Author: Olga Diaconu
The full original version can be accessed here
The use of the framework agreement procedure, although welcome in many cases, entails certain risks, potentially limiting competition. Public procurement legislation anticipates such cases and expressly prohibits the use of the framework agreement for the purpose of distorting competition. Another problem is the fact that the Mtender procurement system does not have the necessary technical functionalities for the conduct of framework agreements. Although the open tender for the award of the framework agreement appears in the Mtender system, the lack of technical functionalities prevent the subsequent contracts concluded on the basis of the respective agreements from being rendered publicly as well. The information on the subsequent contracts concluded might be found on the website of the Public Procurement Agency, but only if the contracting authority/entity reports these subsequent contracts. Therefore, the transparency of the subsequent contracts concluded on the basis of the framework agreements is quite low.
According to the report of the Public Procurement Agency regarding the activity in the field of public procurement carried out throughout 2022, as a result of the framework agreement procedures announced in previous years, 95 subsequent contracts and additional agreements were concluded in the amount of 131,712,045.78 lei.
From our observations, the framework agreement procedure was most often used by the following contracting authorities:
General Directorate of Communal Housing and Development(DGLCA);
Municipal Enterprise Regia “Exdrupo”;
Municipal enterprise Regia “Autosalubritate”;
JSC “Posta Moldovei.
Acest material este realizat în cadrul proiectului ”Banii Publici sunt și Banii Mei!”, implementat de Asociația pentru Guvernare Eficientă și Responsabilă AGER cu susținerea financiară din partea National Endowment for Democracy (NED).