International commitments, primary legal framework, but also the normative-secondary one in the field of public procurement was analyzed in three studies through the prism of sustainability concept. The documents were presented to the public on Thursday, December 17. The conference was attended by academics, authority representatives, researchers, experts, and civil society organizations.

The first stage of the project "Consolidation of Sustainable Public Procurement in the Republic of Moldova" designed by IDIS experts: Carolina Ungureanu, Viorel Pirvan, Vadim Turcan, and Diana Enachi, consisted in analysis of the legal framework provisions and of the commitments assumed by the Republic of Moldova regarding the international agreements. The project is funded from de state budget within the State Program (2020-2023) Nr. 81-PS from 03.01.2020, implemented by the Faculty of Economics of the Moldova State University, in partnership with IDIS "Viitorul".

Carolina Ungureanu, deputy director of IDIS ”Viitorul”, scientific researcher of the project, says that the study ”Mapping the commitments assumed by the Republic of Moldova in the international agreements on sustainable public procurement” promotes sustainable public procurement, which has a longer lifespan, and which don’t have a negative impact on the environment, on people, and communities. According to the researcher, the concept of sustainable public procurement is newer and less used in the Republic of Moldova, hence the main purpose is to promote sustainable public procurement.

According to Vadim Turcan, scientific researcher of the project, the regulatory framework contains a number of provisions on public procurement, but we are still at the beginning. He said, ”We should work harder on implementation. If we look forward at the assumed normative framework and the commitments, the law enables us to use different criteria, explains how to use it, and provides recommendation regarding the usage. By the way, we do a paramount work to break the ice and go to the next level”.

Diana Enachi, scientific researcher of the project, economist IDIS ”Viitorul”, one of the authors of the study ”The concept of sustainability in public procurement law: regulation versus enforcement” said that in the period 2018-2020, the Republic of Moldova implemented a Program to promote green energy that had as a goal to match the criteria of sustainable public procurement for at least 15% until 2020. ”As a result of the analysis of the primary legal framework, we find out that the Law 131/2015 allows authorities to include sustainability issues in the award documentation, to apply criteria which have on-base profitability considerations and factors as well as life-cycle costing. However, in practice, orientation towards sustainable public procurement is extremely low, and contracting authorities don’t pay attention to these issues”, said Diana Enachi.

Also, Viorel Pirvan, scientific researcher of the project, one of the authors of the study ”Sustainability and environmental protection. Components of the secondary regulatory framework in public procurement” affirmed that current normative framework is more about environmental protection and less about sustainability. Unfortunately, this criteria is missed from a range of important regulations. Actually, there are just some general ideas towards sustainability, but more concrete rules regarding these sustainability components could be found in Public Procurement Regulation on things, approved in 2016, and in the Regulation on procurement in state-owned enterprises.

Maria Cojocaru, associate professor at MSU, scientific researcher of the project, mentioned that reading these studies reached the conclusion that change should begin with each of us. According to the researcher, everyone should promote these practices. ”At the university was discussed to take into consideration the new sustainability criteria and we are thinking about its implementation with the public procurement department”, said Maria Cojocaru.

Regarding ”the law allowed, recommend”, Natalia Postolache, from Public Services Agency, said that ”once something is not imposed, only allowed this thing is not going to be execute”. ”We can include many provisions in the legislation, but if we will not impose a share of sustainable procurement, required, they will not work”, said Natalia Postolache.

Olga Pisarenco, head of the procurement department at the National Bank, mentioned that since she works at National Bank she is thinking of green procurement, who can be realized at the lowest price and also the National Bank requires ecolabel certificates where is possible. ”It is very important what we have on the market. We need economic operators to ensure competition, including the ecological side. The state cannot impose green procurement as a mandatory requirement as long as we don’t have economic operators on the market”, said Olga Pisarenco.

The project "Consolidation of sustainable public procurement in the Republic of Moldova" follows to strengthen the sustainability component of public procurement in the Republic of Moldova through theoretical-methodological and applied research, but also by analyzing European good practices in sustainable public procurement. Through knowledge transfer and raising society's awareness regarding sustainable public procurement role, by organizing meetings, workshops, discussions club, scientific-practical symposia, etc. the project will be implemented in four stages where will participate professors from the Faculty of Economics of the Moldova University State and experts from IDIS "Viitorul".

Representatives of civil society and journalists from the Republic of Moldova will monitor the procurement process in our country and will provide recommendations for improving communication with the authorities and strengthening the integrity of public procurement. This will become possible thanks to a new project implemented by the Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with the Partnership for Transparency Fund (PTF) from the USA.

