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ORDER OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF MOLDOVA

of June 15, 2016 No. 84

About approval of Standard documentation for carrying out public procurements of goods, services, works by means of the procedure of competitive dialogue

1. Approve Standard documentation for carrying out public procurements of goods, services, works by means of the procedure of competitive dialogue (according to appendix).

2. The buying bodies in case of initiation and holding procedures for purchase of goods, services and works by means of competitive dialogue to oblige to constitute documentation on award according to the approved Standard documentation.

3. When filling documentation on award for the purpose of initiation of the procedure of public procurement of goods, services and works by means of competitive dialogue the buying body, upon the demand of public procurements Agency to oblige to constitute the Information reference in which to reason for need of introduction of qualification criterions and factors of assessment. Need of reasoning of factors of assessment arises only in cases of use of evaluation criterion "the most economic offer".

4. This order becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

Minister of Finance

Octavian to Armash

Appendix

Standard documentation for carrying out public procurements of goods/services and works by means of competitive dialogue

Purchase subject: ________________________________

_________________________________

_________________________________

CPV code: _________________________________

The buying body: _________________________________

Procurement procedure: _________________________________

 исунок 1 к Приказу МФ  М от 15.06.2016 г. №84

Chapter I. Documents for preliminary selection

Section 1.

I. Instruction for Candidates (IC)

A. General provisions

1. The procurement procedure purpose by means of competitive dialogue

1.1. The buying body specified in the Card of data on purchase – stage I (the I KDZ 1.1.), invites economic operators the candidate's tax for award of the agreement on public procurements, within competitive dialogue with the ofertant allowed to this procedure of purchases for the purpose of development of one or several alternative decisions meeting the requirements based on which the selected ofertant shall be invited to submit offers. The subject and number of the biddings are specified in the I KDZ 1.2.-1.3.

1.2. The subject of the agreement about public procurements of goods/services/works:

a) general details of subject are provided in descriptive documentation from documents for preliminary selection (Chapter I);

b) the final details of subject meeting requirements and requirements of the buying body of rather technical, financial and legal aspects which will be determined as result of dialogue with the selected candidates will be provided in the specification of documentation on award (Chapter II).

2. Principles of award of the agreement on public procurements

2.1. The principles of award of the agreement on public procurements are:

a) free competition;

b) effective use of public funds;

c) transparency;

d) equal relation;

e) confidentiality.

3. Legislation applicable to procurement procedure

3.2. The resolution on carrying out public procurements by means of competitive dialogue.

4. Description of the procedure

4.1. The procedure of competitive dialogue is carried out in three steps:

a) stage of preliminary candidate screen (Chapter 1);

b) stage of dialogue with the candidates allowed as a result of preliminary selection for determination of the decisions/decisions capable to meet requirements of the buying body and based on which/which candidates will prepare and will submit the final offer (Chapter 1);

c) evaluation stage of the submitted final offers (Chapter 2);

5. The criteria of award used within the procedure of competitive dialogue

5.1. Can only be criterion of award within the procedure of competitive dialogue – the most economic offer.

6. Participation in preliminary selection

6.1. Any economic operator with the status of the entrepreneur, resident or nonresident, physical person or legal entity, public or private law, or group of similar persons, including public organization having the participation right in the conditions of the Law No. 131 of 3.07.2015 on public procurements, in the procedure of award of the agreement on public procurements can be the candidate of the procedure of competitive dialogue.

6.2. The foreign candidate has in the Republic of Moldova the same rights about participation in procedures of award of agreements on public procurement which economic operators from the Republic of Moldova in the country in which the economic operator is resident use.

6.3. Several economic operators can unite for giving of the general candidate, not at the same time owed draw up such consolidation somehow officially. However the agreement on consolidation needs to be provided in writing. The buying body has the right to demand to draw up officially such consolidation only if the general offer wins competition, and such measure is necessary condition for fair agreement performance. The participant has the right to include in the technical proposal condition about opportunity to sign contracts of sub contracting that does not reduce responsibility in that, as for procedure for execution of future agreement on public procurement at all. Upon the demand of the buying body the ofertant shall provide information on condition(s) of the agreement of sub contracting and data on expected subcontractors.

6.4. The candidate submits the declaration according to the form from Section 3 (F3.7) concerning the fact that it (including members of Consolidation) is not in conflict of interest concerning its participation in the procedure, namely: (i) is not and was not in the past member of consolidation, directly or indirectly, with any consultant or other organization which prepared specifications and other documents according to this procedure; and (ii) submits the unique offer (it does not limit participation of subcontractors in several offers).

6.5. The candidate is not allowed to the procedure if he is not registered as the direct participant of this procedure by means of filing of application for participation and payment confirmation of collection for documents on award as it is specified in the invitation to participation.

6.6. The candidates giving one candidate shall consider that within the third stage of competitive dialogue only offers for the cumulative purpose of the agreement are accepted. Candidates which refer only to part of the subject of the agreement are not accepted.

6.7. The candidate is not allowed to procurement procedure by means of competitive dialogue if it is included in the List of the prohibited economic operators.

7. Expenses on participation

7.1. The candidate will incur all expenses connected with preparation and submission of documents of qualification and the offer, and also the documents accompanying her, and the buying body will not bear any responsibility for these expenses, regardless of carrying out or results of the procedure of preliminary selection.

8. Explanation and change of documents for preliminary selection

8.2. Matter of the answer to the statement for the explanation is retold to all participants who received copy of documents for preliminary selection without disclosing the personality, requested the corresponding explanations.

8.3. At any time, till deadline for candidates, the buying body has the right to change documents for preliminary selection. Any change will be considered in writing as integral part of documents for preliminary selection and is told in writing all participants who received documents for preliminary selection directly from the buying body and public procurements Agency.

9. Fraud and corruption

9.1. The candidate has no right to exert impact or to try to refuse influence on working group in the course of consideration and assessment of candidates, under the threat of its exception of the applied procedure.

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