LAW OF THE REPUBLIC OF MOLDOVA

of June 26, 2018 No. 169

About introduction of amendments to the Law on public procurements No. 131/2015

The Parliament adopts this organic law.

Art. I. - In the Law on public procurements No. 131/2015 (Official monitor of the Republic of Moldova, 2015, Art. No. 197-205, 402), with subsequent changes, to make the following changes:

1. To state formula of harmonization in the following edition:

"This law shifts the Directive 2014/24/EU of the European Parliament and Council of February 26, 2014 about public procurements and cancellation of the Directive 2004/18/EC published in the Official magazine of the European Union by L 94 of March 28, 2014 with the amendments made by the Delegated regulations of the Commission (EU) 2017/2365 of December 18, 2017 making amendments to the Directive 2014/24/EU of the European Parliament and Council concerning threshold values for application of procedures of the conclusion of agreements on public procurements and also the Directive 89/665/EEC of Council of December 21, 1989 about coordination of the legislative, reglamentarny and administrative provisions relating to application of procedures of award of agreements on public procurements of goods and public contracts for performance of works published in the Official magazine of the European Union by L 395 of December 30, 1989.".

2. State Article 1 in the following edition:

"Article 1. Basic concepts

In this law the following basic concepts are used:

professional offense - any guilty behavior influencing professional trust to the relevant economic operator, such as the intentional or made by rough negligence violation of intellectual property rights, including violation of deontological regulations in strict sense of profession to which the operator belongs;

public procurement - acquisition, on the basis of the agreement on public procurements, goods, works or services by one or several buying bodies at the economic operators selected by them, regardless of whether goods, works or services are intended for the public purpose;

the framework agreement - the agreement in writing between one or several buying bodies and one or several economic operators, concluded with the purpose of determination of conditions of agreements which will be awarded certain period of time, in particular concerning the prices and, if necessary, the provided amounts;

auxiliary purchasing activity - the activities consisting in assistance and support of activities for purchases, in particular in the following forms:

a) the technical infrastructure allowing the buying bodies to award agreements on public procurements or to sign the framework agreements on goods, works or services;

b) consultations about initiation and holding procedures of public procurement;

c) initiation and holding procedures of public procurement from name and at the expense of the relevant buying organ;

centralized purchasing activity - the activities performed on permanent basis by the central purchasing body in one of the following forms:

a) purchase of the goods and/or services intended for the buying bodies;

b) award of agreements on public procurements or the conclusion of the framework agreements on the goods, works and services intended for the buying bodies;

the central purchasing body - the buying body performing centralized purchasing activity and, if necessary, auxiliary purchasing activity;

the candidate - any economic operator who requested the invitation to participation or invited to participate in the procedure of the limited biddings, the procedure of negotiations with or without preliminary publication of the announcement on participation, competitive dialogue or innovative partnership;

the candidate - documents by means of which the candidate shows the competence, capability to perform professional activity, economic and financial position, technical and professional capabilities, standards of quality assurance and environment protection for the purpose of receipt of the invitation to participation for the subsequent submission of the offer within the procedure of the limited biddings, the procedure of negotiations with or without preliminary publication of the announcement on participation, competitive dialogue or innovative partnership;

the electronic catalog - the electronic instrument of purchases obligatory for certain types of purchases in which offers are represented, together with technical specifications, in the format established by the buying body;

requirements of marking - the requirement to which the corresponding goods, works, services, processes or procedures shall answer to receive the corresponding marking;

lifecycle - all consecutive and/or interconnected stages of existence of goods or work or rendering services, including researches and developments which will be performed, production, realization and its conditions, transportation, use and servicing, from acquisition of raw materials or forming of resources before removal, clearing of production site and completion of service or use;

tender of decisions - the procedure allowing the buying body to acquire especially in the field of arrangement of the territory, city and landscape planning, architecture or data processing, the plan or the project selected by jury on competitive basis with award or without award of awards;

the agreement on public procurements - the paid agreement signed in writing between one or several economic operators and one or several buying bodies which subject is purchase of goods, performance of works or rendering services;

the agreement on public procurements of goods - the agreement on public procurements which subject is purchase of goods, their acquisition by installments, employment or leasing, with opportunity or without possibility of the redemption. The agreement on public procurements which subject is delivery of goods and which includes besides works on installation and installation, is considered the agreement on public procurements of goods;

