ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 20, 2021 No. 10

About approval of the Regulations on activities of working group on public procurements

1. Approve Regulations on activities of working group on public procurements it (is applied).

2. Declare invalid the Order of the Government No. 667/2016 about approval of the Regulations on activities of working group on purchases (The official monitor of the Republic of Moldova, 2016, No. 150, the Art. 711).

3. This resolution becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of January 20, 2021 No. 10

Regulations on activities of working group on public procurements

I. Basic provisions

1. The regulations on activities of working group on public procurements (further - the Provision) establish general and special terms of creation of working group on public procurements (further - working group) which will organize and perform the procedure of award of the agreement on public procurements for satisfaction of needs of the buying body or merging of such bodies if they do not address the service provider on purchase or the central purchasing body.

2. If the buying body addresses the service provider on purchase or the central purchasing body for the purpose of preparation and management of procedures of public procurement from name and for benefit of the buying body, both the service provider on purchase, and the central purchasing body is observed by requirements of this provision on behalf of the buying body.

3. The working group represents group of specialists within the buying body, responsible for any made decision and measure concerning purchase of goods, services and works.

4. Performing the functions, workgroup members are effective independently, impartially and according to the legislation. Rendering any pressure for the purpose of coercion of workgroup members to execution of the obligations in defiance of legal provisions is forbidden.

II. Structure of the working group

5. The working group is created by the decision (order) or the order, within the number of staff, as a part of at least 5 permanent members, in with authority reasonable cases - as a part of at least 3 people, including the chairman and the secretary.

6. The buying body establishes the decision (order) or the order of the member deputies appointed within working group to case of impossibility of participation of the member of regular personnel.

7. The chairman of working group is the head of the buying body or person designated by the order of the head of body.

8. The buying body can create several working groups on purchases depending on area in which procurement is conducted.

9. Employees and specialists of the buying body with working experience in this area or in other areas connected with purchase are part of working group.

10. In case of merging of several buying bodies, the structure of the working group is established by the decision (order) or the order. The staff of the joint bodies, on their request is part of working group.

11. In case of difficult purchases, with numerous technical details which assessment requires qualification in the specific field of purchase the buying body has the right to attract in structure of the working group of consultants, specialists and experts in the field. The working group considers opinion of the consultant, expert or specialist and brings it in the decision on award of the agreement on the state purchases / the framework agreement.

12. Specialists, consultants and experts shall express in writing ascertainings on specific aspects of the analyzed purchase which are integral part of the decision on award of the agreement on the state purchase / the framework agreement or on cancellation of procurement procedure.

13. The buying body includes in structure of the working group of representatives of civil society in case of receipt of the written application in this respect at least in two days prior to deadline for offers. Representatives of civil society cannot constitute more than a third of general structure of the working group.

14. The representatives of civil society included in working group have rights of advisory vote or the right to special opinion which is brought in the solution of the corresponding working group.

15. The statement provided in Item 13, shall include: the name of the organization, name and surname of her representative, the copy of the document confirming it powers, or surname and name of physical person; legal and postal or home address; contact information, including the e-mail address; procurement procedure for which inclusion in structure of the working group is requested.

16. If the statement does not conform to the requirements provided in Item 15, the buying body returns this application for its corresponding creation.

17. Representatives of civil society are included working group for each procedure of public procurement separately.

18. The working group provides registration of statements, specified in Item 13, and informs representatives of civil society from whom the corresponding statements, about their inclusion / non-inclusion in structure of the working group, and also about date, the place and time of carrying out draw in case of receipt of several statements, but not later than day till deadline for offers arrived.

19. For carrying out draw the working group in the presence of representatives of civil society prepares tickets in the quantity equal to representatives of civil society, having numbered them in figures 1, of 2, of 3,... n, places them in envelopes, and then in ballot box which content is shown previously to all representatives in order that they were convinced of absence in it other tickets. Representatives of civil society in the presence of workgroup members get in turn on one envelope with ticket from ballot box. Draw is carried out according to the procedure of submission of statements by them on participation. The chosen number promotes arrangement of places according to the procedure of increase according to which representatives of civil society are included in structure of the working group, starting with numbers 1, of 2, of 3,... n, with observance of the restriction provided in Item 13.

20. In the absence of the representative of civil society the envelope with sequence number is got by the chairman of working group or one of her members, and this fact is brought in the decision.

21. The working group constitutes the protocol on arrangement of representatives of civil society, according to appendix No. 1, which is signed by the workgroup members and participants who are present at draw. Each participant of draw is handed the copy of the protocol.

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