Moldova’s Procurement in the Defense and National Security Sectors Will Be Governed by a Specific Law

The Ministry of Finance and the Ministry of Defense have drafted a bill that will regulate the awarding of contracts for works, the supply of goods and the provision of services in the field of defense and national security. The initiative aims to address the existing legislative vacuum. Under current legislation, procurement for military purposes is only possible under the exceptions provided for in the general legislation on public procurement, reports logos-press.md. The draft’s authors emphasize that the defense procurement market has its own specific characteristics. It is characterized by a limited number of suppliers at international level, strict restrictions on the export of equipment and stringent requirements for the protection of classified information. For this reason, the general procedures applicable to civilian procurement do not meet the specific needs of this sector. Key innovations include the introduction of special procedures for awarding contracts in the defense and security sectors, the establishment of clear value thresholds, the regulation of reserved contracts and exemptions, and the creation of specific procurement instruments in line with European Union standards. The draft law stipulates that the new rules will apply to the procurement of military equipment and “sensitive” goods, including spare parts and components, as well as to related works and services throughout their entire life cycle. In addition, the law will apply to works and services intended exclusively for military purposes or of a confidential nature. The new rules will apply to contracts with an estimated value of at least 8.776 million lei for goods and services and 109.597 million lei for construction works. Contracts for smaller amounts will be awarded on the basis of special procedures to be approved by the government. The draft law also stipulates that the government will submit an annual statistical report to parliament, by 31 October each year, on contracts for works, goods and services concluded under the new law during the previous year. The document will be considered by the government and then adopted by parliament.