of October 10, 2018 No. 987
About approval of the Regulations on purchase of goods and services by request of price offers
1. Approve Regulations on purchase of goods and services by request of price offers it (is applied).
2. Declare invalid the Order of the Government No. 666/2016 about approval of the Regulations on purchase of goods and services by request of price offers (The official monitor of the Republic of Moldova, 2016, No. 150, the Art. 710).
3. This resolution becomes effective from the date of publication.
Prime Minister
Paweê Phillip
Countersigns: Minister of Finance |
Octavian to Armash |
Approved by the Order of the Government of the Republic of Moldova of October 10, 2018 No. 987
1. For the purposes of this provision the following concepts are used:
the price offer - the document reflecting the offer in cash of the cost of goods, services, the comparable and compared from the point of view of quantity, quality and other criteria.
2. The regulations on purchase of goods and services by request of price offers (further - the Provision) establish legal grounds for the organization and holding procedure of request of price offers for the purpose of economy of the state money and increase in efficiency of purchases of goods and services, requirements satisfaction of the buying bodies in goods and services, broad participation of economic operators within the procedure of public procurements and development of the competition between them.
5. Purchase agreements are signed for one fiscal year, and for purchases of goods and services which implementation period much more year, the agreement can be signed on all purchase, but its accomplishment shall be provided within the annual assignments provided on these purposes and annually specified in the agreement.
7. Agreements on public procurements on purchase of goods or rendering services which cannot be subject of the electronic bidding affirm by other holding procedure of public procurements, namely the open and limited tenderings, negotiations with preliminary publication of the announcement on participation and competitive dialogue.
8. The procedure of purchases by request of price offers is applied by any buying body interested in purchase of the goods or services necessary for satisfaction of own needs according to the annual plan of purchases if the estimated value of purchase does not exceed 400 000 lei.
9. For purchase of goods and/or services which estimated value does not exceed 150 000 lei the buying body transmits to economic operators in writing through electronic means of communication or, by way of exception, other means of communication the invitation to participation so that before the expiration of deadline in the Automated information system "State Register of Public Procurements" (further - AIS GRGZ) registered at least three offers.
10. For purchase of goods or services which estimated value exceeds 150 000 lei the buying public body publishes previously the announcement on participation in the Bulletin of public procurements.
12. The buying body prepares the invitation or the announcement to participation in state language and, if necessary, in one of languages of the international communication by means of AIS GRGZ.
13. The buying body provides open, direct, full and free access by means of electronic means to documentation on award from the date of publication of the announcement on participation or from the date of when he sent the invitation to participation. In the text of the announcement or the invitation to participation the exact e-mail address where documentation on award will be submitted is specified. The announcement on participation and documentation on award will be available online within AIS GRGZ during the entire period of implementation of procurement procedure.
14. The buying body establishes the minimum criteria for qualification and selection of economic operators in the invitation or the announcement to participation. The buying body shall provide correlation of information requested through the invitation or the announcement to participation with information included in the Single European document on purchases (further - EEDZ), for the purpose of filling with the interested economic operators.
15. The buying body shall specify method of calculation of points based on which classification of offerers will be performed in documentation on award.
16. If the used criterion is "the smallest cost", "the best price relation and qualities" or "the best ratio of cost and quality", then determination of the won offer within the electronic bidding, is performed by use of system of factors of assessment for which relative points or specific algorithm of calculation are established. Offer assessment factors, and also algorithms of calculation of points are accurately and in detail specified in documentation on award.
17. If financing sources are absent, the announcement on participation and documentation on award will be accepted for the publication AIS GRGZ after specifying by the buying body of reasonable arguments.
18. In documentation on award are specified:
1) the offer elements which are subject of the repeated biddings provided that these elements give in to quantitative assessment and can be expressed in figures or percent;
2) possible extreme values to which elements can be improved, thus, as it follows from the specifications determining the subject of the agreement;
3) information which will be provided to offerers during the electronic biddings, and the moment when this information is available;
4) relevant information on process of the electronic biddings;
5) conditions under which offerers will have the participation right in the biddings, especially concerning quantity of stages, duration of each stage, duration of interval between stages, the minimum bid increment which, if necessary, will be requested for the biddings according to new offers;
6) the relevant information on the used electronic equipment, specifications and specific methods of realization of connection.
19. The economic operator can request from the buying body of explanation, the concerning invitations or announcements to participation. On any request such buying body will give the answer within one working day, but no later than one day before the expiration of submission of offers. The buying body shall send through AIS GRGZ to each economic operator who submitted the application for participation, responses to any requests about explanation with appendix of appropriate questions, having taken measures for non-admission of the disclosure of the personality which requested the corresponding explanations.
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