ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 28, 2016 No. 1418

About approval of the Regulations on procedure for creation of the List of the prohibited economic operators

1. Approve Regulations on procedure for creation of the List of the prohibited economic operators according to appendix No. 1.

2. Recognize invalid some orders of the Government according to appendix No. 2.

Appendix № 1

to the Order of the Government of the Republic of Moldova of December 28, 2016 No. 1418

Regulations on procedure for creation of the List of the prohibited economic operators

I. General provisions

2. The List of the prohibited economic operators (further – the List) can include only economic operators who are participants of procedures of public procurements, but did not fulfill properly the obligations undertaken within these procedures, or the behavior of which contradicts legislation provisions.

3. The list includes records about economic operators – legal entities and physical persons of the Republic of Moldova and other states irrespective of type of property and form of business for the purpose of their discharge for the 3-year period from participation in procedures of the public procurements provided by provisions of the current legislation.

II. Creation and contents of the list

4. The list is constituted, conducted and updated by Public procurements Agency.

5. The list is constituted, kept and updated in electronic form, by the publication of information on the website www.tender.gov.md and periodically in the Bulletin of public procurements.

6. Information containing in the List published on the website www.tender.gov.md and in the Bulletin of public procurements is considered official.

7. The list shall include the following records:

1) sequence number;

2) number and date of the decision on inclusion of the economic operator in the List;

3) date of inclusion of the economic operator in the List;

4) date of exception of the economic operator of the List;

5) name, form of business of the economic operator, contact information and legal address of the economic operator;

6) identification data of the managing director and founders/founders of economic operator;

7) summary of the basis of inclusion of the economic operator in the List;

8) the name of the buying body or monitoring body which provided request about inclusion of the economic operator in the List;

9) the other necessary records established by public procurements Agency according to provisions of the current legislation.

III. Procedure of inclusion of economic operators in the list

8. Inclusion of the economic operator in the List is initiated without fail in the presence of the bases provided in Item 14 of this provision and also if the damage (additional expenses) was caused to the buying body or its activities were broken.

9. Inclusion in the List is performed based on the decision of the Agency on public procurements in case of its removal in course of execution of own obligations, based on request of the buying body to which the damage was caused or activities of which were broken, or based on request of the National agency according to the dispute resolution during implementation of its obligations.

10. The buying body which determined the fact of inappropriate execution of undertaken obligations during the procedure of public procurement therefore the damage was caused to it or its activities were broken or if the behavior of the economic operator contradicts legislation provisions, initiate without fail the procedure of inclusion in the List within 60 days from the moment of emergence of the bases provided in Item 14 of this provision.

11. If monitoring bodies during implementation of actions for control determine the fact of availability of the bases for inclusion in the List, they send to the buying body the instruction about the beginning of the procedure of inclusion of the relevant economic operator in the List according to the this provision provisions. In this case the expiration, provided in Item 10, begins with the moment of the direction of the instruction.

12. For inclusion of economic operators in the List it is necessary to send the corresponding request, and also the solution of working group of the buying body with appendix of all supporting documents which without fail shall contain the following information is required:

1) short description of subject of procurement procedure;

2) date, room and registration date in the agency of documents on holding procurement procedure;

3) number and date of the Bulletin of public procurements in which information on holding procedure was published (is reflected if the publication is obligatory);

4) room and date of the agreement on public procurement, number and date of its registration in the agency (if necessary), duration of the agreement;

5) name and contact information of the economic operator;

6) exhaustive statement of the conditions provided in the agreement and in documents on holding procurement procedure which were not executed or were executed in an inadequate way by the economic operator;

7) marks of the buying body concerning failure to carry out or inadequate accomplishment of obligations;

8) summary of petitions in which the explanation was requested or according to which the economic operator was warned about failure to carry out or inadequate accomplishment of terms of the contract;

9) marks about application of sanctions against the economic operator;

10) the description of the caused damage or the broken activities by the economic operator as a result of failure to carry out or inadequate accomplishment of terms of the contract, and also the description of effects of it.

13. In request of the National agency according to the dispute resolution the reference to the bases provided in Item 14 of this provision and also to the existing regulations with indication of the established circumstances and with appendix of all relevant documents shall be contained.

14. The bases for inclusion of the economic operator in the List are:

1) availability of the final decision of degree of jurisdiction based on which the purchase agreement as a result of failure to carry out or inadequate accomplishment of terms of the contract by the economic operator was terminated;

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