ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 27, 2016 No. 669

About approval of the Regulations on public procurements of works

1. Approve Regulations on public procurements of works 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. 669

Regulations on public procurements of works

I. General provisions

1. For the purposes of this provision the following concepts are used:

public procurement of works – purchase of the works connected with the structures of any categories and installations relating to them, and also the works on intervention which are carried out during existence of structures (upgrade, changes, transformation, strengthening, expansion and repair), for needs of one or several buying bodies;

the agreement on public procurements of works – the agreement on public procurements which subject is either accomplishment, or designing and accomplishment of construction works, or accomplishment by any methods of any work meeting specific needs of the buying body;

documentation on award – documentation containing all information connected with the subject of the agreement about public procurements and the procedure of its award including the specification or, on circumstances, descriptive documentation;

the specification – the written documentation which is component of documentation on award in which specifications of performance of works, the quality requirement of materials, the applied standards and technical regulations, requirements to environmental protection, labor protection, technology, transportations on the construction site, inspection, tests, checks, changes, measurements, etc. are in detail provided;

the most profitable offer from the technical and economic point of view – the offer recognized won according to the criteria established by this Provision and determined within the procedures of award of agreements on public procurements of works;

the economic operator – the contractor who can be any physical person or legal entity, the public organization or consolidation of such persons and/or the organizations which perform works;

the offer – the legal act by means of which the economic operator expresses readiness of accomplishment of obligations, from the legal point of view, the agreement on public procurements. The offer includes the technical and financial proposal;

the technical proposal – the part of the offer developed based on the requirements stated in the specification or, for circumstances, in descriptive documentation;

the financial offer – the part of the offer including price information, to rate, other financial and commercial conditions designed to meet requirements, stated in documentation on award;

repeated procurement procedure – the repeated procedure of award of the agreement on public procurement of works if initial terms of the contract did not undergo essential changes;

the period of action of the offer – period of time which begins with the moment of opening of offers, specified both in documentation on award, and in the text of the offer which shall be provided, and during which the offer has legal force;

similar works – the construction works performed on certain technology which degree of complexity is similar to subject of the procedure of public procurement.

2. The contracts on performance of works signed for the purpose of realization of investments are considered as agreements on public procurements of works if the estimated value of installation and construction works makes at least 20% of total estimated value of the corresponding investment which realization is integral part of the purposes of the relevant agreement.

3. In case the subject of the agreement is realization of investment which completion requires accomplishment of complex of installation and construction works and, if necessary, delivery of processing equipment, installations, equipment or other equipment connected with this investment, the cost of the agreement is determined taking into account the cost of all investment. Separate acquisition by the buying body of processing equipment is allowed if the buying body adduces to that powerful arguments.

II. General rules of initiation and holding procedures of public procurements of works

Section 1. Publicity and transparency

5. The buying body shall provide publication in the Bulletin of public procurements through the Agency of public procurements (further – the Agency) public announcements of intention and of participation in the procedure of public procurement of works according to the current legislation in the field of public procurements.

6. The buying body of the maximum transparency having the right to publish for the purpose of providing the announcement of participation and in other local, national or international mass media or on the Internet, but only after publication of the corresponding announcement in the Bulletin of public procurements and on condition of preserving in the accuracy of content and form of the published announcement.

Section 2. Rules of reporting of information

7. Messages, exchange of information and its storage are performed according to the procedure, providing integrity of data, confidentiality of offers and applications for participation.

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