of September 26, 2013 No. 766
about approval of the Regulations on implementation of public procurements using dynamic system
For the purpose of execution of article 55 of the Law No. 96-XVI of April 13, 2007 on public procurements (The official monitor of the Republic of Moldova, 2007, No. 107111, the Art. 470) DECIDES: the Government
Approve Regulations on implementation of public procurements using dynamic system it (is applied).
Minister of Finance
Approved by the Order of the Government of the Republic of Moldova of September 26, 2013 No. 766
The regulations on implementation of public procurements using dynamic system (further - the Provision) are partial transposition of the Directive 18/2004/EU of the European parliament and Council of March 31, 2004 about approval of procedures of award of agreements on public procurements of works, goods and services published in the Official magazine of the European Union by L 134 of April 30, 2004.
1. For the purposes of this provision the following concepts are used:
dynamic purchasing system - the process of purchases of goods for the current use which is completely transferred to electronic basis which characteristics are public in the market and conform to requirements of the buying body, at the same time the system is limited in time and is available throughout all this time to any economic operator corresponding to selection criteria and representing the approximate offer according to required conditions;
documentation on award - documentation including all data connected with the subject of the agreement about public procurements and procedure procedure including instructions for ofertant, contractual conditions and specifications;
the announcement of participation - the document transferred to the buying body in electronic form in which ofertant are invited to participation in dynamic purchasing system;
the approximate offer - the offer developed by the economic operator for the purpose of receipt of access to dynamic purchasing system;
the technical offer - the offer document developed based on the requirements containing in documentation on award, established by the buying body;
the financial offer - the offer document in which information requested in documentation on award concerning the prices, rates, other financial and trade conditions is provided;
electronic means - the means using the equipment of electronic processing (including digital compression) and the accumulatings of the data distributed, transferred and received by means of cable, radio optical or other electromagnetic devices.
2. The buying body shall provide the publication in the Bulletin of public procurements, and also, as necessary, and in the Official magazine of the European Union of public announcements by means of public procurements Agency (further - the Agency) about participation and about award of the agreement on the public procurements conforming on form and content to the requirements established by the legislation on public procurements, and documentation on award for implementation of public procurements.
3. The buying body shall publish in the Bulletin of public procurements and on the official page of the Agency, and also, as necessary, and in the Official magazine of the European Union the announcement of award of the agreement on public procurements no later than within 30 calendar days from the date of its conclusion. The buying body can quarterly rearrange these announcements. In this case the rearranged announcements shall be transferred during no more than 30 calendar days after the termination of every quarter.
4. The buying body has the right for the purpose of ensuring the maximum transparency to publish the announcement of participation and in other local, national or international mass media, and also in the Internet, however only after the publication of this announcement in the Bulletin of public procurements and on the official site of the Agency on public procurements or only after publication of the announcement in the Official magazine of the European Union when it is obligatory, at the same time he shall observe content and form of the published announcement in accuracy. In the announcement of participation it shall be specified whether the procedure will come to the end with carrying out the final stage of the electronic biddings.
5. The buying body has the right to apply dynamic purchasing system only by means of electronic system and only to purchase of goods of the current use which characteristics are public in the market and conform to requirements of the buying body.
6. At all stages of dynamic purchasing system before award of the agreements signed as a result of use of this system, the working group of the buying body shall follow rules of carrying out open tenderings.
7. The estimated value represents most estimated value, excluding VAT, of all agreements on public procurements which as it is supposed, will be awarded as a result of application of this dynamic purchasing system during all term of its application.
8. Effective period of dynamic purchasing system is limited four years, and exceptions are allowed in the presence of the due bases.
9. The dynamic purchasing system is implemented in two stages:
a) preliminary selection of ofertant which remains open during all term of application of dynamic purchasing system;
b) repeated stage of award of each agreement within dynamic purchasing system or by application of the procedure of the electronic biddings.
10. The buying body has no right to apply dynamic purchasing system in an unauthorized or inappropriate way for the purpose of obstacle, restriction or misstatement of the competition.
11. Award of service provision agreements and about performance of works cannot be subject of dynamic purchasing system.
12. For start of dynamic purchasing system and award of agreements on public procurements within this system the buying body shall use only electronic means, observing at the same time the provisions concerning rules of the message and transfer of offers.
13. In case of start of dynamic purchasing system the buying body shall:
1) to publish the announcement of participation in which it shall be accurately specified that award of agreements on public procurements is performed within dynamic purchasing system and also the address of the website on which documentation on award is posted is given;
To provide 2) by means of electronic means, since the moment of the publication of the announcement of participation and before the expiration of application of dynamic purchasing system, unrestricted, direct and comprehensive access to contents of documentation on award.
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