ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 27, 2016 No. 665

About approval of the Regulations on public procurements of small cost

1. Approve Regulations on public procurements of small cost, according to appendix No. 1.

2. Recognize invalid some orders of the Government, according to appendix No. 2.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of May 27, 2016 No. 665

Regulations on public procurements of small cost

I. General provisions

1. The regulations on public procurements of small cost (further – the Provision) establish legal grounds for implementation of public procurements of goods, works and services of small cost.

2. Public procurements of small cost represent the agreements on public procurements planned and signed by the buying bodies which estimated value, excluding tax on value added, does not exceed 80 000 lei for goods and services and 100 000 lei for works.

3. The agreement on public procurements of small cost represents the paid legal act signed according to requirements of this provision, presented in the form of the invoice for payment if its cost does not exceed 10 000 lei, without the value added tax, or in agreement type, concluded by the buying body with the economic operator if its cost exceeds 10 000 lei.

4. When implementing public procurements of small cost the buying body provides effective use of financial resources, transparency, objectivity and impartiality of purchasing process, and also public trust to it.

5. Crushing of the planned purchases of goods, works and services for the purpose of application of rules of this provision and avoidance of the procedure of public procurements, stipulated by the legislation in the field of public procurements is not allowed.

6. Rules of this provision are applied to all goods, works and services, irrespective of their specifics and characteristics, except for those which, according to the legislation, belong to the state secret and need special measures of safety.

II. General terms of application

7. Public procurements of small cost are conducted by the buying body based on annual plans of public procurements or in case of extreme urgency owing to emergence of unplanned needs or contingencies. The reasons of extreme urgency are established by working group in the protocol.

8. Identification and planning of agreements on public procurements of small cost are performed according to the basic rules of calculation of estimated value of agreements on public procurements, stipulated by the legislation.

9. Planning, the conclusion and implementation of agreements on public procurements of small cost without availability of financial resources or, at least, without proof of their allocation or guarantee of allocation is forbidden.

10. Calculation of estimated value of the agreement on public procurements of small cost is based on all-in cost for the payment calculated by the buying body, excluding tax on value added.

11. If at the time of agreement signature about public procurements of small cost estimated value it is unforeseen exceeds, excluding tax on value added, 80 000 lei for goods and services and 100 000 lei for works, the buying body refuses this agreement and applies one of procedures of the public procurements established by the legislation in the field of public procurements.

12. The buying body has the right to apply one of procedures of the public procurements established by the legislation in the field of public procurements even if estimated cost of agreements on public procurements, without the value added tax, does not exceed 80 000 lei for goods and services and 100 000 lei for works. In this case all requirements established by the legislation for this procedure of public procurement shall be observed strictly.

III. Award of the agreement on public procurement of small cost

13. In case of award of the agreement on public procurement of small cost risk minimization for the buying body, efficiency of purchase, and also single, impartial and non-discriminatory approach to all ofertant and economic operators are provided.

14. Any economic operator, resident or the nonresident, physical person or legal entity of public or private law or group of such persons has the right to participate in the procedure of award of the agreement on public procurement of small cost on condition of observance of requirements of this provision.

15. The agreement on public procurement of small cost is signed, according to requirements of this provision, on all amount allocated for year for this agreement.

16. The agreement on public procurement of small cost of works which completion date constitutes over a year can consist on all purchase, but its execution shall be provided within the annual assignments provided for this purpose.

IV. Agreement performance about public procurement of small cost

17. The term or terms of a contract taking into account needs of the buying body are calculated depending on features or complexity of purchase and the real term requested for production, completion and delivery of goods to destination for performance of works or rendering services.

18. Agreement performance conditions about public procurement of small cost shall not contain, directly or indirectly, the discriminating provisions.

19. Change of any element of the signed agreement and inclusion in it of new elements are forbidden if it can entail change of conditions which formed the basis for the choice of the economic operator, and agreement value addition.

20. The buying body has no right to increase the amount of goods, works and services established by the signed agreements.

21. The economic operator shall satisfy strictly conditions of the signed agreement, observing the established requirements for quality, term and the price. Failure to carry out or inadequate accomplishment of contractual commitments involves responsibility of the economic operator according to the legislation and terms of the contract.

22. In relation to the head of the buying body which did not apply or did not take measure for application of sanctions against the economic operator who did not satisfy or satisfied in an inadequate way the terms of the contract, bodies equipped with control functions apply financial sanctions according to the legislation.

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