ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 15, 2003 No. 1123

About approval of the Regulations on public procurements of works

For the purpose of the organization of accomplishment of provisions of the Law on purchase of goods, works and services for the state needs of N1166-XIII of April 30, 1997. (The official monitor of the Republic of Moldova, 1997, N 67-68, Art. 551) and providing single technique of approach to structure, content, procedure for creation and submission of documentation on state purchases of works DECIDES: the Government

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

2. This resolution is applied to public procurements of the works financed in parts or in full by means of the government budget, budgets of administrative and territorial units, the budget of the national social insurance, off-budget funds, extrabudgetary funds of public institutions, external loans relating to the direct or guaranteed public debt.

3. The state investments exceeding 5 million lei financed in accordance with the established procedure from the government budget or by other financial means provided in Item 2 of this resolution affirm the Government.

4. To national public procurements agency together with Department of construction and development of the territories in 3-month time to develop and approve standard documentation on development and submission of offers for public procurement of works.

5. To department of construction and development of the territories according to recommendations of Economic council to develop and submit in accordance with the established procedure for review drafts of the laws on modification and amendments in the Law on purchase of goods, works and services for the state needs N 1166-XIII of April 30, 1997 and the Foreign investment law N 998-XIII of April 1, 1992.

6. To department of construction and development of the territories till January 31, 2005 to develop and submit to the Government for approval regulations on public procurement of services for performance of works in designing and regulations on works agreements in construction.

7. Recognize invalid:

The order of the Government N 711 of December 19, 1996. "About the organization of the biddings (tenders) for designing and implementation of public investments" (The official monitor of the Republic of Moldova, 1997, N 12, the Art. 44);

The order of the Government N 274 of March 11, 1998. "About procedure for cost determination construction and the repair construction works financed from state and local budgets" (The official monitor of the Republic of Moldova, 1998, N 30-33, Art. 277).

 

Minister of Finance

Zinaida Grechany

Iinistr of ecology, constructions and developments of the territories

George Duca

Minister of Justice

To Vasile Dolgiyer

Approved by the Order of the Government of the Republic of Moldova No. 1123 of September 15, 2003

Regulations on public procurements of works

Chapter I General provisions

1. The regulations on public procurements of works (in dalneyshempolozheniye) are developed according to the Law on purchase of goods, works and services for the state needs N 1166-XIII of April 30, 1997 and aim at creation of organizational base and providing single technique of carrying out public procurements of works.

2. In this provision the following terms and determinations are used:

public procurements of works - acquisition of the works connected with construction, reconstruction, disassembly, repair of buildings and production rooms for the state needs at the expense of public funds by any, not prohibited by the law method;

the biddings - one of tender types organized by the state customer through National public procurements agency for the purpose of selection of optimum offers for implementation of public procurements;

National public procurements agency (further - purchases Agency) - the division performing state regulation and cross-industry coordinating in the field of public procurements and also the organization of the biddings for the request of the state customers;

the state customer or the investor (further - the investor) body of public management or the economic agent performing the procedure of purchases and signing agreements with the contractor on performance of works at the expense of public funds;

the working group on purchases (further - working group) group of specialists as a part of body of public management or the economic agent which prepares invitations for participation in preliminary selection or the biddings performs preliminary selection, develops the tender documentation, considers, estimates and compares offers of contractors, constitutes reports on procedures of purchases;

the agreement on public procurement of works - the legal document which consists by mutual consent between the investor and the contractor whose object is performance of works;

the contractor - ofertant to whom the agreement on public procurements of works as a result of application of one of the procedures provided in this provision is awarded;

works - any works connected with construction, reconstruction, repair of buildings and production rooms necessary for realization of the state investments;

the offer - the proposal of the contractor on the conclusion of the purchase agreement of works;

ofertant - the contractor allowed (invited) to the procedure of purchases;

the technical proposal - the offer document developed based on requirements of the specifications established by the investor;

the financial offer - the offer document in which information required by the tender documentation or the invitation to participation on the prices, rates, other financial and commercial conditions is provided;

specifications - documentation submitted separately or as component of the tender documentation which accompanies the engineering design and disaggregates specifications of performance of works, the quality requirement of materials, environmental protection, labor protection, the applied standards and technical regulations, technologies, transportations on the building site, inspection, testing, change checks, measurements, etc.;

offer guarantee - the performance guarantee of the obligation represented by ofertant to purchases Agency together with the offer for the purpose of assurance of the investor that the winning bidder will sign the agreement;

performance guarantee of the agreement (further - guarantee of proper accomplishment) - the guarantee aiming at assurance of the investor of performance of works of the quality provided in the agreement and in time.

