THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN POWER INDUSTRY OF THE REPUBLIC OF MOLDOVA

of January 26, 2017 No. 24

About approval of the Regulations on procedures for procurement of the goods, works and services used in activities of owners of licenses in electrical power, heat power, gas sectors and operators, providing public service of water supply and the sewerage

For the purpose of regulation of procedures of purchases of the goods, works and services used in activities of owners of licenses in electric utility sector, in the heat power sector, in the sector of natural gas and operators, providing public service of water supply and the sewerage, and also ensuring compliance with the principles of the minimum costs and maximum efficiency these owners of licenses and operators when implementing regulated activities, based on Art. provisions 7, part (1), the subitem p) the Law No. 108 of May 27, 2016 on natural gas (The official monitor, 2016, No. 193-203, the Art. 415), the Art. 7, part (1), the subitem m) the Law No. 107 of May 27, 2016 on the electric power (The official monitor, 2016, No. 193-203, the Art. 413), the Art. 7, part (2), the subitem h) the Law No. 303 of December 13, 2013 on public service of water supply and the sewerage (The official monitor, 2014, No. 60-65, the Art. 123), the Art. 9, part (2), the subitem l) the Law No. 92 of May 29 2014, about heat energy and promotion of cogeneration (The official monitor, 2014, No. 178-184, the Art. 415) the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on procedures for procurement of the goods, works and services used in activities of owners of licenses in electrical power, heat power, gas sectors and the operators providing public service of water supply and the sewerage it (is applied).

2. The agreements of purchase which are in process of accomplishment and the procedures of award which are in process of carrying out on the date of entry into force of this Resolution come to the end on the basis of the legal provisions existing on the date of their beginning.

3. In the heat power sector, in the sector of natural gas and in the field of public service of water supply and the sewerage to assign control of application of the approved Resolution by owners of licenses in electric utility sector to divisions of the National agency on regulation in power.

4. This resolution becomes effective within 6 months from the date of publication.

Serdzhiu Ciobanu, director

Octavian Lungu, director

Yuriye Onika, director

Genadiye Pyrtsu, director

 

Approved by the Resolution of Administrative board of the National agency on regulation in power industry of the Republic of Moldova of January 26, 2017 No. 24

Regulations on procedures for procurement of the goods, works and services used in activities of owners of licenses in electrical power, heat power, gas sectors and operators, providing public service of water supply and the sewerage

Section I. General provisions

Chapter 1. Purpose and scope

1. The purpose of the Regulations on procedures for procurement of the goods, works and services used in activities of owners of licenses in electrical power, heat power, gas sectors, and the operators providing public service of water supply and the sewerage (further - the Provision), is:

a) establishment of clear and transparent procedures which shall be observed in procurement process of the goods, works and services requested by the beneficiary, to be included in the tariff purposes;

b) competition development, increase in efficiency of purchases;

c) ensuring compliance with the principles of the minimum costs and maximum efficiency;

d) ensuring establishment of rates on the basis of justified and strictly necessary expenses on implementation of activities for production, transportation, distribution and delivery on regulated rates of natural gas, the electric power, heat power and for provision of public service of water supply, the sewerage.

2. This Provision is obligatory for owners of the licenses performing regulated activities in electrical power, heat power, gas sectors, and to the operators providing public service of water supply and the sewerage and is applied to the agreements of purchase which are not specified in Item 3 this provision whose estimated value, without the value added tax (VAT), is equal or above the following limits:

a) for agreements of purchase of goods or services - 200 thousand lei;

b) for agreements of purchase of works - 300 thousand lei.

3. This Provision is not applied in case of award of agreements of purchase in cases when:

a) the estimated value is lower than the cost limits specified in Item 2 this provision;

b) are awarded in other purposes, not on implementation of the types of activity regulated by the Agency;

c) are awarded for the purpose of resale to the third parties;

d) their subject is acquisition or lease of the parcels of land, the existing transferring or distribution power supply networks, the existing gas transmission and gas distribution networks, the existing heating systems, elements of public water supply systems and the sewerage, the existing buildings and other real estate, or the rights to them. At the same time award of the agreements of financial services signed irrespective of their form in connection with the relevant agreement of acquisition or lease submits to requirements of this provision;

e) concern provision of financial services in connection with issue, purchase, sale or transfer of securities or other financial instruments, in particular, in connection with transactions on accumulating of money and/or the capital;

f) are awarded to economic operators or bodies, the given exclusive right of provision of certain services, according to the legislation;

g) concern hiring of labor power;

h) treat purchase of goods, the works and services provided by economic operators whose prices and rates are regulated by the state (water supply and the sewerage, natural gas, heat power, the electric power, rail transport);

i) treat purchase by the beneficiary of goods from the state material reserves and mobilization reserves;

j) are regulated according to procedural regulations of the international body;

k) services in the field of arbitration proceeding and conciliation procedures;

l) concern auditor services;

m) concern services of bailiffs and notaries;

n) concern the conclusion of agreements on electricity market and natural gas according to the organization and functioning of electricity market regulated by the Law on the electric power and the Natural Gas Act.

