Moldova

Issue: Fragmentation and lack of harmonization with EU procurement rules

Moldova’s procurement laws include the PPL, utilities law, public-private partnership (PPP) law, and state-owned enterprise (SOE) procurement rules, but these are not fully harmonized, leading to legal inconsistencies and inefficiencies.

Recommendations:

• Align the PPL, utilities law, and PPP law with EU procurement directives.
• Update and harmonize secondary legislation, procurement guidelines, and standard documents.
• Ensure that all public procurement contracts, regardless of funding source, follow the same legal principles​.

Issue: Weak institutional capacity and unclear roles of procurement bodies

The Public Procurement Agency (PPA) and the National Agency for Solving Complaints (NASC) have overlapping mandates and resource constraints, limiting effective oversight.

Recommendations:

• Clearly define roles and responsibilities of procurement regulatory institutions.
• Provide additional technical and financial resources to improve oversight and regulatory enforcement.
• Implement a certification program for procurement officials to strengthen professionalism and competency​.

Issue: E-procurement system (MTender) is incomplete and inefficient

The MTender platform was introduced to digitize procurement processes, but it does not cover the entire procurement cycle, is difficult to navigate, and lacks functionalities such as framework agreements and contract management.

Recommendations:

• Develop a new, fully integrated e-procurement system compliant with Moldova’s procurement laws.
• Improve the user-friendliness of the system to facilitate broader adoption.
• Ensure full digital integration of procurement planning, contract award, and post-award contract management​.

Issue: Weak procurement planning and market engagement

Contracting authorities lack the necessary skills and data to conduct effective procurement planning and market research, leading to inefficiencies and limited supplier participation.

Recommendations:

• Strengthen procurement planning mechanisms, including market research requirements before tendering.
• Provide training and guidance to contracting authorities on value-for-money procurement approaches.
• Analyze the Moldovan supply market and develop policies to enhance competition and supplier participation​.

Issue: Barriers to competition and low private sector engagement

Many businesses, especially SMEs, are discouraged from participating in public procurement due to complex eligibility requirements and perceived risks of unfair competition.

Recommendations:

• Simplify supplier registration and bidding requirements.
• Encourage SME participation by adopting more flexible procurement methods.
• Organize regular consultations with the private sector to identify and address competition barriers​.

Issue: Limited transparency and public access to procurement data

While Moldova has legal provisions for procurement transparency, the availability and accessibility of procurement data remain limited, reducing public oversight.

Recommendations:

• Establish a centralized procurement database with open-access to procurement data.
• Publish comprehensive procurement reports to enhance accountability.
• Strengthen civil society engagement in monitoring procurement processes​.

Issue: Weak enforcement of integrity and anti-corruption measures

Corruption risks remain a major concern in Moldova’s procurement system due to weak enforcement mechanisms and lack of structured oversight.

Recommendations:

• Implement stricter integrity and conflict-of-interest regulations for procurement officials.
• Strengthen audit mechanisms to detect and prevent procurement fraud.
• Institutionalize regular consultations between policy, audit, and oversight bodies to ensure consistent interpretation of procurement laws​.