ORDER OF THE GOVERNMENT REPUBLIC OF MOLDOVA

of April 24, 2024 No. 300

About modification of the Order of the Government No. 690/2018 about approval of the Regulations on tendering on assignment of the status of the competent producer

Based on Item k) article 10 of the Law No. 10/2016 on promotion of energy use from renewable sources (The official monitor of the Republic of Moldova, 2016, Art. No. 69-77, 117), with subsequent changes, DECIDES: the Government

1. In the Order of the Government No. 690/2018 about approval of the Regulations on tendering on assignment of the status of the competent producer (Official monitor of the Republic of Moldova, 2018, Art. No. 267-275, 745), with subsequent changes, to make the following changes:

1) in the resolution:

a) state the name in the following edition:

"About approval of the Regulations on tendering on assignment of the status of the large competent producer";

b) in Item 2 of the word "Ministry of Economy and Infrastructure" shall be replaced with words "Department of Energy";

2) in the Provision:

a) in all text of the word "competent producer", "force majeure", "price offer", the text "the biddings open and public," and the words "open tenderings", "the central industry body of public management in the field of power" and "bidder" in any grammatical form to replace, respectively, with the words "large competent producer", the text "the circumstance justifying non-execution of the obligation," and the words "financial offer", "public biddings", "biddings", "Department of Energy" and "investor" in the corresponding grammatical form;

b) the text"," and "which use RES" in any grammatical form to replace the using RES in all text with the words "on production of electricity from RES";

c) in Item 3:

state the concept "investor" of the following edition:

"the investor – the physical person or legal entity registered in the Republic of Moldova or in other state as the company or consortium in the this provision sense which addresses for assignment to it the status of the large competent producer in the course of the biddings and which shall provide financing, construction and operation of one or several power plants on production of electricity from RES with the installed capacity exceeding the capacity limit set by the Government according to the Law No. 10/2016 on promotion of energy use from renewable sources;";

state the concept "documentation on the biddings" of the following edition:

"documentation on the biddings – documentation containing all information connected with object of the biddings and conditions of participation in the biddings requirements imposed to the investor, method of application and/or technical and financial offers, descriptive documentation, forms of guarantees, the draft agreement on purchase of the electric power made from renewable sources, information necessary for investors for participation in the biddings and for development and submission of technical and financial proposals and also about procedure for carrying out and criteria of the analysis of admissibility of requests, qualification of technical proposals and assessment of financial offers;";

replace the concept "offer" with the concept "technical proposal" of the following content:

"the technical proposal – the document constituted according to requirements of this provision and documentation on the biddings by means of which the investor represents during trading the offer on construction and operation of power plant on production of electricity from RES for receipt of the status of the large competent producer;";

state the concept "financial offer" of the following edition:

"the financial offer – the document submitted by the investor during trading in which the price requested by the investor for the electric power made from renewable sources, constituted according to requirements of this provision and with documentation on the biddings is specified and representing the fixed price reflected in the regulated purchase agreement of the electric power from renewable sources and strike price – in the contract for difference;";

replace the concept "incorrect offer" with the concept "inappropriate request and/or inappropriate offer" of the following content:

"the inappropriate request and/or the inappropriate offer – the request and/or the offer which / which does not answer conditions and/or does not conform to the requirements established in documentation on the biddings";

exclude the concept "energy from renewable sources";

add with the following concepts:

"the request – the document developed on the basis of this provision and documentation on the biddings, submitted the investor at admissibility analysis stage;";

"the road map – the document on capture on the investor of the obligation in obtaining on the basis of the action plan, according to the requirements established in documentation on the biddings, necessary documents for development, construction and operation of power plant on production of electricity from RES in case of lack of one or several documents specified in documentation on the biddings at stage of submission of the offer;";

"variations of intangible nature – the variations relating to departures which do not change nature of the offer or do not give it material novelty for the purposes of this provision. As variations of intangible nature are considered, without being limited to them: the editorial, mechanical or calculating errors, missing documents, proofs of compliance and other variations of similar nature which are not influencing the price requested by the investor specified in the financial offer and also any other variations except for relating to key characteristics of the project;";

"the circumstance justifying non-execution of the obligation – extraordinary and unexpected event which approach the investor could not expect and avoid / which could not eliminate and which effect result in impossibility of construction and commissioning of power plant in time, established in the order of the Government about assignment of the status of the large competent producer. Factors which represent the circumstance justifying non-execution of the obligation of the investor are estimated and confirmed by the conclusion issued by competent authority according to the Law No. 393/1999 on Chamber of Commerce and Industry and with Regulations on issue of the conclusion about confirmation of the circumstances justifying non-execution of the obligation, the approved Decision of Chamber of Commerce and Industry No. 35/1 of September 25, 2020;";

"criteria of admissibility – the requirements to the request and the investor which are subject to accomplishment for receipt of the participation right in the biddings, stated in the subitem 1) of Item 42 and in documentation on the biddings;";

"criteria of qualification – the requirements to the technical proposal established by the Commission on tendering in documentation on the biddings;";

"evaluation criterion – the smallest offered price included in the financial offer used for assessment and classification of the proposals submitted by skilled investors at the analysis stages of admissibility and qualification established by the Commission on tendering in documentation on the biddings;";

"the observer – the status given to persons selected from the candidate list to the place of the representative of civil society who, though were not elected members of the commission on tendering, but agreed to participate in quality of observers at the Commission on tendering;";

"the marginal offer – the offer which answers criteria of qualification of technical proposals and evaluation criteria, but after stage of selection of offers does not correspond to the available maximum limit of capacity any more;";

d) in item 4:

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