of May 27, 2016 No. 666
About approval of the Regulations on purchase of goods and services by request of price offers
1. Approve Regulations on purchase of goods and services by request of price offers according to appendix No. 1.
2. Recognize invalid the orders of the Government according to appendix No. 2.
Minister of Finance
Octavian to Armash
Appendix № 1
to the Order of the Government of the Republic of Moldova of May 27, 2016 No. 666
1. For the purposes of this provision the following concepts are used:
request of price offers – the procedure of award of agreements on public procurements of goods and/or services which is carried out according to specific specifications;
the invitation to participation – the information sent by the buying body to directly economic operator, containing information on the name and the address of the buying body, technical and quality characteristics of required goods or services, procedure for creation of offers, method, the place and limiting date of submission of offers, effective period of offers, basic provisions of the agreement on public procurements, qualification requirements to ofertant, criteria for evaluation of offers, etc.
2. The regulations on purchase of goods and services by request of price offers (further – the Provision) establish legal grounds for the organization and holding procedure of request of price offers for the purpose of ensuring profitability and efficiency of purchases of goods and services, requirements satisfaction of the buying bodies in goods and services, broad participation of economic operators in the procedure of public procurements and development of the competition between them.
3. The agreement on public procurements is signed according to the annual plans of purchases constituted and approved in accordance with the established procedure.
5. Purchase agreements are signed for a period of one fiscal year, but for purchases of goods and services which implementation period much more year, the agreement can be signed on all purchase, but its subsequent accomplishment is provided within the assignments which are annually provided for these purposes and specified in the agreement.
6. The procedure of purchases by request of price offers is applied by any buying body interested in purchase of the goods or services necessary for satisfaction of own needs according to the annual plan of purchases if purchase cost without the value added tax does not exceed 400 000 lei.
7. For purchase of goods and/or services which estimated value without the value added tax does not exceed 150000 lei the buying body sends the invitation to participation, including with use of the List of skilled economic operators so that by deadline for offers at least three offers were registered.
8. For purchase of goods and/or services which estimated value without the value added tax exceeds 150000 lei the buying body publishes previously the invitation to participation in the Bulletin of public procurements.
9. The buying body prepares the invitation to participation in state language or, if necessary, in one of languages of the international communication, according to the sample provided in appendix No. 1 to this Provision.
10. The buying body assigns to the invitation to participation registration number with the corresponding date.
11. The invitation to participation can be transferred by mail, direct delivery, by fax, by e-mail or the combined way. In all cases this fact is registered.
12. The invitation to participation is transferred free of charge at the same time to all economic operators.
13. In the context of Item 8 the buying body directs to the Agency of public procurements in printing and electronic form, the announcement to participation, according to the sample provided in appendix No. 2 to this Provision.
14. Requirements concerning qualification of economic operators are accurately provided in the invitation/announcement on participation.
15. The economic operator can request from the buying body of explanation, the concerning invitations/announcements on participation, no more than in 3 calendar days prior to the expiration of submission of offers. On any request such buying body gives the answer within one calendar day, but no later than one day before the expiration of submission of offers.
16. The offer moves the interested economic operator to the address of the buying body any of methods, stipulated in Item the 11th this provision.
17. Any economic operator has the right to participate or not to participate in the procedure of purchases.
18. In the invitation/announcement on participation by the buying body the deadline of submission of offers economic operators had sufficient time for creation of offers and other required documents is established.
19. The offers provided with delay are registered in accordance with the established procedure and return to ofertant without acceptance to attention at evaluation stage.
20. The deadline of submission of offers constitutes at least 7 calendar days - for goods and at least 12 calendar days - for services.
21. The term specified in Item 20 of this provision is estimated after the date of transmission of the invitation to participation by the buying body or in the cases provided in Item 8 of this provision from the moment of publication the announcement on participation in the Bulletin of public procurements.
22. Offers are represented in state language, except as specified, when the invitation/announcement on participation provides other language for creation of offers.
23. Economic operators affect as directed in the invitation/announcement participation and submit the offer and qualification documents, observing the deadlines and time specified in the invitation/announcement participation.
24. The offer is constituted accurately, without corrections, with number and date of exit, certified by the signature of the responsible person and seal of the economic operator.
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