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The document ceased to be valid since  March 24, 2017 according to Item 3 of the Order of the Government of the Republic of Moldova of  March 9, 2017 No. 134

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 24, 2009 No. 747

About approval of the Regulations on the organization and functioning of the Agency on public procurements, and also its extreme number

(as amended on 02-04-2013)

In pursuance of provisions of the Law No. 64-XII of May 31, 1990 on the Government (repeated publication: The official monitor of the Republic of Moldova, 2002, No. 131-133, of the Art. 1018), with subsequent changes and amendments, and 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), with the subsequent amendments, the Government of POSTANOVLYAET

1. Create the public procurements Agency subordinated to the Ministry of Finance with the status of the legal entity, as a result of reorganization by separation of the Agency of material reserves, public procurements and the humanitarian assistance, with the translation of personnel and acceptance of the material values and financial resources intended for accomplishment of obligations in the sphere of public procurements.

2. Approve:

Regulations on the organization and functioning of the Agency on public procurements according to appendix No. 1;

3. Establish the extreme number of the Agency on public procurements in number of 64 units, including 2 units of personnel on maintenance, with the annual salary fund according to the current legislation.

Prime Minister

Vladimir Filat

Countersigns:

Minister of Finance

 

Vyacheslav Negrutsa

Appendix No. 1

to the Order of the Government of the Republic of Moldova of November 24, 2009 No. 747

Regulations on the organization and functioning of the Agency on public procurements

Chapter I. General provisions

Scope

1. The regulations on the organization and functioning of the Agency on public procurements (further - the Provision) establish legal status of the Agency on public procurements, its place in structure of the central public management, the main functions, obligations, the rights, and also the organization of its activities.

 

Legal status of the Agency on public procurements and its place in structure of the central public management

2. The public procurements agency (in dalneyshemagentstvo) is the industry administrative authority subordinated to the Ministry of Finance.

3. The agency is legal entity, has treasurer accounts, owns seal with the image of the State Emblem with the name in state language and other necessary details.

Regulatory framework of activities of the Agency

4. In the activities the Agency is guided by provisions of the Constitution of the Republic of Moldova, presidential decrees of the Republic of Moldova, the Law on public procurements, ordinances, resolutions and orders of the Government, international agreements which party the Republic of Moldova is other existing regulations regulating the sphere of public procurements and also this Provision.

Chapter II. Mission, main functions, obligations and rights

Mission

5. The agency realizes state policy in the sphere of public procurements and provides regulation, supervision, control and cross-industry coordinating in the sphere of public procurements.

 

Main functions

6. The main functions of the Agency are:

1) implementation of regulations in the sphere of public procurements;

2) ensuring transparency and efficiency of public procurements;

3) ensuring the competition and fight against the disloyal competition during procedures of public procurements;

4) assessment of observance of procedures of public procurements by the buying bodies.

 

Obligations

7. For realization of the main Agency functions assigned to it carries out the following obligations:

Develops 1) and enacts standard documentation on procedures of public procurements;

2) provides to the buying bodies the methodological and advisory help in the sphere of public procurements;

3) is provided by personnel training of the buying bodies, participating in the organization, holding procedures of public procurements, and also representatives of economic operators;

4) is published by the Bulletin of public procurements;

5) keeps the "Public Procurements of the Republic of Moldova" web page on the global Internet;

6) is conducted by the Automated state register of public procurements;

Studies 7) and registers documentation on the biddings submitted by the buying bodies;

8) considers reports on procedures of public procurements;

Considers 9) and registers the contracts on public procurements signed as a result of holding procedures of purchases, except for the agreements signed by means of the procedure of request of price offers;

Considers 10) and resolves disputes between participants of procedures of public procurements;

Constitutes 11), staticizes and keeps the list of skilled economic operators and the list of the economic operators who are not allowed to participation in procedures of public procurements;

12) is coordinated by activities for use of foreign technical assistance in the sphere of public procurements;

13) submits to the Government quarterly and annual reports, and also statistic analyses on public procurements;

14) carries out other obligations established by the legislation.

7-1. At the territorial Agency level performs the functions by means of the territorial subdivisions. Methodological coordinating, the organization and coordinating of activities of territorial subdivisions are provided with internal division of the Agency.

 

Rights

8. The agency has the right:

1) to make suggestions for improvement legislative and regulations in the sphere of public procurements;

2) to participate in development and project implementation and programs for questions of public procurements;

3) to establish the relations and to cooperate with the similar agencies from other countries and with the international organizations;

4) to convene republican meetings, conferences and symposiums on questions of public procurements;

5) to organize meetings for discussion of the questions entering its competence, with participation of representatives of the buying bodies, economic operators and other specialized bodies;

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