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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 14, 2022 No. 870

About approval of the Regulations on public procurements of small cost

1. Approve Regulations on public procurements of small cost it (is applied).

2. Declare invalid the Order of the Government No. 665/2016 about approval of the Regulations on public procurements of small cost (The official monitor of the Republic of Moldova, 2016, No. 150, the Art. 709).

3. To finish the agreements on public procurements of small cost which are in process of award and execution on the date of entry into force of this resolution on the basis of the precepts of law existing for date of their initiation.

4. This resolution becomes effective on July 1, 2023.

Prime Minister

Natalya Gavrilitsa

Countersigns:

Minister of Finance

 

Dmitry Budiyanski

 

Approved by the Order of the Government of the Republic of Moldova of December 14, 2022 No. 870

Regulations on public procurements of small cost

I. General provisions

1. The regulations on public procurements of small cost (further - the Provision) establish legal grounds and procedure of public procurements of goods, works and services of small cost.

3. The agreement on public procurements of small cost represents the paid legal act concluded between the buying body / subject and the economic operator.

4. If the cost of purchase does not exceed 50 000 lei without the value added tax buying bodies have the right to conduct direct procurement of goods, services and works based on the invoice for payment.

5. If the cost of purchase does not exceed 100 000 lei without the value added tax, the buying subjects have the right to conduct direct procurement of goods, services and works based on the invoice for payment.

8. When implementing public procurements of small cost the buying body / subject provides both effective use of financial resources, and transparency, objectivity and impartiality of procurement process and public trust to it.

9. When implementing public procurements the buying body / subject provides observance of the rules of non-admission of conflict of interest established by regulations including in case of application of Items 4-7, by implementation of internal managerial supervision.

10. Planning of public procurements of small cost is performed according to general rules of planning according to the regulations existing in the field of public procurements.

12. Regulations of this provision are applied to all goods, works and services, irrespective of their specifics and characteristics, except for those which, according to the legislation, belong to the state secret and concerning which application of special measures of safety is necessary.

13. The public procurements of small cost including provided in items 4 and 5, are performed by the buying body / subject based on the annual / provisional plan of purchases or in connection with the urgency which resulted from unplanned requirements or unforeseen events. The reasons of urgency are proved by specific arguments and are established by working group, if necessary - the certified specialist, in the protocol which shall be published in the Automated information system "State Register of Public Procurements" (further - AIS "GRGZ") after publication of the announcement on participation or information on public procurements of small cost performed according to Item 14 provisions. In case of the buying bodies / subjects with average number of staff less than 7 units the protocol can be signed by the head of organization.

14. The buying body / subject shall conduct public procurements of small cost through AIS "GRGZ", except for the following cases:

1) direct procurements which estimated value is established in Items 4-7;

2) purchases at the physical persons which do not have the status of the entrepreneur;

3) fuel purchases;

4) purchases of services of designing;

5) purchases in the sphere of utilities;

6) availability of necessary goods, services and works at the single business entity or exclusive right on goods, services and works at the single business entity and lack of alternative;

7) any offer or any adequate offer or any candidate were not provided as a result of the procedure of award of the agreement on public procurements of small cost by means of AIS "GRGZ", on condition of not entering of essential changes into initial conditions of purchase (changes of delivery dates / provision / execution, payment terms, delivery conditions / provision / execution of quality requirements, to quantity, guarantees, other essential conditions changing economic balance of purchase for benefit of the contractor, which are not provided in initial conditions of purchase are considered essential), and lack of the competition is not result of artificial restriction of parameters of purchase;

8) in cases of urgent need in connection with the maximum urgency arising owing to unpredictable events for the relevant buying organ / subject, terms of holding procedure for procurement of small cost by means of AIS "GRGZ" cannot be observed. Situations by which the maximum urgency is proved shall not be caused by the buying body / subject. The decision on non-use of system of AIS "GRGZ" for purchase of small cost is made by a majority vote workgroup members and entered in the protocol.

15. Calculation of estimated value of the agreement on public procurements of small cost is perfromed according to the general rules established in the regulations existing in the field of public procurements. In case of separation into lots the estimated cost of purchase is determined separately by each lot.

16. It is forbidden to conclude and carry out agreements on public procurements of small cost in the absence of financial resources or, at least, the proofs guaranteeing their allocation.

19. Any economic operator, resident or the nonresident, any physical person or legal entity of public or private law or consolidation of such persons have the right to participate in the procedure of award of the agreement on public procurements of small cost according to the this provision regulations.

20. In case of public procurements of small cost the request of the Single European document on purchases is not obligatory.

II. Initiation of public procurements of small cost

21. The buying body / subject publishes the announcement on participation in AIS "GRGZ" according to appendix No. 1, except as specified specified in Item 14.

22. The buying body / subject can specify in the announcement participation the minimum qualification criterions to which there shall correspond economic operators.

23. If the buying body / subject applies the pro rata criteria of qualification relating to the subject of the agreement, then they can concern the following aspects:

1) competence of ofertant;

2) capability to perform professional activity;

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