ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 11, 2018 No. 690

About approval of the Regulations on tendering on assignment of the status of the large competent producer

Based on the subitem k) article 10 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources (The official monitor of the Republic of Moldova, 2016, Art. No. 69-77, 117), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on tendering on assignment of the status of the competent producer it (is applied).

2. To impose control over the implementation of this resolution on the Department of Energy.

Approved by the Order of the Government of the Republic of Moldova of July 11, 2018 No. 690

Regulations on tendering on assignment of the status of the large competent producer

Chapter I General provisions

Section 1 Purpose and scope of application

1. The purpose of the Regulations on tendering on assignment of the status of the large competent producer (further - the Provision) is establishment of objective, transparent and non-discriminatory procedures, conditions and criteria which shall be applied under the organization of the biddings in the context of implementation of the scheme of support on assignment of the status of the large competent producer by means of the biddings as to power plants of c by use of renewable energy resources (further - RES) with the installed capacity exceeding capacity limit and for power plants on production of electricity from the RES equipped with installations for storage of the electric power which exceed the same limit of capacity.

2. This Provision is applied under the organization and tendering on assignment of the status of the large competent producer (further – the biddings) in case of development of new capacities in production of electricity by way:

a) constructions of new power plants on production of electricity from RES;

b) ceased to be valid according to the Order of the Government of the Republic of Moldova of 01.10.2025 No. 648;

c) increases in capacity of the existing power plants on production of electricity from RES.

Section 2 of Determination

3. For the purposes of this provision the concepts determined in the Law No. 10/2016 on promotion of energy use from renewable sources and in the Law No. 164/2025 on the electric power and also the following concepts are used:

variations of material nature - variation, others than the variations of intangible nature relating to key characteristics of the project or other fundamental parameters of the offer which influence nature of the offer or change its essential characteristics, doing it thus non-compliant to the requirements of this provision or documentation on the biddings. Variations of material nature include, without being limited to them, any shortcomings or lack of documentation necessary for establishment of competence of the investor or qualification criterions, lack of the legal proofs provided in Item 62;

variations of intangible nature – the variations relating to departures which do not change nature of the offer or do not give it material novelty for the purposes of this provision. As variations of intangible nature are considered, without being limited to them: the editorial, mechanical or calculating errors, missing documents, proofs of compliance and other variations of similar nature which are not influencing the price requested by the investor specified in the financial offer and also any other variations except for relating to key characteristics of the project;

the request – the document developed on the basis of this provision and documentation on the biddings, submitted the investor at admissibility analysis stage;

the inappropriate request and/or the inappropriate offer – the request and/or the offer which / which does not answer conditions and/or does not conform to the requirements established in documentation on the biddings;

specifications - set of the conditions established for the production technology of the electric power and for the equipment of power plants on production of electricity from RES and also, proceeding from circumstances, for installations for storage of the electric power which is specified in documentation on the biddings and which shall be carried out by the investor;

criteria of admissibility – the requirements to the request and the investor which are subject to accomplishment for receipt of the participation right in the biddings, stated in documentation on the biddings;

criteria of qualification – the requirements to the technical proposal established by the Commission on tendering in documentation on the biddings;

evaluation criterion – the smallest offered price included in the financial offer used for assessment and classification of the proposals submitted by skilled investors at the analysis stages of admissibility and qualification established by the Commission on tendering in documentation on the biddings;

the commission on tendering – the government commission created by the Government based on article 35 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources for the organization and tendering according to this Provision;

construction of power plant on production of electricity from RES - development by the investor of new capacity in production of electricity by way:

a) constructions of new power plant on production of electricity from RES which, proceeding from circumstances, can assume obligatory installation of installation for storage of the electric power, or

b) increases in capacity of the existing power plant on production of electricity from RES;

documentation on the biddings – documentation containing all information connected with object of the biddings and conditions of participation in the biddings requirements imposed to the investor, method of application and/or technical and financial offers, descriptive documentation, forms of guarantees, the draft agreement on purchase of the electric power made from renewable sources, information necessary for investors for participation in the biddings and for development and submission of technical and financial proposals and also about procedure for carrying out and criteria of the analysis of admissibility of requests, qualification of technical proposals and assessment of financial offers;

the road map - the document on capture on the investor of the obligation on obtaining on the basis of the action plan according to the requirements established in documentation on the biddings, necessary documents for development, construction and operation of power plant on production of electricity from RES or, proceeding from circumstances, the power plant on production of electricity from RES equipped with installation for storage of the electric power in case of lack of one or several documents specified in documentation on the biddings at stage of submission of the offer;

the circumstance justifying non-execution of the obligation - extraordinary and unexpected event which approach the investor could not expect and avoid or eliminate and which effect result in impossibility of construction and commissioning of power plant in time, established in the order of the Government about assignment of the status of the large competent producer;

the investor - physical person or legal entity which can participate in process of the biddings individually or in consortium with other persons, in the this provision sense and which addresses for assignment to it the status of the large competent producer in this process;

the observer - the status given to persons selected from the candidate list to the place of the representative of civil society or person delegated by Delegation of the European Union in the Republic of Moldova who though were not elected members of the commission on tendering, but agreed to participate in quality of observers at the Commission on tendering;

the financial offer – the document submitted by the investor during trading in which the price requested by the investor for the electric power made from renewable sources, constituted according to requirements of this provision and with documentation on the biddings is specified and representing the fixed price reflected in the regulated purchase agreement of the electric power from renewable sources and strike price – in the contract for difference;

the marginal offer – the offer which answers criteria of qualification of technical proposals and evaluation criteria, but after stage of selection of offers does not correspond to the available maximum limit of capacity any more;

the technical proposal – the document constituted according to requirements of this provision and documentation on the biddings by means of which the investor represents during trading the offer on construction and operation of power plant on production of electricity from RES for receipt of the status of the large competent producer.

Section 3 Basic principles and purposes

4. The basic principles and the purposes of this provision is the following:

1) assistance to sustainable development of national economy by encouragement of production and storage of the electric power from RES and ensuring safe, reliable and effective work of power supply system;

2) ensuring goal achievement of state policy in the field of production of electricity from RES, and also diversification of primary energy resources;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info