of December 28, 2016 No. 1419
About approval of the Regulations on procedure for planning of agreements on public procurements
1. Approve Regulations on procedure for planning of agreements on public procurements according to appendix No. 1.
2. Recognize invalid some orders of the Government according to appendix No. 2.
deputy. Prime Minister, Minister of Economic Affairs
Minister of Finance
Octavian to Armash
Appendix No. 1
to the Order of the Government of the Republic of Moldova of December 28, 2016 No. 1419
1. For the purpose of satisfaction of need for goods, works and services the buying body shall plan contracts on public procurements which will be signed as a result of holding procedures of public procurements, with respect for the principles of ensuring the competition, efficiency, transparency, the equal address without discrimination and without their separation.
2. The concepts used in this Provision mean the following:
procurement plan – set of needs for goods, works or services for all fiscal year which need to be realized by the conclusion of one or several agreements on public procurements depending on procedure for planning of these agreements;
the announcement of intentions – the announcement which shall be published in the Bulletin of public procurements within 30 days from the date of approval of the budget of the buying body containing set of agreements on the public purchases provided to the conclusion until the end of fiscal year which estimated value for goods and services is equal or exceeds 400 000 lei, and for works – is equal or exceeds 1 500 000 lei;
planning of agreements on public procurements – determination of agreements on the public procurements intended for requirements satisfaction in the goods, works and services for all fiscal year reflected in procurement plan of the buying body.
3. The agreement on public procurements which subject is both provision of services, and performance of works, is considered:
1) the agreement on public procurements of services if the estimated value of services is higher than estimated value of works;
2) the agreement on public procurements of works if the estimated value of works is higher than estimated value of services.
4. The agreement on public procurements which subject is both delivery of goods, and rendering services, is considered:
1) the agreement on public procurements of goods if the estimated value of goods is higher than estimated value of the services provided in the relevant agreement;
2) the agreement on public procurements of services if the estimated value of services is higher than estimated value of the goods provided in the relevant agreement.
5. Conditions of planning of agreements on public procurements are the following:
1) exact knowledge of needs for goods, works or services;
2) availability of financial resources or confirmation of their allocation;
3) calculation of estimated value of agreements on public procurements, and in case of the simultaneous conclusion of agreements in the form of separate lots, – calculation of aggregate value of all lots.
6. Planning of agreements on public procurements of goods is performed taking into account indexes of average market prices, the place of delivery of goods, complexity of goods, the purposes of purchases of goods, the period of execution of agreements (long-term agreements or one-time agreements which satisfy specific need at the moment, and, without being long-term, do not provide provision of guarantees).
7. Planning of agreements on public procurements of services is performed with accounting of the place of rendering these services, the purpose and the period of their provision (long-term accomplishment or one-time accomplishment).
8. If the agreement on public procurements of goods or services assumes classification for several lots, the procurement procedure is also performed on lots with determination of the winner for each lot separately.
9. Planning of agreements on public procurements of works is performed for all object (construction) or by consolidation of several objects in lots with possibility of appointment of the winner for each object / lot separately (for each construction).
10. In case of purchases of seasonal goods and services planning of agreements on public procurements is performed according to the specified criteria for every period within which goods will be delivered or services are provided. Seasonal goods are implied as food, and services in the field of food and passenger air transportation are considered as seasonal services.
11. Quarter or annual planning of agreements on public procurements is performed according to the samples of procurement plan and announcements of intentions provided in appendices No. 1 and 2 to this Provision.
12. Seasonal goods and services can be bought under separate (periodic) agreements that requires the conclusion of contracts for specific period of time. Such method can be applied also in case of acquisition of the new goods and services which only appeared in the market of which existence were not known at the time of planning of procedures of public procurements, or if the needs for certain goods, works and services resulted from contingencies. For the new needs for goods, works and services contracts using the corresponding procedures of public procurements, proceeding from estimated value of the new agreement / agreements which will be awarded are signed.
13. Plan of public procurements:
1) it shall be approved with the budget of public body according to the development strategy of body;
2) it is constituted in the initial version before development of offers on the budget;
3) it is finally constituted after approval of own budget of the buying body.
The plan changes or supplemented in case of changes in the relevant budget or in case of identification of new financial resources.
14. When planning procedures of public procurements the buying body has no right to divide purchase by the conclusion of separate agreements on public procurements for application of other procedure of public procurement, than the procedure which is subject to application according to the law on public procurements if purchase would not be divided.
15. For the allocated in addition financial resources (change of funding plan, provision of subsidies) who were not known at the time of scheduling of purchases the new procurement procedure according to the threshold amounts provided by the law for application of procedures of public procurement is performed.
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