Chapter 2. Concepts and determinations

4. In the this provision sense the used terms and concepts mean the following:

the framework agreement – the agreement signed between one or several beneficiaries and one or several economic operators for the purpose of establishment of conditions of the agreements which are subject to award during certain period of time, in particular, concerning the prices and, in case of neobkhoyodimost, the provided amounts;

the beneficiary – the owner of the license in electric utility sector, the heat power sector, the sector of gas supply which activities are regulated by the Agency, and the operator providing public service of water supply and the sewerage;

the specification – documentation constituted by the beneficiary, the component of documentation on award which is accompanying the engineering design and in detail describing the technical requirements determined by required characteristics for goods, service or for performance of works;

the candidate - the economic operator who proposed the candidature in case of the procedure of the limited biddings, the negotiation procedure or competitive dialogue;

price catalog – the register containing price information on the goods necessary for regulated activities;

technical requirements – specifications which shall be observed in case of accomplishment of provisions of agreements. They shall be constituted according to functional performance indicators and requirements, and in case of the reference to national or European standards – with their strict observance;

the commission on purchases – group of the specialists appointed by the order of the beneficiary responsible for initiation and holding procedures of purchases;

the agreement of purchase of goods - the agreement of purchase which subject is purchase of goods (materials, goods, products, spare parts, the equipment, equipment, tools, vehicles, furniture), their acquisition by installments, lease or leasing, with opportunity or without possibility of the redemption. The agreement of purchase of goods also the agreement of purchase which subject is the delivery of products which is in addition providing and works on their installation, installation and/or regulation is considered;

the agreement of purchase of works - the agreement of purchase which subject is or accomplishment both designing, and performance of work or construction, or accomplishment by all means of any work meeting the requirements specified by the beneficiary (works on designing, construction, dismantle, installation, reconstruction, updating, upgrade, maintenance, content and operation of assets). Work can be result of set of the works designed to perform economic or technical function. The agreement of purchase providing accomplishment by the economic operator of works with use of the goods acquired by it is considered the agreement of purchase of works;

the agreement of purchase of services - the agreement of purchase, other than the agreement of purchase of goods or works which subject is provision of services. The agreement of purchase which subject is both delivery of products, and provision of services by the economic operator with use of the goods acquired by it is considered the agreement of purchase of services provided that the cost of services is higher than the cost of the goods included in the agreement. Otherwise this agreement is considered the agreement of purchase of goods. The agreement of purchase which subject is provision of services and which covers insignificantly the types of activity connected with the agreement of purchase of works in relation to the main subject of the agreement is considered the agreement of purchase of services;

competitive dialogue – procurement procedure any economic operator can apply for participation in which and within which the beneficiary conducts with the candidates allowed to this procedure dialogue about development of one or several capable to satisfy needs of the beneficiary of decisions based on which/which the selected candidates are invited to submission of offers;

documentation on award - documentation containing all information connected with the subject of the agreement of purchase and the procedure of its award including the specification, form of the offer, requirement and criteria of qualification, descriptive documentation, instructions for offerers, forms of providing and the other information necessary for economic operators for preparation and submission of offers;

the central purchasing body – the owner of the license who on the basis of the available rights performs procedures of purchases buys goods, works and services, or awards agreements of purchase from name and for needs of the affiliated owners of the license performing the same type of activity;

the document - any set of words or figures which can be read, reproduced and is reported further. Can include any data transferred and which are stored by means of electronic means;

the affiliated company – any company, directly or indirectly under control to the beneficiary, or capable to exercise control over the beneficiary or which as well as the beneficiary is controlled by other person on the basis of the property right, financial participation or regulations to which it submits;

open tenderings – the public procedure within which any economic operator can provide the offer;

the electronic biddings – represent the repeating process with participation of electronic means of representation in the decreasing procedure, new prices and new costs of certain elements of the offers appearing after initial complete assessment of offers allowing to classify them by means of the automated evaluation methods;

the limited biddings - the public procedure in case of which any economic operator can submit the application for participation and within which only economic operators who are previously selected by the beneficiary can provide offers;

the forbidden list - represents the list of economic operators who compromised themselves or caused damage to the beneficiary, and is constituted by the beneficiary for the purpose of restriction for a period of up to 3 years of participation of economic operators in procurement procedures;

the offer - the legal act which the economic operator expresses the intention to become, from the legal point of view, the purchase agreement party. The offer contains the technical proposal and the financial offer;

the technical proposal - the part of the offer developed by the economic operator on the basis of the technical requirements containing in the specification developed by the beneficiary;

the financial offer - the part of the offer providing information on cost, the prices, rates, payment terms, other financial and commercial conditions requested by the beneficiary in the course of purchase execution;

negotiation procedure – procurement procedure during which the beneficiary requests from economic operators of their opinion and conducts negotiations under the terms of the agreement with one or several of them;

procurement plan – the document which joins set of needs for goods, works or services the next accounting year which cost is requested by the Beneficiary and which is included in the tariff purposes which is subject to accomplishment by the conclusion of one or several agreements of purchase;

unit price – the unit price of goods, service or work consisting of the amount of costs (excluding VAT) of the resources necessary for goods receipt or accomplishment of unit of measure from the technology transaction provided in expense budget;

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