The Parliament adopts this organic law.
Art. I.-In the annex. 3 the law nr. 355-XVI dated 23 December 2005 concerning salary system in budgetary sector (Official Gazette of the Republic of Moldova, 2006, nr. 35-38, article 148), with subsequent amendments, the competition Council after "compartment" insert "National Agency Appeals" with the following content: "National Agency Appeals









General manager





9585









Deputy Director general





8775









Counsel for appeals





8100 "











Art. II.-the annex to law No. 199 from July 16, 2010 on the status of persons with dignity (Official Gazette of the Republic of Moldova, 2010, nr. 194-196, article 637), with subsequent amendments, after the position of "Director, Deputy director of the national regulatory agency for electronic communications and information technology" insert position of "Director general, Deputy director general, Adviser for the Agency's National appeals for Appeals".
Art. III.-In the annex. 2. in law No. 48 of 22 March 2012 on salary system of civil servants (Official Gazette of the Republic of Moldova, 2012, no. 63, art. 213), with subsequent amendments, after the words "the Court of Auditors, the competition Council" insert text ", the National Agency for the resolution of Complaints".
Art. IV.-Law nr. 131 of 3 July 2015 public procurement (Official Gazette of the Republic of Moldova, 2015, nr. 197-205, section 402), with subsequent amendments, shall be read as follows: 1. In the text of the law, the phrase "agency review procedures" at any grammar, replace "national agency" appeals to the corresponding form grammar.
2. In article 1: the term ' Procurement Agency, "after the word" control "insert text" ex-post ";
the notions "agency review procedures" and "public works" shall read as follows: "National Agency for Appeals-autonomous public authority which settles the objections formulated in the framework of public procurement procedures;"
"contract of public works contracts-procurement contract having as their object either the execution, either both the design and execution, of works related activities listed in the annex. 11 or a building, or the realisation, by whatever means, of a building that meets the needs specified by the contracting authority; ".
3. In article 4 (1), subparagraph (k)) is hereby repealed.
4. In article 8 (1), after the word "control" insert text "ex-post".
5. Article 9: paragraph b), the words ', evaluates and controls "shall be replaced with the words" and evaluate ";
the letters e and g)) shall be repealed;


the letter h), the words "or cancel as appropriate" shall be excluded.
6. Article 38: in paragraph 2, the words "compliance with the legislation on public procurement award documentation" shall be replaced with the words "invitation";
paragraphs (3) and (4) shall be repealed.
7. In article 45, paragraphs 1 to 4 shall read as follows: "(1) an invitation to tender Procedure open to all economic operators, includes offerings that wish to participate in the auction. The contracting authority shall publish a notice of invitation to tender opened for informing potential participants, so that they can prepare their tenders. The notice of invitation to tender opened in accordance with article is published. 28 para. (1) and (2) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) notice will be published in the official journal of the European Union.
(3) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is less than the thresholds laid down in article 21. 2 (2). (3) the period between the date of publication of the contract notice in Bulletin of public procurement and the deadline for submission of tenders shall not be less than 20 days.
(4) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) the period between the date of publication in the Bulletin of public procurement, as well as from the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union, and the deadline for submission of tenders shall not be less than 52 days. "
8. In article 49, paragraphs 1 to 4 shall read as follows: "(1) the auction shall be conducted according to specific rules laid down for the open tender, provided that the application of a procedure for screening preceded by publication of a notice of invitation to screening. Tender procedure shall be conducted in terms of two stages: a) check of the candidates stage, applying the criteria of qualification and selection in accordance with the provisions of art. 16-25;
b assessment) stage of the tenders submitted by the selected candidates by applying the criterion of the award.
Restricted tender is initiated through the publication of a contract notice, in accordance with article 5. 28 para. (1), requiring economic operators interested in applications.
(2) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) notice will be published in the official journal of the European Union.
(3) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is less than the thresholds laid down in article 21. 2 (2). (3) the period between the date of publication of the contract notice in Bulletin of public procurement and the deadline for the submission of applications should be at least 20 days.
(4) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) the period between the date of publication of the contract notice in Bulletin of public procurement, as well as from the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union, and the deadline for submission of candidatures shall be not less than 37 days. "
9. In article 50, paragraph 6, the words "record results" shall be replaced with the word "completion".
10. In article 52, paragraphs (5) to (8) shall read as follows: "(5) the competitive dialogue procedure is initiated by the publication of a contract notice in the Bulletin of public procurement in accordance with article 5. 28 para. (1), requiring economic operators interested in applications.
(6) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) notice will be published in the official journal of the European Union.
(7) the period between the date of publication in the Bulletin of public procurement, as well as, where appropriate, the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union, and the deadline for submission of candidatures shall be at least: a) 20 days in the case of public procurement where the value of the contract to be awarded, as expected. 3, is less than the thresholds laid down in article 21. 2 (2). (3);
b) 37 days, in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). 3. (8) if the notice was sent for publication in the official journal of the European Union in an electronic format, the period referred to in paragraph 1. (7) (a). b) may be reduced by seven days. "
11. In article 53, paragraphs (4) to (8) shall read as follows: "(4) Negotiation, with prior publication of a contract notice, it initiates the publication of a contract notice, in accordance with article 5. 28 para. (1), requiring economic operators interested in applications.
(5) in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). (3) notice will be published in the official journal of the European Union.