the agreement on public procurements of works - the agreement on public procurements which subject is:

a) accomplishment or designing and performance of works, connected with one of the types of activity specified in appendix 1-1;

b) accomplishment or designing and performance of work, other than provided in Item a);

c) realization of the work meeting the requirements of the buying body exerting decisive impact by sight or work design;

the agreement on public procurements of services - the agreement on public procurements which subject is rendering services, others than being the subject of the agreement about public procurements of works;

competitive dialogue - the procedure any economic operator can apply for participation in which and within which the buying body conducts with the candidates allowed to this procedure dialogue with the purpose of development of one or several decisions capable to satisfy his requirements based on which the selected candidates will be invited to submission of offers;

the single European purchasing document - the document submitted in electronic format with use of the standard format approved by the Ministry of Finance, consisting of the declaration of the economic operator under own responsibility about compliance to criteria of qualification and selection;

documentation on award - the document containing requirements, criteria, rules and other information necessary for providing economic operators with complete, exact and accurate information about requirements or elements of purchase, the subject of the agreement and procedure for holding procedure of award including technical specifications or descriptive documentation, the offered contractual terms, formats of submission of documents by offerers/candidates, information on applicable general obligations;

marking - any document, the certificate or the certificate, confirmatory that the corresponding goods, works, services, processes or procedures meet certain requirements;

the service provider on purchase - any physical person or the legal entity of public or private law providing auxiliary purchasing activity in the market;

the working group - the group of specialists as a part of the buying body performing procedures of public procurement;

innovation - implementation new or considerably the improved goods, service or process, including without limitation it, production processes, construction or construction processes, new sales method or new organizational method in business practice, the organization of workplaces or in the external relations, in particular for the purpose of assistance to the solution of social problems or support of reasonable, strong and comprehensive rise;

open tenderings - the procedure of public procurement regulated by this law within which any interested economic operator can provide the offer;

the electronic biddings - iterative process with use of electronic means of representation on the decreasing new prices and/or new costs relating to certain elements of offers and appearing after primary complete assessment of offers that allows to classify them on the basis of automatic evaluation methods;

the limited biddings - the procedure of public procurement regulated by this law within which any economic operator can submit the application for participation and within which only economic operators who are previously selected by the buying body can provide offers;

lot - the isolated part in which the subject of public procurement for adaptation of the size of subject of the received individual agreements is allocated better to match the need of the buying body, and also opportunities of the small and medium companies, or on high-quality basis, according to the different involved crafts and specializations that it is closer to adapt contents of individual agreements for specialized sectors of the small and medium companies or according to different stages of the project;

work - result of complex of works on construction of buildings or civil engineering, in itself sufficient for accomplishment of economic or technical function;

electronic means - the electronic equipment used for processing (including digital compression) and the data storage which are subject to distribution, transfer and obtaining on wires by means of radio waves, optical or other electromagnetic means;

the offerer - the economic operator who provided the offer within the procedure of award of the agreement on public procurements;

the offer - the legal act which the economic operator expresses the intention to become, from the legal point of view, the agreement party about public procurements. The offer contains the financial offer, the technical proposal, and also other documents established by documentation on award;

the alternative offer - the offer which meets the minimum requirements and possible specific requirements stated in documentation on award, but proposes other solution in bigger or smaller measure;

the unacceptable offer - the offer provided by the offerer who does not have the necessary qualifications provided in descriptive documentation or documentation on award, and equally in the offer which price exceeds the budget of the buying body established and specified prior to the procedure of public procurement;

the inadequate offer - the offer which is not relating to purchase subject incapable to satisfy, without essential changes, the requirements and requirements specified in documentation on award;

the inappropriate offer - the offer which does not conform to the requirements provided in descriptive documentation or documentation on award which arrived with delay which is result of the anti-competitive or corruption actions established in stipulated by the legislation procedure or which is recognized the buying body having it is abnormal cut price;

the economic operator - any physical person or legal entity, any public organization or consolidation of such persons and/or the organizations delivering the goods performing works and/or rendering services in the market;

the negotiation procedure - the procedure within which the buying body consults with economic operators by the options provided by them and discusses contractual conditions with one or several of them;

the financial offer - the offer component including price information, rate, other corresponding financial and commercial conditions for satisfaction of the requirements containing in documentation on award;

the technical proposal - the offer component developed on the basis of the requirements containing in the specification or, for circumstances, descriptive documentation;

technical guidance - any specification, other than official standards, developed by standardization organizations, including European according to the procedures adapted for requirements of the market;

written / in writing - any expression consisting of words or figures which can be read, reproduced and is transferred afterwards, including the information transferred and kept by means of electronic means;

