ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 28, 2018 No. 183

About approval of project objectives of public and private partnership, the main requirements to the choice of the private partner, and also conditions of public and private partnership for construction of office housing to personnel of the Ministry of Defence and subjects to welfare appointment

Based on Items b) and e) Article 11 and Item b) article 25 of the Law No. 179-XVI of July 10, 2008 on public and private partnership (The official monitor of the Republic of Moldova, 2008, Art. No. 165-166, 605), with subsequent changes and amendments, DECIDES: the Government

1. Approve project objectives of public and private partnership, the main requirements to the choice of the private partner, and also condition of public and private partnership for construction of office housing and subjects to welfare appointment on the parcel of land of public property of the state, private sphere, by Ploshchad 0,9221 of hectare (cadastral number 0300207773), in mun. Belts, Ulitsa A. Lepushnyan, 10, being under authority of the Ministry of Defence (are applied).

2. Appoint the Ministry of Defence as the public body responsible for holding procedure of selection of the private partner, the conclusion of the contract with it and monitoring of implementation of the project of public and private partnership for construction of office housing and subjects to welfare appointment.

3. To the agency of the state services to make necessary changes to cadastral documentation, according to the address of the owner, according to provisions of this resolution.

4. To impose control over the implementation of this resolution on the Ministry of Defence.

Approved by the Order of the Government of the Republic of Moldova of February 28, 2018 No. 183

Project objectives of public and private partnership, the main requirements to the choice of the private partner, and also condition of public and private partnership for construction of office housing to personnel of the Ministry of Defence and social facilities on the parcel of land of public property of the state, private sphere, Ploshchad 0,9221 of hectare (cadastral number 0300207773), in mun. Belts, Ulitsa A. Lepushnyan, 10, being under authority of the Ministry of Defence

Section 1. Purposes of public and private partnership

1. Common goals of public and private partnership for construction of office housing and subjects to welfare appointment are:

1) construction and forming of fund of office housing by attraction of private investments;

2) providing worthy level of living to personnel of the Ministry of Defence according to Constitution provisions;

3) increase in appeal of military service under the contract in National army;

4) decrease in level of personnel turnover;

5) reduction of the budgeted expenses connected with implementation of policy of social protection of personnel of the Ministry of Defence;

6) problem resolution of providing Ministry of Defence with office housing of personnel.

2. The specific purpose of public and private partnership consists in construction and acquisition of fund of office housing in mun. Belts that assumes:

1) financing, design, construction and commissioning of office housing by financial means of the private partner;

2) financing, design and construction of facilities of welfare appointment by financial means of the private partner;

3) observance of the high quality standards in case of accomplishment of construction works;

4) receipt of office housing by the state partner of share as a result of partnership completion;

5) designing and construction of housing stock according to the regulations of living space on one person established in article 13 of the Law No. 75 of April 30, 2015 on housing.

Section 2. General requirements to application of the procedure of selection of the private partner

3. Selection of the private partner is performed by means of application of the procedure of competitive negotiations.

4. The state partner creates the Commission on selection of the private partner according to provisions of the Order of the Government No. 476 of July 4, 2012. "About approval of the Regulations on standard procedures and general terms of selection of the private partner".

5. The procedure of competitive negotiations is carried out in two steps.

1) At the first stage the following actions are performed:

a) the state partner directs for publication the information message about initiation of the procedure of competitive negotiations to which suggests the interested economic operators to provide offers;

b) on the basis of the standard prequalification documentation constituted by the state partner, the interested economic operators submit offers for the purpose of participation in the procedure of selection;

c) each economic operator submits the preliminary offer for the purpose of receipt of the invitation for participation in competitive negotiations with the state partner;

d) the economic operators who provided the offer receive the status of the offerer within the procedure of competitive negotiations. Upon completion of process of prequalification selection of offerers the Commission on selection of the private partner establishes skilled offerers and invites them to competitive negotiations.

2) At the second stage the following actions are taken:

a) the state partner states the made decision in the document which is referred to as "Final standard documentation", including the technical, legal and financial aspects established during negotiations with offerers and which conform to requirements of the state partner;

b) final standard documentation represents the consolidated form of all amendments and amendments entered in standard documentation by inclusion of the data obtained during negotiation with the offerers selected at the first stage;

c) final standard documentation affirms the Commission on selection of the private partner and is transferred it to offerers with whom negotiations, together with the invitation to submission of the final offer were held. The invitation to submission of the final offer is not sent the offerer who did not participate in competitive negotiations;

d) offers which move, constituted based on the requirements stated in final standard documentation for the purpose of the conclusion of the agreement on public and private partnership.

6. Any economic agent has the right to submit the offer on participation in the procedure of competitive negotiations.

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