PPT-MOLDOVA-2-Third-SIGMA-ENP-East-public-procurement-conference-November-2019

1. Tbilisi
6-7 November 2019
National Complaint Settlement
Agency
Republic of Moldova

2. National Complaint Settlement Agency
Status, competences:
• National Complaint Settlement Agency is an specialized administrative authority,
which settles the complaints lodged under the public procurement contract
procedures.
• National Complaint Settlement Agency has organizational, functional, operational
and financial independence.

3. Competences
• 2014/24/UE - 2014/66/UE Directive - „classic”
• 2014/23/UE Directive – concessions
Follow:
2014/25/UE Directive - „utilities”
Transposed into national legislation by
Law on public procurement 131/15
Law on works and services concessions 121/18
11/13/2019 3

4. National Complaint Settlement Agency (NCSA)
Staff of the Agency
• The counselors for solving complaints – have the status of persons with functions of public
dignity.
• Staff - public servants subject to regulations of the Law nr. 158-XVI of 4 July 2008 on public
service and the status of public servants activate as well as contractual staff that perform
auxiliary activities, subjected to the regulations of labour legislation.

5. Right to appeal
• Any person who considers that, in the course of the procurement
procedures, the contracting authority, through a deed, affected one of its
rights recognized under the law, following which it suffered or might
suffer prejudices, has the right to appeal on the respective deed in the
manner provided by the law.
• A deed of the contracting authority means any administrative deed, any
other action or lack of action, which causes or might cause legal effects in
connection with the public procurement procedure.

6. Deadlines for appeals
The injured business operator may notify National Complaint Settlement
Agency in view of cancelling the deed and/or recognizing the alleged
right or legitimate interest by submitting a complaint within:
a) 10 days, starting with the day following the acknowledgment,
subject to the conditions of this law, of a deed of the contracting
authority deemed illegal, in case the value of the contract to be
awarded, estimated pursuant to the provisions of Art. 3, is equal to or
higher than the value thresholds set out under Art. 2 para. (3);
b) 5 days, starting with the day following the acknowledgment, subject
to the conditions of this law, of a deed of the contracting authority
deemed illegal, in case the value of the contract to be awarded,
estimated pursuant to the provisions of Art. 3, is smaller than the
value thresholds set out under art. 2 para. (3);

7. Deadlines for appeals
• Filing of the complaint regarding deeds of the contracting authority which
are issued or take place before opening of the bids, is done meeting the
terms set out under art. 83 para. (1), however no later than the deadline
for submission of the bids set by the contracting authority with the
observance of provisions under Art. 35.
In case that the complaint is related to documents published in
electronic format, the acknowledgment date will be the publication date.

8. Form and content of the appeal
The complaint shall be submitted in a written form, in the state
language, signed, stamped (where applicable) and shall contain:
a) the name, domicile or residence of the challenging party or, in case
of legal entities, the full name of the business operator, the name
and first name of the representative thereof, a copy of the
document confirming the authorities, the registered office and the
contact data;
b) the name of the contracting authority, the registered office and
contact data;
c) the subject matter of the public procurement contract and the
award procedure applied;
d) the essence and grounds of the complaint, indicating the rights and
legitimate interests of the challenging party, which were breached
in the award procedures;
e) the list of documents attached to the complaint.

9. Official site of NCSA www.ansc.md

11. Complaint review procedure
• National Complaint Settlement Agency has the authority to
settle the complaints concerning the public procurement
procedure, pursuant to its own organization and operation
Regulation.

12. Complaint review procedure
• 7 Counselors working in 4 panels consisting of three
members.
• National Complaint Settlement Agency has the obligation to
settle the complaint on the merits, within 20 business days
since the receipt of the complaint, respectively within 10 days
in case an exception which prevents the analysis on the merits
of the complaint occurs.
• In justified cases, the complaint settlement term may be
extended by additional 10 days, but only once.

13. Solutions the National Complaint
Settlement Agency may pass
• In the process of reviewing the complaint, National
Complaint Settlement Agency:
a) upholds the complaint, in full or in part;
b) dismisses the complaint.
• Depending on the solution passed, National
Complaint Settlement Agency shall decide on the
continuation or cancellation of the public
procurement procedure.

14. Solutions the National Complaint
Settlement Agency may pass
• National Complaint Settlement Agency cannot
decide on the award of a contract to a certain
business operator.

15. Transparency
• The decision of National Complaint Settlement Agency will be
grounded and communicated to the parties in writing within 3
days since pronouncement. The decision is published on the
website of the National Complaint Settlement Agency within
the same term.
• The webpage of a NASC: www.ansc.md

16. Complaints Online submission

18. The decision of NASC
• The decision of the National Complaint Settlement Agency is
binding upon the parties. The public procurement contract
concluded in violation of the decision of the Agency shall be
absolutely void.
• The Decisions of the Complaint Settlement Agency regarding
the settlement of the complaint may be challenged in the
competent court of law.

20. Decisions challenged in the
court of law
2017
2018
2019
0
200
400
600
800
1000
Decisions
NCSA Appealed
Canceled by
the court
200
5
0
726
16
1
827
17
0
2017
2018
2019