3. The works which are subject of agreements on public procurement are specified in appendix to this provision.

4. The agreements on public procurement of works awarded for the purpose of realization of investments are considered as contracts for performance of works.

5. In that case when subject of the contract for works is accomplishment of complex of installation and construction works and acquisition of processing equipment, installations, equipment or other equipment connected with this investment, the cost of the contract (agreement) is determined taking into account the cost of all investment.

6. The investor shall estimate the cost of the agreement on public procurement of works in the bodies given this authority (Department of construction and development of the territories, the Ministry of Finance, the Department of Energy, Chamber of Commerce and Industry, etc.) according to average current market prices.

7. The investor shall create by means of system tender-offer-award equal conditions of participation in public procurement of works to all ofertant, having ensured thereby possibility of the choice of the most competitive ofertant.

8. The principles which are been the basis for award of the agreement on public procurement of works are the following:

a) free competition;

b) efficiency of use of public funds;

c) transparency;

d) equal relation to ofertant;

e) confidentiality, guarantee of nondisclosure of trade secret and protection of intellectual property of ofertant.

Chapter II Choice of the procedure of purchases

9. The investor has the right to initiate application of the procedure of award of the agreement on public procurement of works only when the following conditions are complied:

a) the agreement is included in the annual program of public procurements of works, except as specified, when subject of the agreement is determined by emergence of emergency situation or the situations requiring urgent satisfaction of unexpected requirements;

b) the current year funds (public funds) necessary for agreement performance about public procurement of works are provided;

c) the tender documentation in case of application of one of forms of the biddings or another necessary документацияв case of application of any other procedure of purchases is developed and approved;

d) the working group is created.

10. If terms of the contract provide financing of the agreement on public procurements of works for the credit account which receipt is assigned to ofertant, and the guarantee of this credit, the condition provided in Item 9 b) is provided to the investor it is considered executed.

11. The investor depending on importance, complexity and purpose of works shall use one of the following procedures of public procurement:

a) open tenderings;

b) two-stage biddings;

c) the biddings with limited participation;

d) the special biddings with limited participation;

e) request of price offers;

f) purchases from one source.

12. Depending on complexity of investment the investor can hold open tenderings with preliminary selection or open tenderings without preliminary selection.

13. Open tenderings for implementation of purchase of works without preliminary selection are carried out in one step where the unrestricted number of contractors which correspond to the qualification conditions established by the investor in the tender documentation participates. The number of participants of open tenderings without preliminary selection shall be at least three. About carrying out open tenderings without preliminary selection it is reported in seal.

14. Open tenderings on purchases of works with preliminary selection are carried out in two steps: the unrestricted number of the contractors who responded to the published announcement participates in the first stage, and the contractors who satisfied conditions of preliminary selection participate in the second stage. Open tenderings with preliminary selection are held in that case when investment is extremely important and difficult and has special social and economic value when the investor wishes to perform preliminary selection of competitive ofertant.

15. Open tenderings are held with observance of the following stages:

a) submission by the investor to the Agency on purchases of the tender documentation for approval and the announcement of participation for the purpose of publication in the Bulletin of public procurements;

b) acceptance by the Agency on purchases from ofertantov-candidate of requests for receipt of the tender documentation and delivery of the corresponding documentation everything submitted the application;

c) creation and provision by the Agency on purchases, with assistance of the investor, the explanations on the elements containing in the tender documentation requested by ofertant by whom it was received according to the conditions provided in this provision, copy of the relevant documents;

d) obtaining by the Agency on purchases of sealed packets (envelopes) containing offers and accompanying documents;

e) creation by the Agency on purchases of the tender commission and statement of structure of the working group;

f) opening of offers by the tender commission and the direction them to working group for consideration, assessment and comparison;

g) accomplishment by the working group of the obligations assigned to it according to requirements of this provision:

consideration and check of observance by ofertant of conditions concerning the right of participation in the biddings, registration, the technical and financial and economic capabilities required in the tender documentation;

creation of necessary explanations according to the documents submitted by ofertant;

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