ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 29, 2021 No. 56

About approval of the Regulations on procedure for the organization and functioning of the central purchasing bodies

1. Approve Regulations on procedure for the organization and functioning of the central purchasing bodies it (is applied).

2. The central purchasing bodies responsible for the organization and centralized holding procedures of public procurement for the purpose of satisfaction of needs of the central bodies of the public power in similar goods, works or services, are appointed by the Government.

3. Local authorities of the public power of the second level can create the decision of regional or local government board the central purchasing bodies responsible for the organization and centralized holding procedures of public procurement for the purpose of satisfaction of needs in similar goods, works or services. Function on centralized holding procedures of public procurement can be delegated to subordinated divisions.

4. To the central bodies of the public power and local authorities of the public power of the second level in case of development of constituent acts of the central purchasing bodies to observe requirements of the Regulations on procedure for the organization and functioning of the central purchasing bodies.

5. To the central bodies of the public power in which subordination the central purchasing bodies perform activities to bring regulations on the organization and functioning of the central purchasing bodies into compliance with this resolution within 3 months from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of April 29, 2021 No. 56

Regulations on procedure for the organization and functioning of the central purchasing bodies

I. General provisions

1. Regulations on procedure for the organization and functioning of the central purchasing bodies (further - the Provision) establish the minimum requirements to creation, initiation and centralized holding procedures of public procurement by the central purchasing body for satisfaction of similar (general) needs of the central bodies of the public power and/or local authorities of the public power of the second level.

2. The central purchasing body is created by the order of the Government or the decision of local authorities of the public power of the second level with approval of constituent acts about procedure for functioning, structure, regular personnel and establishment of sources of financing.

3. Subject of this provision is strengthening of the mechanism of centralized purchase for transparent, effective and productive use of financial resources by establishment of mandatory main requirements to the created central purchasing bodies.

4. The central purchasing body will organize, initiates and carries out in centralized procedure procedures of public procurement for general needs of the central and/or local authorities of the public power.

5. The list of bodies for which centralized procurement procedures are carried out and the list of general goods, services and works are established in constituent documents of the central purchasing oragan and published on web pages of the central purchasing body and the buying body / the buying bodies.

6. Any buying body which is not included in the list of bodies for which centralized procurement procedures are carried out can submit the application to the central purchasing body to use centralized procurement procedures.

7. The central purchasing body is public body on self-government. The central purchasing body has the right to levy charges for centralized and auxiliary purchasing activity. The amount of charges is established in the constituent act.

8. According to the decision of the founder as the central purchasing body the structural division / the subordinated organization which is completely financed from the budget of the founder can be appointed.

II. Role, purposes and powers of the central purchasing body

10. The central purchasing body uses the following ad hoc methods and instruments of award of agreements on public procurements:

1) the framework agreement;

2) dynamic purchasing system.

11. In the presence of statement of the founder who is drawn up by the individual administrative act, purchase of goods, works and services without use of the framework agreements or dynamic purchasing systems, except for repeated purchases, in particular in case of purchase of fixed assets, repair and capital investments is allowed to the central purchasing body.

12. In case of realization of the powers the central purchasing body acts on behalf and for the benefit of the buying bodies, performs the rights and carries out the obligations assigned to it, and also provides as the party representation within ministerial procedures of the rights and interests of the buying bodies.

13. The central buying body performs auxiliary purchasing activity only in connection with the activities performed by the buying bodies which subject are the goods and services acquired on a centralized basis according to the conditions established by regulations in the field of public procurements.

14. The central purchasing body performs the following main actions:

1) data collection about needs of the buying bodies concerning the goods, works and services which are purchased on a centralized basis;

2) creation of the annual plan of public procurements of the goods, works and services which are purchased on a centralized basis;

3) organization of centralized procedures of award and conclusion of centralized framework agreements;

4) provision in the order of the buying bodies of centralized framework agreements;

5) monitoring of centralized framework agreements, and also implementation of the rights and accomplishment of the obligations of the buying bodies following from them in the situations provided by regulations in the field of public procurements;

6) participation as the party within ministerial procedures or in the National agency according to the dispute resolution and in degrees of jurisdiction in communication by the acts issued to them in pursuance of the powers;

7) implementation of auxiliary purchasing activity.

III. Obligations of the buying bodies and the central purchasing body

15. The buying bodies shall acquire goods, works and services as a result of holding centralized procurement procedures one of the following methods:

1) by the conclusion of the subsequent agreements based on the framework agreements signed by the central purchasing body from own name;

2) by the conclusion of agreements on public procurement based on results of the procurement procedure which is carried out by the central purchasing body by means of other ad hoc methods and instruments of award of agreements on public procurements, than specified in the subitem 1);

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