of May 27, 2016 No. 667
About approval of the Regulations on activities of working group on purchases
1. Approve Regulations on activities of working group on purchases, according to appendix No. 1.
2. Recognize invalid some orders of the Government according to appendix No. 2.
Minister of Finance
Octavian to Armash
Appendix No. 1
to the Order of the Government of the Republic of Moldova of May 27, 2016 No. 667
2. The working group represents group of specialists within the buying body which will organize and performs the procedure of public procurements for satisfaction of needs of the buying body or merging of such bodies.
3. The working group is created by the special decision (order) or the order as a part of at least 5 people, in with authority reasonable cases as a part of at least 3 people, including the head of working group – person having the right of the first signature in the relevant organization or person authorized by this organization and the secretary of working group. The buying body can create several working groups on purchases depending on area in which procurement is conducted.
4. Employees and specialists of the buying body within the number of staff and the established salary fund, and in case of consolidation – and workers of merging of bodies, on their request are part of working group. In the course of activities of working group as members consultants – specialists/experts in area in which procurement is conducted, having the right to vote only in the cases provided in the decision (order) or the order on creation of working group can be invited in writing.
5. The buying body without fail shall include in structure of the working group of representatives of civil society in case of receipt of the written application in two days prior to deadline for offers, but they cannot constitute more than a third of general structure of group. The representatives of civil society included in working group have rights of advisory vote or the right to special opinion which is brought in the solution of the corresponding working group.
6. The statement provided in Item 5, shall include, at least, the name of the organization, name and surname of her representative, the copy of the document confirming powers, or surname and name of physical person; legal and postal or home address; contact information, including the e-mail address; procurement procedure for which inclusion in structure of the working group is requested.
7. If the statement does not conform to the requirements provided in Item 6, the buying body returns this application for its corresponding creation. Return of the statement does not recover the representative of civil society in the terms provided in Item 5.
8. Inclusion of the representative of civil society in structure of the working group is carried out for each competitive procedure separately.
9. The buying body has the right to include representatives of civil society in structure of the working group without restriction provided in Item 5.
10. The working group provides registration of statements, specified in Item 5, and obligatory informing representatives of civil society from whom the corresponding statements, about their inclusion / non-inclusion in structure of the working group, and also about date, the place and time of holding draw in the case provided in Item 11, no later than one day till deadline for offers arrived.
11. In case of giving of bigger number of statements, than the most admissible quantity in the ratio with quantity of workgroup members with the right of advisory vote, the working group appoints applicants for inclusion in structure of the working group by means of draw.
12. For holding draw the working group in the presence of representatives of civil society prepares tickets in the quantity equal to representatives of civil society, having numbered them in figures 1, of 2, 3... n, places them in envelopes, and then in ballot box which content is shown previously to all representatives in order that they were convinced of absence in it other tickets. Representatives of civil society in the presence of workgroup members get on one envelope with ticket from ballot box. The draw is carried out according to the procedure of submission of statements by them on participation. The chosen number promotes arrangement of places according to the procedure of increase according to which representatives of civil society will be included working group, since No. 1, of 2, 3... n, with observance of the restriction provided in Item 5.
13. In the absence of the representative of civil society the envelope with sequence number is got by the chairman of working group or where it is applicable, one of her members; this fact is entered in minutes.
14. The working group constitutes the protocol, according to appendix No. 2 to this Provision, about arrangement of representatives of civil society, including those who will be included in structure of the working group which is signed by all workgroup members. Each participant of draw is handed the copy of the protocol.
15. Representatives of civil society are appointed in structure of the working group by the special decision (order) or the order published according to each competitive procedure separately which surely is placed on the web page of the buying body and/or in a visible place in the building of the buying body no later than one day till deadline for offers.
16. The working group can be dismissed, and its structure can be changed only by the buying body which created it the special decision (order) or the order, as necessary.
17. The working group performs the activities according to the current legislation, observing the principles of transparency, publicity, objectivity, impartiality and efficiency of implementation of public procurements.
18. The buying body in the special decision (order) or the order on creation of working group / working groups accurately establishes obligations of each working group (if two or more are created) and function of each member of group separately, necessary for accomplishment within the procedures of public procurements.
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