(6) the period between the date of publication in the Bulletin of public procurement, as well as, where appropriate, the date of transmission of the notice of invitation to tender for publication in the official journal of the European Union, and the deadline for submission of candidatures shall be at least: a) 20 days in the case of public procurement where the value of the contract to be awarded, as expected. 3, is less than the thresholds laid down in article 21. 2 (2). (3);
b) 37 days, in the case of public procurement where the value of the contract to be awarded, as expected. 3, is equal to or greater than the thresholds laid down in article 21. 2 (2). 3. (7) where, for reasons of urgency, the number of days referred to in paragraph 1. (6) cannot be complied with, the contracting authority has the right to reduce this period, but not less than 15 days.
(8) if the notice was sent for publication in the official journal of the European Union in an electronic format, the period referred to in paragraph 1. (6) (a). b) may be reduced by seven days, and that provided for in paragraph 1. (7)-with 5 days. "
12. In article 54 paragraph 1 letter c), the words "or a single economic operator has priority rights over their" are excluded.
13. Article 67: under paragraph (1): in the introductory part, the words "on its own initiative, and at the request of the public procurement Agency, the following control-" shall be replaced with the words "on its own initiative,";
     subparagraph (c)) shall read as follows: "(c)) in the case of public procurement, the total value of each tender shall be:-with at least 15% than the estimated value of the work, calculated in accordance with the provisions of the legislation;
-less with at least 15% than the estimated value of the work, calculated in accordance with the provisions of the legislation, provided that the tenderers have not been able to present relevant evidence in accordance with art. 66 para. (4) and (5); "in paragraph (2), the words" Public Agency "shall be replaced with the phrase" National Agency for Appeals ".
14. Article 70: (8) and (9) shall be repealed;
in paragraph 10, the words "recorded under paragraph 1. (8) "is excluded;
in paragraph 11, the words "paragraphs 1 and 2. (8) "is excluded.
15. Article 73: (2) shall read as follows: "(2) the minutes concerning the public procurement procedure is a public document. Access of persons to this information may be limited in accordance with the provisions of law No. 171-XIII of 6 July 1994 concerning trade secrets or of law No. 245-XVI dated November 27, 2008 concerning the State secret, only to the extent that such information, including, in particular, technical or trade secrets times contain confidential aspects of tenders. "in paragraph (3) are repealed.
16. Article 75 shall read as follows: "Article 75. The Organization and functioning of the National Agency for Appeals (1) National Agency for Appeals is an independent autonomous public authority and other public authorities, against natural and legal persons, examining appeals brought under public procurement procedures.
(2) National Agency for Appeals is a legal person governed by public law, financed from the State budget within the limits of budgetary allocations approved by the annual budgetary law, and stamp with the image of the coat of arms of the Republic of Moldova.
(3) National Agency for Appeals has organizational independence, functional, operational and financial. Its budget should be prepared, approved and administered according to the principles, rules and procedures established by the law on public finance and budgetary-fiscal responsibility nr. 181 of 25 July 2014.
(4) the National Agency Appeals presenting Parliament before March 15 of each year, an annual report, which includes data and analyses on cases of complaints.
(5) at the request of Parliament, the National Agency shall submit reports to the appeals for a period shorter than one year. The National Agency may submit Appeals to the Parliament and other reports considered necessary.
(6) the report referred to in paragraph 1. (4) shall be published on the website of the National Agency for Appeals within seven days from the date of its presentation to the Parliament.
