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The document ceased to be valid since June 23, 2017 according to the Order of the Government of the Republic of Moldova of May 26, 2017 No. 340

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 5, 2009 No. 352

About approval of the Regulations on implementation of public procurements of services in designing of works

(as amended on 28-09-2012)

For the purpose of execution of the Law No. 96-XVI of April 13, 2007 on public procurements (The official monitor of the Republic of Moldova, 2007, No. 107-111, of the Art. 470) and developments of single methodology of holding procedures for the state purchases of services in designing of works DECIDES: the Government

1. Approve Regulations on implementation of public procurements of services in designing of works it (is applied).

2. The procedures for public procurements of services in designing of works which are in carrying out stage on the date of entry into force of the Regulations on implementation of public procurements of services in designing of works will be complete according to the procedure, established for date of initiation of these procedures.

3. Declare invalid the Order of the Government No. 44 of January 13, 2006. "About approval of the Regulations on purchase of services in accomplishment of project works for public investments" (The official monitor of the Republic of Moldova, 2006, Art. No. 25-27, 142).

 

Prime Minister

Zinaida Grechany

Countersign:

first Deputy Prime Minister,

Minister of Economy and Trade

 

 

Igor Dodon

Minister of Finance

Mariana Durleshtyanu

Minister of Construction and

developments of the territory

 

Vladimir Baldovich

Appendix

to the Order of the Government No. 352 of May 5, 2009

Regulations on implementation of public procurements of services in designing of works

CHAPTER I. General provisions

1. The regulations on implementation of public procurements of services in designing of works (further - the Provision) are developed based on the Law No. 96-XVI of April 13, 2007 on public procurements (The official monitor of the Republic of Moldova, 2007, Art. No. 107-111, 470) for the purpose of creation of organizational base and development of single methodology on structure, content and procedure for use and submission of documentation for public procurements of services in designing of works.

2. The terms and determinations used in this Provision have the following value:

public procurements of services in designing of works (further - services in designing) - purchase of services in designing of works for constructions of any category and the engineering equipment relating to them (further - constructions), and also for works on intervention in time (upgrade, modification, reorganization, strengthening, expansion and capital repairs) for satisfaction of needs of one or several buying bodies;

the agreement on public procurements of services in designing of works - the legal document concluded by agreement between the buying body and the designer for benefit of whom provision of services on designing of works is awarded;

the designer - the economic operator who can be any legal entity or physical person having the license for activities in the field of designing of all types of constructions, town planning, installations and city technical networks, reconstruction, restoration to which provision of services on designing of works is awarded in accordance with the established procedure:

specifications - the written documentation which is component of the tender documentation in which specifications on designing of works, quality requirements of materials are in detail provided, to environmental protection, labor protection, the applied standards and regulating documents, technologies, transportations on the building site, inspection, tests, checks, changes, measurements, etc.

3. This Provision concerns services in designing, according to requirements of the buying bodies, for the following state investments:

a) constructions of all types;

b) upgrade, transformation, expansion and strengthening of constructions and the engineering equipment relating to them;

c) capital repairs, running repair and demolition of constructions and the engineering equipment relating to them;

d) installation of equipment and installations for the investments provided in subitems and), b), c) this Item;

e) drilling operations, works on piping, fotogrammetriya, geotechnical and seismological researches and other similar works;

f) other contract construction works.

4. Works on designing of public investments are considered as services in designing.

5. In case the complex of works provides accomplishment of several objects with independent functionality, purchase of services in designing is carried out for all complex of works or, as necessary, for each object with independent functionality separately if such method is reasonable.

6. The buying body shall estimate the cost of the agreement on public procurement of services in designing and choose the corresponding procedure of public procurements.

7. The buying body shall create equal conditions of participation in public procurement of services in designing for all economic operators, having ensured thereby possibility of the choice of the most competitive economic operator.

