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The document ceased to be valid since December 23, 2018 according to Item 2 of the Order of the Government of the Republic of Moldova of November 21, 2018 No. 1129

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 19, 2010 No. 640

About approval of the Regulations on periodic review of cost of agreements on the public procurements of continuous execution concluded for the term of more than one year

For the purpose of accomplishment of part (4) article 69 of the Law on public procurements No. 96-XVI of April 13, 2007. (The official monitor of the Republic of Moldova, 2007, Art. No. 107-111, 470), with subsequent changes and amendments, and applications of transparent and effective method of periodic review of cost of the agreements on public procurements of continuous execution signed for the term of more than one year, the Government DECIDES:

Approve Regulations on periodic review of cost of the agreements on public procurements of continuous execution signed for the term of more than one year it (is applied).

 

Prime Minister

 

Vladimir Filat

Countersign:

Deputy Prime Minister,

Minister of Economic Affairs

 

 

Valeriou Lazare

Minister of Finance

Vyacheslav Negrutsa

Minister of Construction and

regional development

 

Marchel Redukan

Approved by the Order of the Government of July 19, 2010 No. 640

Regulations on periodic review of cost of the agreements on public procurements of continuous execution signed for the term of more than one year

Section 1. General provisions

1. The regulations on periodic review of cost of the agreements on public procurements of continuous execution signed for the term of more than one year (further - the Provision), aim at establishment and application of transparent and effective single method of periodic review of cost of the contracts on public procurements of continuous execution signed for the term of more than one year.

2. For the purposes of this provision the following concepts are used:

the agreement on public procurements signed for the term of more than one year - the agreement on public procurements of goods, works and services which term of realization exceeds one year;

review of cost of the agreement about state zakupkakhvneseniye of changes in residual cost of the agreement on public procurements owing to inflation or deflation;

unit price - the price formed on the basis of the cost amount (excluding VAT) of the resources (work, materials and/or structural elements, the equipment) necessary for accomplishment of one unit of measure of the technological transaction provided in cost budget.

3. Transactions on review of cost of agreements on public procurements of continuous execution are performed no more once for one fiscal year. Review is made for the beginning of fiscal year, directly after publication of statistical data about the inflation indexes or deflation of last year, including under the agreements signed last year and which are in process of execution less than one year.

The financial resources allocated and performed in the appropriate order in the first budget year of agreement performance are not subject to revision.

4. Requirements of this provision do not extend to the contracts on public procurements of continuous execution in interrelation signed for the term of more than one year with economic nonresident operators if the procedure for review of its cost is provided in the standard agreement of relations which is approved/published by the economic operator.

Section 2. The procedure of consideration of request about review

5. Review of cost of the agreement on public procurements of continuous execution can be requested in writing:

a) economic operator;

b) the buying body (on own initiative or according to the offer of the body equipped according to the law with control functions).

6. Review of cost of the agreement on public procurements is performed on condition of simultaneous observance of the following requirements:

a) the agreement on public procurements of goods, works or services of continuous execution is signed for the term of more than one year;

b) the agreement party which requested about review of cost of the agreement fulfilled contractual commitments;

c) the formula of review of cost of the agreement was established by the buying body as in purchasing documents or in other documents on attraction of offers according to the applied procedure of purchases, and in the agreement on public procurements;

d) the request does not exceed 60 days from the date of publication of statistical data about the inflation indexes or deflation of last year.

7. The agreement party to which the request about review of cost of the agreement arrived shall submit the corresponding explanation in writing in 20-day time from the date of the address.

8. Consideration of request of the economic operator or the offer on review made by the body equipped according to the law with control functions in the field is performed by the buying body through the working group on purchases, with creation of the relevant protocol.

9. In the course of consideration of the address the buying body has the right to invite experts in the field who will provide written and/or oral reports during the meeting on consideration of the address.

10. The buying body rejects the address without consideration if it does not conform to requirements of Item 6 of this provision.

11. Acceptance of request assumes creation of the supplementary agreement to the agreement on public procurements signed by the buying body and the economic operator.

12. After signing the supplementary agreement and the report with the enclosed supporting documents (request for review, the protocol of working group, confirmation for the corresponding agreement performance, the copy of the initial agreement) are submitted within 5-day term to public procurements Agency for consideration and registration.

13. The supplementary agreement registered by public procurements Agency is also registered the buying bodies which control of financial resources is exercised through system of treasury in one of divisions of the State Treasury. The supplementary agreements which are not registered in accordance with the established procedure have no legal force.

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