(7) National Agency for Appeals is independent and cannot be subordinated to any other authorities or public institutions, having the obligation to defend the rights and legitimate interests of all parties involved in the complaints sent to the settlement without any privilegiere or discrimination. National Agency for decisions Appeals may be appealed in court.
(8) National Agency for Appeals is apolitical, I do not support and do not assist any political party.
(9) the regulation on the organisation and functioning of the Agency, structure and maximum staff of its decision is approved by Parliament. "
17. The Act is supplemented by article 751 with the following contents: 751 "Article. National Agency for staff Appeals (1) National Agency for Appeals has in his seven advisers to resolve complaints (as advisors), including the Director-general and Deputy Director-general, who have the status of public dignity functions.
(2) the Councillors are appointed by the Parliament by a majority of deputies present, on a proposal from the Commission for economy, budget and Finance of the Parliament.
(3) the selection of Councillors is based on professional skills, as a result of an open competition, impartial and transparent, organized by the Commission for economy, budget and finance.
(4) at least half of the Councillors must hold Bachelor's degree studies in law.
(5) is entitled to claim for the position of Councillor for the person who appeals meets the following requirements: (a) (b) cumulatively) holds Moldovan citizenship;
b) has the ability to fully exercise;
c) holds post-graduate diploma;
d) has a seniority of at least 10 years in the legal, economic or technical, as well as an experience of at least 3 years in the field of public procurement;
e) speaks the State language;
f is not privately owned) by final court decision, the right to occupy certain positions or to exercise a certain activity;
g) is not a member of a political party.
(6) the hearing is not entitled to: (a) carry on business commercial) directly or through intermediaries;
b) is a shareholder and member of the leadership, the times of the administrative organ or body control in companies, including banks and other credit institutions, insurance institutions, the financial companies in State enterprises or in public limited companies with state capital;
c) hold any other remunerated public or private, with the exception of those pertaining to the teaching activity, scientific research or literary and artistic creation;
d any other) exercise of professional activities.
(7) the hearing cannot participate in the settlement of a dispute in the event of any potential conflict of interest.
(8) the hearing is not entitled to participate in the dispute settlement procedure of appeal if they are in one of the following situations, which is why the decision issued will be struck by absolute nullity: a) is the spouse, relative or Bilberry up to the second degree inclusive with either party times her husband, relative or Blueberry Bush up to the second degree inclusive officer has an interest in the settlement of the claim;
b) there has been a report of business or work between the Adviser and one of the parties in precedenții two years after the settlement of the claim;
c) made public statements which relate to the opposition which is handled;
d) received or were promised goods or benefits of any kind by one of the parties.
(9) the hearing shall be obliged: a) to carry out their duties with objectivity, while respecting the principles of legality, independence, impartiality, equal treatment, non-discrimination in respect to all economic operators and to the contracting authorities;
b) to express a vote "for" or "against", abstaining from vote being excluded, unless it is in a conflict of interest that has been declared;
c) to communicate in writing to the Chairman of the Panel review procedures of any situation which could attract the incompatibility with the mandate that you exercise;
d) to submit, in accordance with the law, Declaration of wealth and personal interests.
(10) the term of Office shall be terminated in the case of the hearing: a) resignation;
b) revocation;
c) expiry;
d) achievement of retirement age;
e) death.
(11) the Parliament may revoke an adviser if: a) the requirements of paragraphs 1 and 2 neîntrunirii. (5);
(b) final sentence) coming into legal force of conviction;