CHAPTER II. Choice of procedures of public procurements of services in designing of works

8. Procurement of services in designing is conducted using the procedures provided in this Provision for the purpose of the choice of optimal solutions from the point of view of architectural, town-planning, constructive, technological, environmental protections, the main quality requirements, the cost of investments and operation, and also award of works on designing to the most competent designer in the conditions of encouragement of original creativity and ensuring the loyal competition.

9. The buying body has the right to initiate application of the procedure of award of the agreement on public procurement of services in designing of works only when the following conditions are cumulatively complied:

a) the agreement is included in the annual program of public procurements of services in designing and in the plan of implementation of purchases of the buying body, except as specified, when the subject of the agreement is determined by emergence of emergency situation or the situations requiring urgent satisfaction of unforeseen needs;

b) proofs or warranties of allocation for the current year of necessary funds (financial resources) necessary for agreement performance about public procurement of services in designing are provided or are had;

c) documentation on the biddings in case of application of one of forms of the biddings or other necessary documents in case of application of any other procedure of purchases is developed and approved.

10. In case terms of the contract provide financing of the agreement on public procurements of services in designing for the credit account which receipt is assigned to the designer, and the guarantee of this credit, the condition provided in the subitem b is provided to the buying body) Item 9, it is considered executed.

11. The buying body in case of public procurement of services in designing applies the corresponding procedure of purchases according to annual or quarter procurement plan, proceeding from complexity and laying of their estimated value in cost thresholds, stipulated by the legislation to application of the corresponding procedure.

12. In case the buying body applies other procedure of purchases to the conclusion of the service provision agreement on designing of works, it will be performed according to normative regulations according to the applied procedure.

CHAPTER III. The organization and tendering for public procurements of services in designing

13. Open tenderings for purchase of services in designing are carried out in one step in which the unrestricted number of the economic operators wishing to participate and relevant to the qualification conditions established by the buying body in documentation on the biddings participates. Open tenderings are held if for participation in them at least two participants are qualified.

14. Prior to open tenderings the buying body shall publish in the Bulletin of public procurements and on the official page of the Agency on registration (further - the Agency) on the Internet the invitation to participation for informing potential economic operators they could prepare the offers. In case of public procurement of services in designing for works which estimated value is equal or higher than 2? 500? 000? lei, the invitation for participation is published in "Official Journal of the European Community".

The invitation to participation in open tenderings is published according to the sample provided in Standard documentation for submission of offers for public procurement of services in designing of works (further - Standard documentation) according to appendix to this Provision.

15. The biddings with limited participation for public procurements of services in designing will be organized and carried out in case works for which works on designing are bought have the high value and difficult nature or they can be executed in the market by large number of economic operators when the buying body wishes to select competitive ofertant previously.

16. The biddings with limited participation will be organized in two separate stages: the unrestricted number of the interested economic operators who submit qualification documents (without specifying of the price of the offer) participates in the first stage at which the procedure of preliminary selection is applied, and only economic operators who correspond to the conditions of preliminary selection established by the buying body participate in the second stage.

The number of the ofertant who are selected at the first stage shall be at least three.

17. To the announcement of the biddings with limited participation the buying body shall publish the invitation to participation in preliminary selection according to Item 16 and the announcement sample provided in Standard documentation which is appendix to this Provision.

18. At stage of preliminary selection of bidding procedure with limited participation economic operators are offered to provide the offers without specifying of their price developed based on requirements of documents for preliminary selection.

Criteria of preliminary selection are stated in documents for preliminary selection. In case of assessment of qualification data of each economic operator who submitted the application for preliminary selection only these criteria are applied.

