of May 27, 2016 No. 668
About approval of the Regulations on implementation of public procurements by means of the negotiation procedure
1. Approve Regulations on implementation of public procurements by means of the negotiation procedure, 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. 668
1. For the purposes of this provision the following concepts are used:
the negotiation procedure – the procedure by means of which the buying body holds consultations with previously selected/selected candidates and conducts negotiations concerning terms of the contract, technical details, including the price, with one or with several of them;
the candidate – any economic operator delivering goods, performing works and/or rendering services who can be physical person or legal entity, government institution or association of such persons and/or structures, presented the candidacy during the first stage of the negotiation procedure;
the candidate – documents by means of which the candidate confirms the private means, capability to perform professional activity, economic and financial position, technical and professional aptitudes;
documentation on award – documentation including all data connected with the subject of the agreement about public procurements and the procedure of its award including specifications or, as necessary, descriptive documentation;
the preliminary offer – the document in which the candidate proposes the provisional solutions conforming to the requirements and requirements of the buying body provided to documentation on award;
the final offer – the financial and technical offers which are drawn up as a result of completion of rounds/rounds of negotiations;
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;
technical specifications – in case of agreements on public procurements of works, set of the technical instructions containing, in particular, in specifications, determining characteristics of material, products or goods and allowing to characterize them for the purpose of compliance to use method provided by the buying body. Ecological indicators, designing for all types of use (including access for persons with limited opportunities) and assessment of conformity, operational qualities, safety or the sizes, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labeling, and also process and methods of production belong to these characteristics. Besides, characteristics include regulations of designing and calculation of works, test conditions, check and acceptance of works, and also the equipment or methods of construction and all other conditions of technical nature which the buying body is capable to provide in the general or special regulations concerning complete works, and also materials or their elements;
the technical specification – in case of agreements on public procurements of goods or services, the specification containing in one of documents determining required product characteristics or services which treat the quality level, ecological indicators, designing for all types of use (including access for persons with limited opportunities) and assessment of conformity, indicators, safety or the sizes, including the instructions applied to products as that is required by the name under which it is placed in the market, terminology, symbols, testing and test methods, packaging, marking and labeling, and also process and methods of production and assessment procedure of compliance;
the standard – the technical specification approved by the appointed body for standardization for the purpose of repeated or permanent use which is not obligatory and enters one of the following categories:
- the international standard – the standard accepted by International Organization for Standardization and available to wide range of users;
- the European standard – the standard accepted by the European standardization organization and available to wide range of users;
- the national standard – the standard accepted by national authority on standardization and available to wide range of users;
the joint technical specification – the technical specification developed according to the procedure recognized as member countries of the European Union and published in the Official magazine of the European Union;
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