The automated information system "State Register of Public Procurements" (further - AIS "GRGZ") - the on-line electronic system available via the Internet to the specified address used for application by means of electronic means of processes of public procurements and also to publication at the national level of invitations/announcements, giving and estimates of offers, award, signing by the digital signature of agreements on public procurements. Holder of AIS "GRGZ" is the Ministry of Finance;

dynamic purchasing system - completely electronic procurement process of goods of the current use which characteristics are well-known in the market and meet the requirements of the buying body, limited in time and opened throughout all this time for any economic operator who corresponds to selection criteria and submitted the application for participation corresponding to the specification;

technical specification:

a) in case of agreements on public procurements of works - set of the technical requirements containing, in particular, in documentation on award and determining characteristics which the delivered material or goods that it could be used for the purposes of the buying body shall have. These characteristics include levels of ecological safety, the designing answering to all types of use (including availability to physically disabled people), and assessment of conformity, indicators, safety or the sizes, including procedures of quality assurance, terminology, symbols, testing and methods of testing, packaging, marking and labeling, instructions for use, and also production processes and methods at all stages of lifecycle of works. Characteristics also include regulations of designing and calculation of costs, test conditions, control and acceptance of works, and also technologies or methods of construction and all other conditions of technical nature which the buying body is able to provide, according to general or special rules, concerning complete works and materials or their components;

b) in case of agreements on public procurements of goods or services - the specification specified in the document for determination of required characteristics of goods or service, such as quality levels, levels of ecological safety, the designing answering to all types of use (including availability to persons with limited opportunities), and assessment of conformity, indicators, use of goods, its safety or the sizes, including requirements for the name, applicable to goods, under which it is on sale, terminology, symbols, testing and methods of testing, packaging, marking and labeling, instructions for use, production processes and methods at all stages of goods lifecycle or service, and also procedure for assessment of conformity; the general technical specification - the technical specification developed according to the procedure recognized in member states of the European Union, and published in the Official magazine of the European Union;

the standard - the technical specification approved by acknowledged standardization organization for repeated or permanent application, which is not obligatory and relating to one of the following categories:

a) the international standard - the standard accepted by International Organization for Standardization and provided to the public;

b) the European standard - the standard accepted by the European standardization organization and provided to the public;

c) the national standard - the standard accepted by national standardization organization and provided to the public;

The general dictionary of public procurements, differently - the Single purchasing qualifier (Common Procurement Vocabulary, further - CPV) - hierarchically structured nomenclature divided into subsections, groups, classes, categories and subcategories for determination of subject of agreements on public procurements of goods, works and services by means of which any subject to purchase is identified. In order to avoid legal uncertainty of the reference are established by specifying of all corresponding line items if those are available, in the form of series of codes;

days - calendar days, except as specified, when it is directly provided that it is about the working days.".

3. In Article 2:

in part (1):

Item and) after words of "goods and services" to add with words ", excellent from specified in Item c),";

add part with Item c) the following content:

"c) for agreements on public procurements which subject are the social and other special services specified in appendix 2, - 400000 lei.";

in part (3):

Item and) after words of "goods and services" to add with words ", excellent from specified in Item c),";

add part with Item c) the following content:

"c) for agreements on public procurements which subject are the social and other special services specified in appendix 2, - 13000000 lei.".

4. Add the law with Article 2-1 of the following content:

"Article 2-1. The mixed purchases

(1) Agreements which subject are two or more types of purchases (goods, works or services) are awarded according to the provisions applicable to the type of purchases characterizing the main subject of the relevant agreement.

(2) in case of the mixed agreements which subject are both social and other special services, and other services and also in case of the mixed agreements which subject are both services, and goods, the main subject it is determined by the highest estimated value of the corresponding services or goods.

(And the purchases regulated by other regulations the buying body has the right to choose 3) in case of agreements which subject are as the purchases regulated by this law between award of separate contracts for different parts or award of the single agreement.

(4) If the buying body chooses award of separate contracts for different parts, the decision on what legal regime is applied to each of separate agreements, is accepted based on characteristics of the corresponding separate parts.

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