c) infringement of the obligations referred to in paragraph 1. (6) to (9);
d) inability for health reasons, the findings by medical examination, to exercise the powers of more than 4 consecutive months;
e) Declaration of disappearance without a trace, according to the law.
(12) the Director general of National Agency for Appeals is obliged to send Parliament's proposal regarding the termination or, where applicable, concerning the revocation of the mandate of the Advisor, including Deputy director general, immediately after learning of the existence of a situation referred to in paragraph 1. (10) and (11).
(13) where the term of Office of a Councillor expires, it remains in Office until his successor has been appointed, but no more than 6 months after the expiry date.
(14) terminated the hearing for the settlement of complaints is approved by Parliament.
     (15) the proposal for the revocation of the mandate of the Director-general may be sent to the Parliament by a group of at least three advisors where lies about the existence of a situation referred to in paragraph 1. (11). "
18. In article 76, paragraph (1) shall read as follows: "(1) any person who has or had an interest in obtaining a contract tendering and considers that in the framework of public procurement procedures of the contracting authority act has hurt his right recognized by law, following which has incurred or may incur damage , has the right to challenge the act as established by the present law. "
19. Article 79 shall be supplemented by: (41)-(46) with the following contents: "(41) Advisers operate in complete consisting of three members. The President of each complete must have master degree in law.
(42) the right Composition, including Presidents, are approved by the Director general of the Agency for a specified period. It is composed of the same panel, including the President, can be kept for no more than two consecutive periods.
(43) the right Meetings are led by their Chairmen, and recorded in the minutes, signed by all members.
(44) the right to deliberative Sessions with the presence of all members.
(45) Decisions are taken within the framework of the right to vote of the majority of members. Members who voted against separate opinion may be recorded in the minutes of the meeting in question. No one has the right to influence decisions or to interfere with the right decisions to resolve complaints, each with his or her Advisor at the intimate conviction or adjusting from legal provisions.
(46) the work of the secretariat of the right are provided by the Division responsible in accordance with the rules of procedure of the National Agency for Appeals. "in paragraph 5, the words" the parties may be convened in open session if this is considered necessary by the National Agency for Appeals. "is excluded;
article is completed (61) with the following contents: "(61) National Agency appeals will hold open meetings for the examination of complaints and will ensure the publication on the website of the information regarding the date and venue of meetings with 3 working days before the date on which they will take place." in paragraph 11, the words "and where it is concluded Public procurement agency will not record the contract in question "is excluded.
20. Article 80: at paragraph 6, the words "and registered" is excluded;
paragraph 9 shall read as follows: "(9) the decision of the National Agency for Appeals, including the rationale for the decision will be communicated to the parties in writing, within 3 days after its commencement. The decision shall be published on the website of the National Agency for Appeals at the same time. "
21. In article 83, paragraph 2 shall read as follows: "(2) the provisions referred to in article 1. "". (2) to (4), art. 27(2). (2), art. 28 para. (2), art. 29 para. (3), art. 45 para. (2), art. 49 para. (2), art. 52 para. (6), art. 53 para. (5), art. 56 para. (7) will enter into force on 1 January 2019. "
22. the law is supplemented by the annex. 11 with the following contents: Annex No. 11 Art. V.-(1) the provisions of points 5, 6, 9, 13, 14, 16, 17, 19 and 20 of article. IV will enter into force on January 1, 2017.
(2) the Government shall: (a) financing) will open the National Agency for the resolution of Complaints;
b) will ensure the national agency to resolve Complaints with headquarters.

PARLIAMENT SPEAKER Adrian CANDU