The project "Increasing the integrity in public procurement" will be implemented by February 2023 and aims to support public procurement reforms. This will be achieved through a comprehensive training program for civil society organizations and journalists on public procurement monitoring. Also, the selected organizations and journalists will receive support and expertise in the procurement monitoring process, both nationally and locally. To monitor public procurement, participants will receive sub-grants from IDIS "Viitorul". Thus, at least 15 Moldovan organizations (NGOs and journalists) will be trained to identify and document abuses and irregularities in procurement procedures conducted by contracting authorities in key sectors, but also to report them to control and law enforcement institutions.

At the same time, the recommendations made by the representatives of the civil society after the procurement monitoring process will be sent to the responsible entities and the decision-makers in order to examine and undertake actions to improve the situation, thus making the involved authorities more accountable. The result would be a more efficient use of public money and a better provision of goods, works and services to the citizens of the Republic of Moldova.

In the past years, the national public procurement system has been in the process of reform and transformation, both at the level of legislation and at the level of process. However, public procurement is still a vulnerable area to the risks of fraud and corruption, which is relevant in both civil society reports, the investigative press and the authorities' reports. As a result, the role of civil society watchdog is becoming increasingly relevant through its contribution to increasing transparency, strengthening integrity and reporting abuses and illegalities. Therefore, it is essential to develop the capacity of civil society organizations, providing them with the knowledge and skills to professionally and responsibly monitor public procurement at all stages.

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The project “Increasing the integrity in public procurement” is implemented by Institute for Development and Social Initiatives (IDIS) "Viitorul", in partnership with Partnership for Transparency Fund (USA). It aims to support the procurement reforms in Moldova that will increase transparency and fairness of public procurement through empowering citizens to hold relevant institutions accountable.

IDIS „Viitorul” is an independent think tank, founded in 1993 that combines social, political and economic research with solid advocacy components. The institution conducts applied monitoring research in several areas: economy, social policy, EU policies, regional development, but also security and foreign policy risks.

Based in Washington, DC, Partnership for Transparency Fund's (PTF) mission is to advance innovative civil society-led approaches to improve governance, increase transparency, promote the rule of law and reduce corruption in developing and emerging countries.

Civil society expresses its deep concern about the fact that the Center for Centralized Public Procurement in Healthcare (CAPCS) has decided to receive offers for tenders by e-mail. This applies to procurements in the field of health care, which have nothing to do with the fight against COVID-19. Prior to this, offers were accepted in sealed envelopes. The corresponding letter number Rg02-1416, April 7, 2020, was sent to suppliers by acting CAPCS Director Alina Russu.

Even though the submission of offers in envelopes has a high level of corruption risks and is clearly a relic of the Stone Age, this procedure still contained at least some minimal guarantees of transparency and impartiality: suppliers could attend the opening of envelopes and, thus, minimize the control of the procurement process.

When submitting offers by e-mail, the minimum guarantees of transparency of procurements and impartiality to suppliers are actually compromised. Email submissions actually blindfold the public, taking medical purchases into the shadows. As a result, the risks of inefficient use of public funds and deterioration of the protection of public health are increased: for more money - less supplies and medical equipment can be purchased. This is unacceptable in a modern democratic society, and particularly in a state of emergency caused by the spread of COVID-19.

Given the increased risk of corruption in the Republic of Moldova, [1] e-mail offers are easy to manipulate and abuse:

• the e-mail is easy to delete or it can get “accidentally” in the spam folder;
• important information from the offers can be reported to competitors;
• one can advise “privileged” suppliers to make changes and invisibly send an offer with updated data, etc.

We are concerned that for more than a year now no decisions have been made to finalize the functionality of the electronic procurement system (today it is SIA RSAP MTender) for medical purchases. In this regard, in the current emergency situation, CAPCS does not use this transparent system.

In connection with the foregoing, we urge that:
 • CAPCS immediately refuses to the practice of accepting offers by e-mail; 
•  The Government and the Commission for Emergency Situations ensure a transparent use of public funds in the field of medical procurement, particularly by:
1. Publishing detailed lists, specifications, the number of planned purchases and concluded contracts for the purchase of medicines, medical devices and medical equipment, specifying specifications, quantities and prices, data on supplies;
2. Obliging the Ministry of Finance to urgently finalize the necessary functionality of the electronic procurement system (currently SIA RSAP MTender) for medical purchases.

The entire call can be read here: Open call of civil society organisations to the authorities on critical deterioration of transparency in public procurement by the Center for Centralized Public Procurement in Health care