LAW OF THE REPUBLIC OF MOLDOVA

of April 13, 2007 No. 96-XVI

About public procurements

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Basic concepts

In this law the following basic concepts are used:

public procurement - purchase of goods, performance of works or rendering services for needs of one or several buying bodies;

The agency of public procurements - the industry administrative authority subordinated to the Ministry of Finance performing state regulation, supervision, control and cross-industry coordination in the field of public procurements;

the buying body - body of the public power, the legal entity of the public law, merging of these bodies or persons;

public funds - means of the government budget, budgets of administrative and territorial units, the budget of the national social insurance, special funds, special means of public organizations, means of funds of compulsory medical insurance, the external loans relating to the direct or guaranteed public debt;

the agreement on public procurements - the paid agreement signed in writing between one or several economic operators and one or several buying bodies for the purpose of purchase of goods, performance of works or rendering services according to this law;

standard documentation - documentation containing all information connected with the subject of the agreement about public procurement and the procedure of its provision including specifications or, on circumstances, descriptive documentation;

providing the offer - the sum of money or guarantee of introduction of this amount provided to the buying body by ofertant along with the offer and the providing validity of this offer;

providing the agreement - ensuring accomplishment of the obligations provided in the agreement on public procurements signed between the buying body or bodies and ofertant to whom the agreement was awarded;

the working group on purchases - the group of specialists as a part of the buying body performing procedures of public procurements;

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

the biddings with limited participation - the public procedure, the application for participation in which any economic operator can submit, but within which only economic operators who are previously selected by the buying body can provide offers;

electronic means - the means using the equipment of electronic processing including digital compression, and accumulatings of the data distributed, transferred and received by means of cable, radio of optical or other electromagnetic devices;

the most economic offer - the offer recognized won according to the criteria established by this law and determined within the procedures of award of agreements on public procurements;

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

the economic operator - the supplier of goods, the contractor and/or the service provider which can be any physical person or legal entity, any public organization or consolidation of persons and/or the organizations which deliver goods on the market perform works and/or render services.

Article 2. Law scope

(1) This law is applied to agreements on public procurements which do not belong to exceptions, stipulated in Article 4, and which estimated value, without the value added tax, is equal or exceeds:

a) 40 000 lei - for agreements on public procurements of goods and services;

b) 50 000 lei - for agreements on public procurements of works.

(2) This law is applied also to the agreements on public procurements subsidized more than for 50 percent by directly buying bodies and which are not relating to exceptions stipulated in Article 4.

(3) This law provides also features concerning agreements on public procurements which do not belong to exceptions, stipulated in Article 4, and which estimated value, without the value added tax, is equal or exceeds:

a) 2 500 000 lei - for agreements on public procurements of goods and services;

b) 99 000 000 lei - for agreements on public procurements of works.

(4) Agreements on public procurements which estimated value without the value added tax does not exceed the amounts specified in part (1), are implemented according to the regulations on public procurements of small cost approved by the Government.

(5) This law is applied as appropriate to the different forms of public and private partnership which are not prohibited by the law.

Article 3. Calculation of estimated value of agreements on public procurements and their planning

(1) Calculation of estimated value of the agreement on public procurements is based on the total amount of the payment without the value added tax estimated by the buying body. The structure of total amount of payment includes any form of remuneration, including any kinds of awards, charges, commission, the got profit and/or payment of fees or payment for benefit of ofertant, at the same time any form of the possible choice and possibility of treaty extension is taken into account.

(2) Calculation of estimated value of agreements on public procurements and their planning are performed according to the provision approved by the Government.

Article 4. Exceptions

Provisions of this law are not applied to:

a) to service provision agreements in the field of research and development which user is exclusively buying body, held for use in own purposes and for implementation of own activities provided that the rendered services completely are paid by the buying body and that their cost does not exceed or is within market prices of such services;

b) to agreements on public procurements which subject are services in arbitration and/or conciliation;

c) to the agreements on public procurements connected with issue, purchase, sale or transfer of securities or other financial records, especially with transactions of the buying bodies for accumulating of money or the capital;

with-1) agreements on printing of banknotes and stamping of coins, and also on their transportation;

with-2) the agreements of accession signed by National Bank of Moldova with the international financial institutions, economic operators - nonresidents on whom goods, the works and services providing servicing of the automated interbank payment system, the market of the government and interbank securities, management of currency holdings of the state, servicing of currency transactions of the state, including external debt, external audit of annual financial reports, accounts and registers of National Bank are delivered;

d) to the services rendered by National Bank of Moldova;

e) to the agreements on public procurements announced according to the legislation confidential if their accomplishment be followed by the special measures of safety established by the legislation;

f) to agreements on public procurements which subject are employment contracts;

g) to agreements on concession of social jobs and services;

h) to the agreements on public procurements awarded by one buying body to another or merging of the buying bodies based on exclusive rights which they have under the law;

i) to agreements on public procurements which subject is purchase of goods for the purpose of resale;

j) to purchase agreements the buying bodies of goods from the state material and mobilization reserves;

k) to the purchase agreements of goods, works and services connected with production or sale of weapon, ammunition and systems of arms;

l) to the agreements on public procurements regulated by different procedural rules and awarded:

- based on the international agreement signed between the Republic of Moldova and one or several third countries concerning the goods or works necessary for joint realization or development of works as member countries, or the services necessary for joint realization or development of any project by member countries;

- based on the international agreement about finding of troops and about obligations of the Republic of Moldova or the third state;

- according to special procedure of the international organization.

m) to agreements on printing of ballots and other selective documents, on providing with the materials and the equipment intended for the electoral bodies during the selective period;

n) to the agreements on public procurements signed by diplomatic representations and consular establishments of the Republic of Moldova with economic operators - residents of the states in which they perform activities.

Article 5. Particular treatment

(1) the Buying bodies of the sphere of national defense, law and order, homeland security shall apply provisions of this law, except stipulated in Article 4 exceptions.

(2) the Participation right in procedures of award of agreements on public procurements can be granted by the Government in the amount which is not exceeding 20 percent of purchasing amount to Society of blind people, Society of disabled people, Association of deafs, Production masterful Republican lunatic asylum, penal institutions and other needy persons or preferential terms for participation in these procedures within programs of employment of labor power according to the procedure can be established for them, established by the legislation.

Article 6. The principles of regulation of the relations in the field of public procurements

The relations in the field of public procurements are governed on the basis of the following principles:

a) effective use of public funds and minimizing of risks of the buying bodies;

b) transparency of public procurements;

c) ensuring the competition and fight against the disloyal competition in the field of public procurements;

d) environmental protection and assistance to long-term development by means of public procurements;

e) protection of public order, moral principles and public safety, health, life of people, flora and fauna;

f) liberalization and development of international trade;

g) free turnover of goods, freedom of establishment and rendering services;

h) equal approach, impartiality and exception of discrimination in relation to all ofertant and economic operators;

i) assistance to economic resident operators of the Republic of Moldova in that measure in what it does not contradict rules of international law which participant is the Republic of Moldova;

j) responsibility in implementation of procedures of public procurements.

Article 7. Legal basis

(1) the Relations in the field of public procurements are regulated by this law, other laws, the orders of the Government accepted according to this law.

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