19. The organization and carrying out stage of preliminary selection are performed in the following procedure:

a) identification of need for procurement plan of the buying body;

b) development by the buying body of documents for preliminary selection;

c) representation by the buying body, including electronic way, documents for preliminary selection to the Agency and publication of the announcement in the Bulletin of public procurements and on the official page of the Agency on registration on the Internet;

d) acceptance by the buying body from economic operators of requests for receipt of documents for preliminary selection and transfer of the relevant documents, including by e-mail (as necessary) to all who submitted such application;

e) creation and transfer by the buying body of replies to the requests of candidates about explanation of specific elements of documents for preliminary selection;

f) acceptance by the buying body of statements on participation in preliminary selection and envelopes with qualification offers;

g) opening of envelopes by the working group and creation of the protocol when opening stage of preliminary selection of the biddings;

h) accomplishment by the working group of the obligations assigned to it, including according to requirements of this provision;

i) consideration and check of observance by candidates of the conditions confirming the right of participation in the biddings, the registration, technical and financial and economic aptitudes requested in documents for preliminary selection;

j) establishment of necessary explanations according to the documents submitted by candidates;

k) qualification of candidates who correspond to the above-provided conditions, and exception of the candidates who are not meeting the case;

l) candidate screen from which offers will be requested;

m) development and representation to the Agency for registration of the decision on preliminary candidate screen.

20. After registration of results of preliminary selection the buying body without delay reports each economic operator who submitted the application for participation in preliminary selection, results of selection and represents, upon the demand of any public applicant, the list of all economic operators who underwent preliminary selection. Only economic agents who underwent preliminary selection can participate in the second stage of the procedure of public procurement of services in designing further.

21. At the second stage of bidding procedure with limited participation the ofertant participating in the first stage whose offers were not rejected represent final offers with detailed specifying of all technical features and the prices. Ofertanta can request explanations and amendments on carrying out the second stage of the biddings.

The Ofertant who does not wish to provide the final offer can leave bidding procedure.

In case within the first biddings less than three ofertant are qualified, the biddings are cancelled.

22. The evaluation stage of final offers is performed in the following procedure:

a) transfer by the buying body to all to the selected candidates of invitations to participation with offers and specifications;

b) creation and departure by the buying body, at the request of the selected candidates, answers to explanations on the elements containing in documentation on the biddings;

c) acceptance by the buying body of the sealed envelopes containing offers and accompanying documents including in the electronic way, as necessary;

d) opening by the working group of the sealed envelopes including received in the electronic way which contain offers and accompanying documents, and creation of the protocol of opening of the second stage of the biddings;

e) accomplishment by the working group of the obligations assigned to it according to legislation provisions in the field;

f) transfer by the buying body of the message on results of the biddings with limited participation to all participating ofertant;

g) the conclusion the buying body and the ofertantom-winner of the agreement on public procurement of services in designing;

h) transfer by the buying body, including by e-mail, as necessary, agreements on public procurement of services in designing to the Agency for registration and the announcement of award of the agreement together with the report on procurement procedure.

23. For the purpose of ensuring the maximum transparency the buying body has the right to publish the announcement of participation and in other local, national or international mass media or on the Internet, but only after publication of this announcement in the Bulletin of public procurements and on the official page of the Agency on the Internet, at the same time it shall keep content and form of the published announcement in accuracy.

24. The buying body through working group shall provide creation of documentation on the biddings, observing provisions of the current legislation in the field of fight against the disloyal competition and corruption.

25. Contents of documentation on the biddings are established in Standard documentation according to appendix to this Provision.

26. Documents for participation in preliminary selection shall contain:

a) instructions for preparation and submission of requests for participation in preliminary selection;

b) summary of the main terms of the contract about purchases which shall be concluded as a result of the procedure of purchases;

c) the list of documents which shall be provided by the economic operator in confirmation of its qualification data;

d) data on procedure, the place and term of submission of requests for preliminary selection with indication of limiting date and time of representation;

e) any other requirements concerning preparation and submission of requests for preliminary selection and its procedures which are established by the buying body according to this Provision, others legislative and regulations.

27. The buying body shall provide one copy of documentation on the biddings by each economic operator from which the application for participation, at once after publication of the corresponding announcement in the Bulletin of public procurements and on the official page of the Agency on the Internet arrived.

28. Documentation on the biddings is made available to the economic operator by e-mail if such method of transfer is possible.

29. Documentation on the biddings can be made the buying body available to the economic operator only after its registration in the Agency.

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