of October 28, 2020 No. 778
About approval of the Regulations on creation and storage of case on public procurement
1. Approve Regulations on creation and storage of case on public procurement it (is applied).
2. Declare invalid the Order of the Government No. 9/2008 about approval of the Regulations on creation and storage of case on public procurement (The official monitor of the Republic of Moldova, 2008, Art. No. 16-17, 77), with subsequent changes.
Deputy Prime Minister, Minister of Finance
Approved by the Order of the Government of the Republic of Moldova of October 28, 2020 No. 778
1. This Provision establishes procedure for creation and storage of case on public procurement.
2. Case on public procurement is constituted and stored at the buying body performing procedures of public procurements.
3. Case on public procurement represents set of the documents used by the buying body in the course of holding procedure of award of the agreement, and also the related documents used after completion of the procedure of award of the agreement.
4. All information relating to the procedure of public procurement, registered in the Automated information system "State Register of Public Procurements" (further – AIS GRGZ), is part of the corresponding case on public procurement.
5. Case on public procurement is constituted according to each procedure of public procurements separately and stored within 5 years from the moment of their beginning.
6. Case on public procurement in case the documents relating to the procedure of public procurements are not included in AIS GRGZ or are not signed by the digital signature, shall contain the following documents (if they were used):
1) the decision (order) or regulations on creation of working group on purchase, including changes to them;
2) the annual plan of purchases, including the made changes;
3) the statement (copy) from the announcement of intention;
4) announcement of consultations with the market;
5) report on consultations with the market;
6) the invitation/announcement on participation;
7) letters on involvement of consultants – specialists/experts in that area in which procurement is conducted (in case those were invited);
8) the request sent by civil society, information on their inclusion / not inclusion in structure of the working group;
10) single European purchasing document (EEDZ);
11) documents of preliminary selection, documentation on award or other documents for attraction of the offers constituted by the buying body within the procedure of public procurements;
12) records about the publication of the notification in other mass media (these records shall be mentioned when publication is without fail provided by the law and if, though it is not obligatory, the buying body provides publication by placement of the notification in the procedure stated above);
13) requests of explanations, and also answers concerning preliminary selection documents, documentation on award or other documents for attraction of offers;
14) declaration on confidentiality and impartiality;
15) the offers provided by economic operators;
16) the protocol of working group on opening of offers, except for procedures of the public procurements organized within AIS GRGZ with submission of offers in electronic form;
17) letters with request of additional explanations / explanations concerning the offers provided by offerers (if such explanations were requested);
18) responses of offerers to requests of the buying body (if such explanations were provided);
19) the decision on award of the agreement on the state purchases / the framework agreement or on cancellation of the procedure of award, the decision on revaluation, depending on circumstances;
20) documents, letters or other records about detection of the fact of corruption during the procedure of public procurements and the notification of the Agency of public procurements and competent authorities (if such act was made and found);
21) documents on conducting tests/examinations within implementation of the procedure of public procurements (if they were performed);
22) letters with the notification of offerers on results of procurement procedure and confirmation of their obtaining by offerers;
23) the requests, claims formulated within the procedure of award, accompanied with the reasoned decisions passed by the National agency according to the dispute resolution;
24) replies to the requests or appeals of offerers (if requests or appeals were sent);
25) decisions of degrees of jurisdiction concerning the procedure of award;
26) the signed agreement on the state purchases / the framework agreement and additional documents, when applicable, the contracts signed based on the framework agreement;
27) report on the conclusion of the agreement on public procurements;
28) notification on award;
29) the decision and the report on introduction of amendments to the agreement on the state purchases / the framework agreement, the supplementary agreement, the notification on change of the agreement on public procurements and other documents concerning decision/change of the agreement on public procurements;
30) semi-annual and annual statements about monitoring of execution of agreements on public procurements, according to the sample approved by the Government;
31) documents on imposing of sanctions or initiation of the procedure of inclusion of the economic operator in the List of the prohibited economic operators (in case of application of sanctions or initiation of the specified procedure);
32) the reports on monitoring submitted by the Agency of public procurements and other competent authorities and also information on the measures taken in their relation;
33) the other information and documents provided by documentation on award concerning public procurements of goods, works or services.
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