of December 10, 2008 No. 1404
About approval of the Regulations on methods of calculation of estimated value of agreements on public procurements and their planning
For the purpose of ensuring execution of part (2) article 3 of the Law No. 96-XVI of April 13, 2007 on public procurements (The official monitor of the Republic of Moldova 2007, 470) the Government DECIDES: Art. No. 107-111,
first Deputy Prime Minister, Minister of Economy and Trade
Minister of Finance
Approved by the Order of the Government of the Republic of Moldova of December 10, 2008 No. 1404
1. For the purpose of requirements satisfaction in goods, works and services the buying body shall plan contracts on public procurements which will be signed as a result of holding procedures of public procurements with respect for the principles of ensuring the competition, efficiency, publicity, nondiscrimination and their not separation. It is necessary to understand the agreement on public procurements of goods, the agreement on public procurements of works and the agreement on public procurements of services as the term "agreement on public procurements".
1-1. In this Regulations on methods of calculation of estimated value of agreements on public procurements and their planning (further - the Provision) the following concepts are determined:
a) procurement plan - set of needs for goods, works or services for all budget period which need to be bought by the conclusion of one or more agreements on public procurements, depending on procedure for planning of these agreements;
b) the announcement of intentions - the announcement which shall be published in the Bulletin of public procurements within 30 days from the date of approval of the budget of the buying body which contains set of agreements on the public purchases provided to the conclusion until the end of fiscal year the cost of goods and which services is equal or more than 200000 lei, and for works - is equal or more than 1000000 lei;
c) planning of agreements on public procurements - determination of agreements on the public procurements intended for satisfaction of need for the goods, works and services for all fiscal year reflected in procurement plan of the buying body.
2. The agreement on public procurements which subject is both provision of services, and performance of works, is considered:
a) the agreement on public procurements of services if the estimated value of services is higher than estimated value of works;
b) the agreement on public procurements of works if the estimated value of works is higher than estimated value of services.
3. The agreement on public procurements which subject is both delivery of goods, and rendering services, is considered:
a) the agreement on public procurements of goods if the estimated value of products is higher than estimated value of the services provided in the relevant agreement;
b) the agreement on public procurements of services if the estimated value of services is higher than estimated value of the goods provided in the relevant agreement.
4. the item 4 is excluded according to the Order of the Government of the Republic of Moldova of 22.06.2010 No. 524
5. Calculation of estimated value of the agreement on public procurements is based on total amount for payment, excluding VAT, established by the buying body. Calculation of total amount for payment includes any payment method, including any kinds of awards, charges, commission, the got profit and/or the received payments, or payment for benefit of candidates or ofertant, at the same time any form of the possible choice and possibility of treaty extension are considered.
6. For agreements on public procurements of works when calculating estimated value the cost of works, total estimated value of the goods necessary for performance of works, and also the goods made available to the contractor by the buying body for the whole object which cannot be divided from the technical or technological point of view is taken into account.
7. If expected work, the project of public procurements of services or similar goods can lead to award at the same time of agreements in the form of separate lots, in case of award of agreements/agreements on public procurements the aggregate estimated value of all above-stated lots is taken into account.
8. For agreements on public procurements of goods which subject is sale in leasing hiring or installment purchasing, the cost which should be taken into account for basis of calculation of estimated value of the agreement is:
a) in case the duration of the agreement about public procurements is determined, - the total amount estimated for validity;
b) in case the duration of the agreement about public procurements is not determined or in case duration of the agreement cannot be determined, but it is supposed lasting more than 12 months, - the monthly cost increased on 48.
9. For agreements on public procurements of the goods or services which are characterized by regularity or intended for updating during the certain period of time, calculation the estimated value of the agreement is assumed as a basis:
a) total cost of the subsequent agreements of this type awarded within the next 12 months or fiscal year dated if it is possible, to change of quantity or cost which can arise within 12 months from the moment of the conclusion of the initial agreement;
b) aggregate estimated value of the subsequent agreements awarded within 12 months from the moment of the first delivery or within fiscal year if duration of the agreement exceeds 12 months.
If at the time of calculation of estimated value of the agreement on public procurement of goods the buying body did not establish procedure for their purchases, the estimated value is equated to the highest cost corresponding to each type of purchase of goods.
10. For agreements on public procurement of services the following will be the cost forming basis for calculation of estimated value of the agreement depending on case:
a) for the following types of service:
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