ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 26, 2020 No. 638

About approval of the Regulations on public procurements of works

Based on Item (a) of part (3) articles II of the Law No. 169/2018 on introduction of amendments to the Law No. 131/2015 on public procurements (The official monitor of the Republic of Moldova, 2018, Art. No. 321-332, 527) DECIDES: the Government

1. Approve Regulations on public procurements of works it (is applied).

2. Declare invalid the Order of the Government No. 669/2016 about approval of the Regulations on public procurements of works (The official monitor of the Republic of Moldova, 2016, No. 150, the Art. 713).

3. This resolution becomes effective from the date of publication.

Approved by the Order of the Government of the Republic of Moldova of August 26, 2020 No. 638

Regulations on public procurements of works

Chapter I Basic provisions

1. The regulations on public procurements of works (further - the Provision) establish the mechanism of initiation and holding procedure of award of agreements on public procurements of works.

2. For the purposes of this provision the following concepts are used:

public procurement of works - purchase of works and designing of construction works of any categories and installations relating to them and also the works on intervention which are carried out during existence of structures (upgrade, recovery, changes, transformation, strengthening, expansion and capital repairs) for needs of one or several buying bodies;

the project documentation (engineering design) - text and graphical materials which contain technical and economic solutions on realization of investee in the amount established by regulating documents;

the outline sketch - the graphical materials reflecting the creative idea of the architect concerning architectural concepts and placement of structure which can be realized afterwards in the project documentation. The outline sketch consists of the situational plan, the master plan, facades, color schemes, development of the site of frontal building;

the drawing (i) - the graphical part displaying the made technical solutions is carried out in the form of technical drawings, schemes, plans and other documents in graphical form;

similar works - works of similar type and complexity, with the same subject or intended for identical use, or addressed to the economic operators performing permanent activities in the corresponding industry market.

3. The cost of the agreement on public procurements of works is established by the buying body according to the average prices established now in the market with observance of provisions of article 4 of the Law No. 131/2015 on public procurements (further - the Law No. 131/2015), except as specified, when the cost is calculated by authorized expert body according to provisions of the law or according to preliminary technical and economic reasons / economic feasibility.

Chapter II General rules of initiation and holding procedures of public procurement of works

Section 1 Publicity and transparency

4. For each procedure of public procurement of works within no more than 30 days from approval date of own budget the buying body publishes separately in the Bulletin of public procurements the announcement of intention, using the standard forms developed by the Agency of public procurements (further - the Agency). The buying body includes in the announcement, at least, information from appendix 3 to the Law No. 131/2015.

5. For agreements on public procurement of works which estimated value without the value added tax, is lower than the amount in the amount of 2 000 000 lei publication of the announcement of intention is not obligatory.

6. The buying body develops and publishes in the Bulletin of public procurements the announcement of participation according to the applied procedure of public procurement of works, using the standard forms developed by the Agency.

7. The buying body provides publication of the announcement of participation in Romanian and, if necessary, in one of languages of the international communication in the Bulletin of public procurements. In case of public procurements of works which estimated value is equal or more limits provided in part (3) article 2 of the Law No. 131/2015, the buying body provides publication of the general announcement in the Bulletin of public procurements in one of official languages of the World Trade Organization.

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