ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 21, 2018 No. 1129

About approval of the Regulations on periodic review of estimated value of agreements on the public procurements of continuous execution concluded for the term of more than one year

1. Approve Regulations on periodic review of estimated value of the contracts on public procurements of continuous execution signed for the term of more than one year it (is applied).

2. Declare invalid the Order of the Government No. 640/2010 about approval of the Regulations on periodic review of estimated value of agreements on the public procurements of continuous execution concluded for the term of more than one year (The official monitor of the Republic of Moldova, 2010, Art. No. 129-130, 726).

Approved by the Order of the Government of the Republic of Moldova of November 21, 2018 No. 1129

Regulations on periodic review of estimated value of the contracts on public procurements of continuous execution signed for the term of more than one year

Chapter I General provisions

1. The regulations on periodic review of estimated value of the contracts on public procurements of continuous execution signed for the term of more than one year (further - the Provision), regulate procedure for establishment and application of method of periodic review of cost of the specified agreements taking into account the change in price of components of cost of the goods, works or services which are the subject of the agreement (further - the agreement on public procurements).

2. For the purposes of this provision the following concepts are used:

review of estimated value of the agreement on public procurements – modification of residual cost of the agreement on public procurements owing to inflation or deflation taking into account the rate of inflation or deflation;

unit price – the price formed on the basis of the cost amount (excluding VAT) of resources (work, materials and/or elements of the designs, the equipment) necessary for accomplishment of one unit of measure of the technological transaction provided in cost budget;

review of estimated value of the agreement on public procurements of continuously performed works concluded for the term of more than one year based on cost change - modification of residual cost of the agreement on public procurements as a result of application of coefficient of change for accounting of any increase or reduction of costs based on which the agreement price was established.

3. The procedure for review of cost of the purchase agreement is established in coordination between the parties in case of its signing and cannot be changed in the course of execution.

4. Requirements of this provision do not extend to the contracts on public procurements of continuous execution in interrelation signed for the term of more than one year with economic nonresident operators if the procedure for review of estimated value of the agreement is provided in the standard agreement of relations which is approved/published by the buying body.

4-1. Any economic operator who considers that he suffered or can suffer losses as a result of refusal on request about review or as a result of the procedure of review of cost of the agreement on public procurements has the right to challenge actions or decisions of the buying body in competent degree of jurisdiction.

Chapter II Review of cost of the agreement taking into account the rate of inflation or deflation

The Section 1 Procedure for Consideration of the Application on review of cost of the agreement taking into account the rate of inflation or deflation

4-2. Transactions on review of cost of the agreement on public procurements taking into account the rate of inflation or deflation of previous year are performed no more once within fiscal year.

4-3. Review is made at the beginning of fiscal year, after publication of statistical data about the rate of inflation or deflation for previous year, including concerning the agreements signed during previous year and which are in process of execution less than one year on condition of observance of provisions of Item 6.

4-4. The financial resources allocated and used properly in the first fiscal year of management of the agreement on public procurements are not subject to revision.

5. Review of estimated value of the agreement on public procurements can be requested in writing:

1) economic operator;

2) the buying body (on own initiative or according to the offer of the body equipped with the law control function).

6. Review of estimated value of the agreement on public procurements is performed on condition of simultaneous observance of the following requirements:

1) the agreement on public procurements of goods, works or services of continuous execution is signed for the term of more than one year;

2) the agreement party which sent request about review of estimated value of the agreement fulfilled contractual commitments;

The request does not exceed 3) 60 days from the date of publication of statistical data about the inflation indexes or deflation for previous year.

In case of request from the buying body performed according to the offer of body equipped with the law control function the subitem 3) is not applied.

7. The agreement party to which the request about review of cost of the agreement arrived shall submit the corresponding explanation about it in writing in 20-day time from the date of the address.

8. Consideration of request of the economic operator or the offer on review made by the body equipped according to the law with control function in the field is performed by the buying body by means of the working group on public procurements, with creation of the relevant protocol.

9. In the course of consideration of request the buying body has the right to invite experts in the field who submit written and/or verbal reports at meeting on consideration of request.

10. The buying body denies the request if it does not conform to the requirements established in Item 6.

11. Acceptance of request assumes creation of the supplementary agreement to the agreement on public procurements signed by the buying body and the economic operator.

12. The report is published in the Bulletin of public procurements no later than day of the conclusion of the supplementary agreement.

13. The supplementary agreement is registered the buying body which manages financial resources by means of treasurer system, in one of regional treasuries of the Ministry of Finance. The supplementary agreements which are not registered in accordance with the established procedure have no legal force.

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