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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 8, 2020 No. 494

About approval of the Regulations on the public procurements necessary for prevention and control of infection COVID-19

(as amended of the Order of the Government of the Republic of Moldova of 21.10.2020 No. 762)

Based on part (2) articles XX of the Law No. 69/2020 on organization of some measures for emergency state in the field of public health and modification of some regulations (The official monitor of the Republic of Moldova, 2020, Art. No. 124-125, 222) DECIDES: the Government

1. Approve Regulations on the public procurements necessary for prevention and control of infection COVID-19 it (is applied).

2-1. In case of adoption of the order of the Government about prolongation of term of application of regulations, stipulated in Article the XX Law No. 69/2020 on organization of some measures for emergency state in the field of public health and modification of some regulations, after cancellation of state of emergency in the field of the health care declared by the Resolution of the Extraordinary national commission of health care No. 10 of May 15, 2020, application of this resolution is prolonged for the term established by the Government.

3. Applies this resolution to agreements on the public procurements necessary for prevention and control of infection COVID-19, the estimated value of which, without the value added tax, is equal or exceeds 800 000 lei for goods and services and 2 000 000 lei for works, without the value added tax.

4. Requirements of the Regulations on public procurements of small cost approved by the Order of the Government No. 665/2016 are applied to agreements on the public procurements necessary for prevention and control of infection COVID-19, estimated value of which, without the value added tax, below the limit provided in Item 3,.

6. This resolution becomes effective from the date of publication.

Prime Minister

Ion Kiku

Countersigns:

Deputy Prime Minister, Minister of Finance

 

Sergey Pushkutsa

 

Approved by the Order of the Government of the Republic of Moldova of July 8, 2020 No. 494

Regulations on the public procurements necessary for prevention and control of infection COVID-19

I. Publication and transparency

1. The regulations on the public procurements necessary for prevention and control of infection COVID-19 (further - the Provision) establish flexible mechanisms for the purpose of purchase of the goods, services and works necessary for further ensuring the help during emergency state in the field of public health.

2. For procedures of the public procurements necessary for prevention and control of infection COVID-19, the period between date of publication of the announcement on participation in the Bulletin of public procurements and limiting date of submission of offers shall constitute at least 10 days for the procedure of open tenderings or limited biddings.

3. The buying body organizes and performs process of the message with economic operators, including submission of offers and explanation, through AIS "GRGZ" or on paper on functionality absence reason in AIS "GRGZ", and within the procedure of negotiations without preliminary publication of the announcement on participation - by e-mail.

4. Any economic operator has the right to request the explanations connected with documentation on award within 5 days which are estimated from the date of publication of the announcement on participation and documentation on award.

5. The buying body shall answer any requested explanation during term up to 2 working days after receipt of such request from the economic operator.

6. The buying body shall transfer for publication in the Bulletin of public procurements the announcement on award no later than 10 days after date of award of the agreement on public procurements.

II. Features of the procedure of negotiations without preliminary publication of the announcement on participation

8. No later than date of the conclusion of the agreement on public procurements by the procedure of negotiations without preliminary publication of the announcement on participation the buying body transfers to the Agency of public procurements for publication in the Bulletin of public procurements the following documents:

1) invitation to participation;

2) report on award of the agreement.

III. Message of results of the procedure of public procurements

9. The buying body, within no more than one working day after determination of the won offer, notifies in writing all participants on results of the procedure of public procurements, and also on reasons for rejection, in case of rejected offers, and on the disqualification reasons, in case of disqualification of ofertant.

10. The buying body directs the decision on award of the agreement on public procurements or on cancellation of the procedure of award of public procurements to the Agency no later than date of the notification on results of the procedure for award provided in Item 8.

11. In the Section of the report on statement of the reasons of the choice of the procedure of public procurements the buying body specifies the reasons of application of this provision.

IV. Conclusion of agreements on public procurements

12. Contracts on public procurements are signed after the term of the expectation constituting 4 days from the date of transfer of the message on result of application of the procedure of award.

13. Adherence to deadline, provided in Item 12, not necessarily in the following cases:

1) the agreement on public procurements is awarded in the result of the procedure of negotiations without preliminary publication of the announcement on participation;

2) the agreement on public procurements shall be signed with the economic operator who is the single offerer in the procedure of award, and there are no other economic operators involved in the corresponding procedure of award.

V. The dispute resolution within the procedures of public procurements

14. The economic operator to whom damage is caused can address to the National agency according to the dispute resolution for the purpose of cancellation of the act and/or recognition of the challenged right or legitimate interest by submission of the claim within 3 days, since the day following behind day of acquaintance with the act of the buying body which is considered illegal.

15. Submission of the claim relating to acts of the buying body which are issued or took place before opening of offers, it is performed with adherence to deadline, provided in Item 14, but no later than limiting date of the submission of offers established by the buying body.

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