of September 13, 2010 No. 834
About approval of the Regulations on public procurements of works
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, Art. No. 107-111, 470), with subsequent changes and amendments, the Law No. 721-XIII of February 2, 1996 on quality in construction (The official monitor of the Republic of Moldova, 1996, Art. No. 25 259), with subsequent changes and amendments, and applications of single methodology on planning, initiation and holding procedures of public procurements of works DECIDES: the Government
1. Approve Regulations on public procurements of works it (is applied).
2. Finish from the date of enforcement of this provision of the procedure of public procurements of works, being in development, according to the legal statuses operating on the date of the beginning of the corresponding procedures.
3. Recognize invalid:
The order of the Government No. 1123 of September 15, 2003. "About approval of the Regulations on public procurements of works" (The official monitor of the Republic of Moldova, 2003, Art. No. 204-207, 1181);
The order of the Government No. 1390 of December 16, 2004. "About approval of changes and additions which are made to the Order of the Government No. 1123 of September 15, 2003" (The official monitor of the Republic of Moldova, 2004, Art. No. 237-240, 1591).
Deputy Prime Minister,
Minister of Economic Affairs
Minister of Finance
Minister of Construction and
Approved by the Order of the Government of the Republic of Moldova of September 13, 2010 No. 834
1. In this Provision the following basic concepts are used:
public procurement of works - purchase of the works connected with construction of any categories, and the installations relating to them and also the works which are carried out during the existing designs (upgrade, changes, transformation, strengthening, expansion and repair) for needs of one or several buying bodies;
the agreement on public procurements of works - the paid legal document concluded between the buying body and the economic operator for the purpose of performance of works;
standard documentation on realization of public procurements of works - documentation approved by the Government which contains all information connected with the subject of the agreement about public procurements of works and the procedure of their provision, including the instruction for ofertant, specifications, contractual conditions and descriptive documentation;
providing the agreement - ensuring accomplishment of the obligations provided in the agreement on public procurements of works signed between the buying body and ofertant to whom the agreement was awarded;
most technical and economically the profitable offer - the offer recognized won according to the criteria established by this Provision and determined within the procedures of award of agreements on public procurements of works;
the economic operator - the contractor, any physical person or legal entity, any public organization or consolidation of persons and/or the organizations which perform works;
the offer - the proposal of the economic operator on the conclusion of the agreement on public procurements of works;
the technical offer - the offer document developed on the basis of documents on the biddings, established by the buying body;
the financial offer - the offer document in which information required by documentation on the biddings or the invitation to participation on the prices, rates, other financial and commercial conditions is provided;
specifications - the written documentation submitted as component of documents on the biddings or invitations to participation which disaggregates specifications on performance of works, quality requirements of materials, environmental protection, labor protection, the applied standards and technical regulations, technologies, transportations on the building site, inspection, testing, checks, changes, measurements etc.;
documentation on the biddings - the documents established according to standard documentation on realization of public procurements of works for the procedure of open tenderings;
the period of action of the offer - period of time which begins with the moment of opening of offers, specified as in the invitation to participation in the procedure of purchases, and in the text of the offer which shall be provided, and during which the offer has legal effect.
2. The works which are subject of agreements on public procurements of works are specified in appendix to this Provision.
3. Agreements on performance of works, the investments concluded for the purpose of realization, are agreements on public procurements of works if the approximate cost of installation and construction works constitutes less than 20% of total cost of the corresponding investment which realization is integral part of the purposes of the relevant agreement.
4. In that case when the subject of the agreement is realization of investments which completion requires accomplishment of complex of installation and construction works and acquisition of processing equipment, installations, equipment or other equipment connected with this investment, the cost of the agreement is determined taking into account the cost of all investment. Separate acquisition by the buying body of processing equipment is allowed if the buying body adduces powerful arguments about efficiency such is acquisition sorts.
5. The buying body shall determine the cost of the agreement on public procurements of works according to the average prices established now in the market with observance of requirements of the Regulations on procedure of payments of estimated value of agreements on public procurements and their planning approved by the Order of the Government No. 1404 of December 10, 2008.
6. Any economic operator considering that within the procedures of purchases of works the buying body as the decision or in the way of application of procurement procedure with violation of the law violated its legitimate right owing to what he suffered or can suffer losses, has the right to appeal the decision or the procedure applied by the buying body, according to the procedure, established by provisions of the Law No. 96-XVI of April 13, 2007 on public procurements.
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