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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 4, 2013 No. 774

About approval of the Regulations on implementation of public procurements using the electronic biddings

For the purpose of accomplishment of part (2) article 56 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) DECIDES: the Government

1. Approve Regulations on implementation of public procurements using the electronic biddings it (is applied).

2. The procedures of public procurements which are in process of implementation at the time of entry into force of this Resolution come to the end according to the procedure, established for date of initiation of these procedures.

Prime Minister

Iurie Leanca

Countersigns:

Minister of Finance

 

Anatol Arapu

Approved by the Order of the Government of the Republic of Moldova of October 4, 2013 No. 774

Regulations on implementation of public procurements using the electronic biddings

The regulations on implementation of public procurements using the electronic biddings (further - the Provision) are partial transposition of the Directive 18/2004/EU of the European Parliament and Council of March 31, 2004 about coordination 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.

I. General provisions

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

the electronic biddings - the repeating process which provides use of electronic means for representation on the decreasing new prices and/or new values corresponding to certain elements of the offers established after primary complete assessment of offers which allows to classify them by means of the automated evaluation methods;

documentation on award - documentation including all data connected with the subject of the agreement about public procurements and procedure procedure including instructions for candidates, the contractual conditions, and also the specifications concerning goods/services/works, conforming to requirements of the buying body concerning the subject of the agreement which is subject to award including quality requirements of materials/goods, applicable standards and technical regulations, environment protection, labor protection, the used technologies, transportation of construction freights, inspections, tests, checks, changes, measurements, etc.;

the invitation to participation - the document directed by the buying body (in electronic form and in advance stipulated methods) by means of which economic operators are invited to participate in procedure of the electronic biddings;

round - the period (stage) during which input in electronic system of the new prices and/or new values corresponding to certain elements of offers is allowed;

bid increment - the minimum value / the minimum percent used by ofertant for the purpose of establishment of new prices and/or new values of certain elements of offers during the electronic biddings;

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.

Section 1. Transparency

2. The buying body shall provide the publication in the Bulletin of public procurements, and also in need of the Official magazine of the European Union through the Agency of public procurements of public announcements of intention, participation and award of the agreement on public procurements according to provisions of the Law on public procurements No. 96-XVI of April 13, 2007.

3. For the purpose of ensuring the maximum transparency the buying body has the right 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 website of the Agency of public procurements or only after the publication of the announcement in the Official magazine of the European Union in case 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.

4. The buying body shall publish in the Bulletin of public procurements and on the website of the Agency of public procurements, and also if necessary and in the Official magazine of the European Union the announcement of award of the agreement on public procurements within no more than 30 calendar days from the date of its conclusion.

II. Implementation of the procedure of public procurements using the electronic biddings

Section 2. Conditions of application of the procedure of the electronic biddings

5. The buying body has the right to apply the procedure of the electronic biddings in the following cases:

a) as the final stage of the procedure of open tenderings, biddings with limited participation, request of price offers or the negotiation procedure, with the preliminary publication of the announcement of participation in case of submission of the wrong or unacceptable offers within the procedure of open tenderings, biddings with limited participation or competitive dialogue, before award of the agreement on public procurements and only in the presence of accurately established technical specifications in specifications;

b) in case of renewal of tender between the economic operators who signed the framework agreement on the conditions provided by this Provision;

c) in connection with submission of firm offers for the purpose of award of the agreement on public procurements using dynamic purchasing system.

6. The buying body shall report about the decision to apply the procedure of the electronic biddings in the announcement of participation and in documentation on award.

7. The buying body has no right to apply the procedure of the electronic biddings in an unauthorized or inappropriate way on purpose:

a) preventing, restrictions or misstatements of the competition;

b) changes of the subject of the agreement about public procurements in a different way in addition to provided in the announcement of participation and in documentation on award.

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