of the General dictionary of public procurements (CPV) approved by the Order of the Government No. 339/2017, or performance of works in any manner according to the requirements established by the buying body/subject;

12) the purchase agreement of services – the purchase agreement in the field of defense and homeland security which subject is rendering the services other than the services which are the subject of the agreement about purchase of works or goods;

13) experimental development – the activities performed on the basis of the available knowledge gained as a result of researches and/or practical experience for the purpose of initiation of production of new materials, products or devices, creation of the new processes, systems or services or essential enhancement existing. Experimental development includes creation of technological demonstration samples, that is the devices intended for demonstration of characteristics of the new concept or new technology in the conditions as close as possible to real or corresponding to expected scope;

14) the military equipment – the equipment, specially developed or adapted for the military purposes and held for use as weapon, ammunition or military property;

15) the equipment, works and services having special value for safety – the equipment, works and services, held for use for the purpose of safety which are connected with the classified information require its use and/or contain such information;

16) the contractor, the supplier of goods and the service provider – any physical person or legal entity or any public subject or group of such persons and/or the organizations offering performance of works, delivery of goods or rendering services in the market;

17) the classified information – any data or materials irrespective of their form, nature or method of transfer to which certain level of privacy or protection for the purpose of safety is appropriated and which for the benefit of homeland security and according to the legislation require protection against any illegal obtaining, destruction, plunder, disclosure, loss, unauthorized access or any other kind of damage;

18) the affiliated company – any company on which activities the selected offerer directly or indirectly exerts decisive impact, or the company which exerts decisive impact on the selected offerer, or the company which, as well as the selected offerer, is under decisive influence of other company owing to the relations of property, financial participation or application of the regulations regulating its activities. The company is considered exerting decisive impact on other company in any of the following cases when it directly or indirectly:

a) owns the majority of the subscribed capital of the company;

b) has by a majority vote, provided by the shares issued by the company;

c) can appoint more than a half of members of the administrative, leading or supervisory authority of the company;

19) technical guidance – the document developed by the European bodies for standardization, except for official standards according to the procedure considering change of market requirements;

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

21) the European standard – the standard accepted by the European body for standardization and provided to the public;

22) the international standard – the standard accepted by the international body on standardization and provided to the public;

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

24) the defense standard – the technical specification which observance is not obligatory and which affirms the body for standardization specializing in development of the technical specifications intended for repeated or permanent application in the field of defense;

25) the agreement of sub contracting – the paid agreement signed in writing between the offerer selected for the purchase agreement 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.

(2) Other concepts and determinations used in this law are applied in the value provided by the Law on public procurements No. 325/2025 and the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020.

Article 3. The mixed purchases

(1) Provisions of this Article are applied to agreements on the mixed purchases which subject are the purchases regulated by this law and also the purchases regulated by the Law on public procurements No. 325/2025, by the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020 or other regulations. If different parts of the agreement can be objectively divided, the buying body/subject has the right to choose between award of separate contracts for separate parts or award of the single agreement.

(2) If the buying body/subject chooses award of separate contracts for separate parts, the decision on the legal regime applicable to each of such separate agreements is accepted depending on characteristics of each considered part.

(3) If the buying body/subject chooses award of the single agreement which different parts can be objectively divided, the following rules are applied:

a) if one part of the agreement falls under operation of this law, and other its part falls under operation of the Law on public procurements No. 325/2025 or on circumstances of the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020, the agreement is awarded according to the provisions applicable to the main subject of the agreement;

b) if one part of the agreement falls under operation of this law, and other its part does not fall under operation of this law, Law on public procurements No. 325/2025 or the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020, the applicable legal regime is set depending on the main subject of the agreement and regulations, applicable to it.

(4) in case of impossibility of objective separation of separate parts of the agreement the applicable legal regime is defined proceeding from the main subject of the agreement.

(5) the Decision on award of the single agreement or on award of several separate agreements cannot be accepted for the purpose of removal corresponding the agreement or agreements from under action of provisions of this law or on circumstances of the Law on public procurements No. 325/2025 or the Law on purchases in sectors of power, water resources, transport and post services No. 74/2020.

Article 4. The principles applicable to purchases in the field of defense and homeland security

The principles which are the cornerstone of award of purchase agreements in the field of defense and homeland security are:

a) equal relation and lack of discrimination;

b) transparency;

c) proportionality;

d) efficiency of use of public means;

e) responsibility.

Chapter II. The general regulations concerning purchase agreements in the field of defense and the Homeland security

Part 1. Rules of participation in the procedure of award

Article 5. Rules of participation of economic operators in the procedure of award

(1) the Offerer/candidate who according to the legislation of the state in which he is registered has the right to perform certain activities cannot be excluded from the procedure of award only on the ground that according to the legislation of the Republic of Moldova this type of activity can be performed only by legal entities or only physical persons.

(2) For purchase agreements of the works, goods or services including in addition services and/or works on placement and installation, the buying body/subject has the right to oblige legal entities to specify names and necessary professional qualifications of persons responsible for execution of the relevant agreement in applications for participation or offers.

(3) Economic operators have the right to unite for the purpose of submission of the offers and/or to act as the associated offerers. The buying body/subject has no right to demand from the economic operators participating jointly in the procedure of award, receipt of certain form of business for submission of the offer or the application for participation.

(4) the Buying body/subject can demand from merging of economic operators of receipt of certain form of business in that measure in what such transformation is necessary for proper execution of the purchase agreement, and only after award of the relevant agreement.

Article 6. Obligations of the buying bodies/subjects concerning confidentiality

Without prejudice to provisions of this law, in particular the provisions concerning obligations on ensuring publicity concerning the awarded purchase agreements and informing candidates and offerers, the buying body/subject provides integrity of the information provided by the economic operator and designated by it as confidential, in that measure in what disclosure of such information objectively could cause damage to legitimate interests of the economic operator, in particular concerning technical or trade secret, confidential aspects of offers and intellectual property items.

Article 7. Protection of the classified information

(1) the Buying bodies/subjects have the right to establish for economic operators according to this law of the requirement for ensuring protection of the classified information provided during the procedure of award and throughout all term of a contract about purchase.

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