ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 6, 2022 No. 464

About approval of Methodological regulations about procedure for award of agreements on sectoral purchase / the framework agreements in the field of power, water resources, transport and post services

Based on article 89 of the Law No. 74/2020 on purchases in sectors of power, water resources, transport and post services (The official monitor of the Republic of Moldova, 2020, Art. No. 153-158, 278), with subsequent changes, DECIDES: the Government

1. Approve Methodological regulations about procedure for award of agreements on sectoral purchase / the framework agreements in the field of power, water resources, transport and post services (are applied).

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of July 6, 2022 No. 464

Methodological regulations about procedure for award of agreements on sectoral purchase / the framework agreements in the field of power, water resources, transport and post services

I. General provisions and principles

1. Methodological regulations about procedure for award of agreements on sectoral purchase / the framework agreements in the field of power, water resources, transport and post services (further - Regulations) are developed for the purpose of establishment of general framework of holding procedures of sectoral purchases, and also implementation of necessary management for practical application of provisions of the Law No. 74/2020 on purchases in sectors of power, water resources, transport and post services (further - the Law No. 74/2020).

2. Provisions of Regulations are applied by the buying subjects according to article 4 of the Law No. 74/2020 in case of award of purchase agreements of goods, works or services which estimated value excluding tax on value added is equal or exceeds the threshold values specified in part (1) Articles 1, for the activities established in Chapter II, except as specified, specified in Chapter III of the Law No. 74/2020.

3. During application of the procedure of award the buying subject shall observe the principles of sectoral purchases stated in article 28 of the Law No. 74/2020.

4. For the purpose of accomplishment of the tasks the buying subject creates depending on subject to purchase working group / working groups the decision (order) or the order as a part of at least three people, including the head of working group - being person having the right of the first signature in appropriate subject or person, and the secretary of working group designated by it, according to article 5 of the Law No. 74/2020. The act of creation of working group provides delegation of tasks and obligations of group to each member separately.

5. The buying subject the decision (order) or the order appoints deputies of members who are appointed in structure of the working group in case of impossibility of participation of full-fledged members.

6. If representatives of civil society submit applications for inclusion in structure of the working group which constitute more than one third of general structure of group, the buying subject will organize draw at least in one day prior to the termination of submission due date of tender offers. The organization of draw shall provide the equal, impartial and non-discriminatory attitude towards all applicants.

7. The working group establishes internal procedures for ensuring compliance with the Regulations and fulfillment of requirements provided in the Law No. 74/2020.

8. During procedure of award the working group shall avoid situations which can lead to emergence of conflict of interest and/or unfair competition.

9. Each workgroup member shall sign the Declaration on confidentiality and impartiality under the responsibility, according to appendix No. 1, according to which he shall observe unconditionally provisions of the Law No. 74/2020 and confirms that:

1) is not spouse/spouse, the relative or the cousin-in-law to the third degree of relationship, including members of administrative board or other governing body of one of offerers, or one or several founders of offerers;

2) within the last three years did not work as the worker, was not part of the board of directors or other governing body, their administration;

3) does not hold shares or shares in the authorized capital of offerers.

10. When one of workgroup members finds out that he is in one or several situations specified in the Declaration on confidentiality and impartiality, he informs on it the chairman of working group, does not participate in meeting and is replaced with other person during the entire period of implementation of procurement process in which the relevant economic operator participates.

11. Meetings of working group are considered competent if at them there are more than 50% of workgroup members. If the working group consists only of 3 members, its meetings are held in the presence of all members. The working group approves the decisions by a majority vote of the members who are present at meeting.

12. The buying subject can address service providers on purchases or the central purchasing bodies for the help and support in purchasing activity.

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