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Moldova Republic of : The draft law on procurement in the utilities sector, approved by the Government

Publish Date : 30-Dec-2019

The Cabinet of Ministers adopted at the meeting the draft Law on procurement in the energy, water, transport and postal services sectors. Deputy Prime Minister Mr. Serghei Pusccu a mentioned that the main purpose of the draft law is to align the national regulatory framework with the acquis of the European Union, as well as the transposition of the basic elements of the European Union directive no. 2014/25 / EU of February 26, 2014: "The importance of the project is to regulate the procedures for the award of the procurement contracts, which will be applied by the entities that carry out relevant activities in the field of energy, water, transport and post office. The scope of this law does not include services of general interest without economic character .

The project aims to establish the particularities regarding the procurement procedures carried out by the specific sectoral entities. Thus, with regard to gases and thermal energy, the project will apply to the activities of making available or operating the networks intended for the provision of public services in the field of production, transport or distribution of gas or thermal energy; as well as the gas or thermal energy supply of the aforementioned networks.

As regards electricity, this will apply to the activities of making available or operating the networks intended to provide a public service in the field of electricity production, transport or distribution, such as the supply of electricity to these networks. At the same time, the draft law will apply to several activities in the water sector, such as making available or operating networks for the provision of a public service in connection with the production, transport or distribution of drinking water, but also supplying the respective drinking water networks.

The nominated project will also apply to activities related to making available or operating the networks intended to provide a public service in the field of rail transport, by automated systems, trolleybuses, buses or by cable. At the same time, the draft law will also apply to activities, which are related to the provision of postal services, but also to other services other than postal services, provided that the services in question are provided by an entity that also provides postal services.

At the same time, this project sets the thresholds for sectoral procurement contracts, as follows:
for product and service contracts, as well as for solutions contests - 800,000 lei;
for works contracts - 2 000 000 lei;
for the procurement contracts that have as object social services and other specific services - 1 000 000 lei.
Procurement contracts whose estimated value, without the value added tax, does not exceed the thresholds mentioned above, will be regulated by the Government.

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