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LAW OF THE REPUBLIC OF MOLDOVA

of April 30, 1997 No. 1166

About purchase of goods, works and services for the state needs

(as amended on 30-04-1997)

This law determines the legal basis of implementation of purchases of goods, works and services for the state needs at the expense of public funds, and also the right and obligation of the Agency of material reserves, public procurements and the humanitarian assistance of working groups on purchases and suppliers (contractors).

The purpose of this law is ensuring profitability and efficiency of purchases, broad participation in procedures of purchases of suppliers (contractors), development of the competition between them, objectivity and impartiality of procedures of purchases and public trust to them.

Chapter I. General provisions

Article 1. Basic concepts

The concepts used in this law mean:

The agency of material reserves, public procurements and the humanitarian assistance - the division performing state regulation and cross-industry coordination in the field of government procurement;

the state customer - body of public management or the business entity performing procedures of purchases at the expense of public funds;

the working group on purchases - the group of specialists within body of public management or business entity performing procedures of purchases at the expense of public funds;

public procurements - purchase of goods, works and services for the state needs at the expense of public funds in any manner, not forbidden legislation;

public funds - means of the government budget, budgets of administrative and territorial units, the budget of the national social insurance, special funds, special means of public institutions, means of funds of compulsory medical insurance, the external loans relating to the direct or guaranteed public debt;

goods - products and objects of any kind and the description, including raw materials, in strong, liquid or gaseous state and electricity;

works - any works connected with construction, reconstruction, demolition, repair of buildings and production rooms;

services - any other, in addition to goods and works, objects of purchases;

the biddings - the competition held by the working group on purchases for the purpose of selection of optimum offers for implementation of public procurements;

the offer - the proposal of the supplier (contractor) on the conclusion of the purchase agreement of goods, works and services;

preferential margin - the percentage privilege applied in case of assessment of offers for the works which are carried out by domestic contractors or on goods of national production for the purpose of stimulation of participation in the biddings of domestic manufacturers and suppliers;

ofertant - the supplier (contractor) allowed (invited) to procedures of purchases;

the acceptance of the offer - consent to sign the agreement on the conditions specified in the offer;

the purchase agreement - the contract between the working group on purchases and the won ofertant which is signed by results of procedures of purchases according to this law and according to which the supplier (contractor) shall report to working group goods, work, service and working group shall accept them, having paid determined price;

providing the offer - the performance guarantee of the obligation provided by ofertant the working group on purchases and providing such forms as bank guarantees, guarantees, letters of credit \"stend-bay \" checks by which primary obligation is incurred by any bank, deposits in cash, simple and drafts;

ensuring agreement performance - the performance guarantee of obligations according to the purchase agreement provided by ofertant to working group and providing the providing forms stated in the previous paragraph;

offer currency - the legal monetary unit of the Republic of Moldova or other state applied in the course of implementation of purchases.

Article 2. Legislation on purchases

The legislation on purchases consists of this law and other regulations on purchases.

Article 3. Scope of the law

(1) This law extends to all procurements conducted in the Republic of Moldova for the state needs through public funds, except for the purchases made for the purpose of resale.

(2) If international treaties or agreements, one of the parties of which is the Republic of Moldova, other regulations are established, than those which are provided by this law are applied regulations of the international treaty or the agreement.

Article 4. Subjects and subjects to purchases

(1) Subjects of purchases are physical persons and legal entities of the Republic of Moldova and other states irrespective of type of property and form of business (further - suppliers (contractors) performing in accordance with the established procedure the activities. The rights and interests of subjects of purchases are protected by this law and other regulations concerning purchases.

(2) Subjects to the procurements conducted according to this law are goods and services which total cost exceeds 10 000 lei, and also works which total cost exceeds 20 000 lei. The purchase which is not exceeding the specified total cost is performed according to the Regulations on purchases of goods, works and services in low price approved by the Government.

Chapter II. State regulation of purchases

Article 5. State regulation of purchases

(1) For ensuring accomplishment of this law, implementation of state regulation and cross-industry coordination in the field of purchases under the Government the Agency of material reserves, public procurements and the humanitarian assistance (further - the Agency) which is the central administrative authority is created.

(2) In the activities the Agency is guided by the Constitution of the Republic of Moldova, this law and other regulations.

(3) the Agency exercises control of legality of carrying out the tender or procedures for direct negotiations for the state needs and in case of violation of the current legislation cancels their results.

(4) For accomplishment of the tasks assigned to it the Agency:

a) develops regulations about purchases;

b) gives to the working groups on purchases methodical help in questions of purchases, develops and publishes forms of tender and other documentation, obligatory for application;

c) publishes the Bulletin of public procurements, and also designs and keeps the website invitations to participation in the biddings, the announcements concerning purchases and their advertizing and also information on procedures of purchases are published in the Internet in which;

d) registers documents and results of the prequalification (further - preliminary selection) held by the working groups on purchases;

e) registers the tender documents developed by the working groups on purchases;

f) considers the reports on procedures of purchases submitted by the working groups on purchases;

g) registers on the basis of reports the purchase agreements signed by tender method and by method of purchases from one source;

h) considers claims of suppliers (contractors) and makes on them decisions;

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