O R D ER
On the approval of Standard Documentation for
The procurement of goods and services
no. 71 of 24.05.2016
Official GazetteNo.140-149/925of27.05.2016
* * *
For the purpose of executing Art. 48 of LawNo.131 of 3 July 2015on public procurement (Official Gazette of the Republic of Moldova, 2015, No.197-205, art.402)and to ensure the application of a unique methodology for the procurement of goods and services, I
ORDER:
1.Approving the Standard Documentation for the Procurement of Goods and Services (according to the Annex).
2.Contracting authorities, when initiating and carrying out procedures for the purchase of goods and services, are required to prepare the award documents in accordance with the approved Standard Documentation.
3.When feeling in the awarding documentation for the initiation of a procurement procedure for goods and services, the contracting authority, at the request of the Public Procurement Agency, is obliged to draw up an Informative Note stating the need to include qualification criteria and evaluation factors. The need to justify the assessment factors is only necessary where the "the most economically advantageous tender” assessment criterion is applied.
4.This Order shall enter into force on the date of its publication in the Official Gazette of the Republic of Moldova.
MINISTER OF FINANCE / Octavian ARMAŞUNo.71. Chisinau, 24 May 2016.
Annex
I. SECTION 1
INSTRUCTIONS FOR TENDERING (IFT)
[Note: shall not be amended by the Contracting Authority!]
A. General provisions
1. The purpose of the auction
1.1. The contracting authority shall, as indicated in the Purchase Data Sheet (PDS1.1.), issues the award documents for the supply of goods / services, as specified in PDS 2the list of goods / services and the technical specifications. The subject and number of the auction are specified in PDS 1.2.-1.3.
2. Principles underlying the award of the procurement contract
2.1. The public procurement contract shall be awarded according to the following principles:
A. Free competition;
B. The efficient use of public funds;
C. Transparency;
D. Equal treatment;
E. Environmental protection;
F. Respect for the rule of law;
G. Confidentiality.
3. The legislation governing public procurement procedures
3.1 The public procurement contract shall be awarded in accordance with the provisions of the following normative acts in force in the Republic of Moldova:
a. LawNo.131 of 03.07.2015on public procurement.
4. The source of funding
4.1. The contracting authority has been allocated public money as it is shownin PDS 1.7for payments to be made under the contract for which this award document is issued.
5. Auction participants
5.1. An auction participant may be any economic operator with the status of an entrepreneur, resident or non-resident, a natural or legal entity, which is entitled to participate, under the LawNo.131 of 03.07.2015on public procurement, to the award of the public procurement contract.
5.2. The auction participant may be a natural or legal person, a company, an association or any legal combination thereof who has been invited to participate in the procurement procedure or wishes to participate in or submit an offer following the contract notice.
5.3. State-owned enterprises of the Republic of Moldova may participate in the procurement procedure if only they demonstrate that they are legally and financially autonomous.
5.4. The tenderer shall submit a declaration according to the form in SECTION 3 (F3.4), that he (including the members of the Association) is not in a conflict of interest regarding his participation in the auction, namely: (i) he is not associated nor has he has been previously associated, directly or indirectly, with any consultant or other entity that has prepared the specifications and other documents related to this auction; And (ii) is submitting only one bid, except for alternative offers according to the article IFT22 (this does not restrict subcontractors' participation in more than one tender).
5.5. The tenderershall not be admitted to auction if included in the Economic Operators’ Ban List in accordance with the provisions of Article IFT39.
5.6. The right to participate in procurement procedures is reserved by the Government, as stipulated in PDS 1.14., to protected workshops where the majority of the employees involved are disabled persons who, by their nature or the seriousness of their deficiencies, cannot engage in ordinary work.
6. Tendering costs
6.1. The tenderershall bear all costs related to the preparation and submission of the offer and the contracting authority shall bear no responsibility for these costs irrespective of the conduct or outcome of the tendering procedure.
7. Language of communication within the auction
7.1. The offer, the documents relating to the award and all the correspondence between the tenderer and the contracting authority shall be drafted in the state language. Documents and printed literature that are part of the offer may be in a different language, provided that they are accompanied by an exact translation of the relevant fragments into the state language, except where this is allowed in PDS1.12.
8. Award Documents Sections
8.1. Award documents shall include all the sections listed below and should be read in relation with any amendments under IFT9.
SECTION 1. Instructions for tendering (IFT)
SECTION2. Purchase Data Sheet (PDS)
SECTION3. Forms for submission of the offer
SECTION4. Terms of Reference. Technical specifications and price.
SECTION5. Contract form
9. Clarification and modification of award documents
9.1. The tenderer requesting clarifications on the award documents shall contact the contracting authority in writing at the address specified inPDS1.13.The contracting authority shall respond in writing to any request for clarification before the deadline for the submission of tenders. The contracting authority shall send copies of the response to all participants who have received the award documents, including a description of the application, without stipulating the source.
9.2. At any time before the closing date for the submission of tenders, the contracting authority may amend the award documents. Any change made in writing shall be part of the awarding documents and shall be immediately communicated in writing to all participants who have received the award documents after the approval by the Public Procurement Agency.
10. Corrupt practices and other prohibited practices
10.1. The Government shall request from the contracting authorities and public tenderers to comply with the highest standards of ethics of conduct in the performance and implementation of procurement procedures, as well as in the execution of contracts financed from public money.
10.2. In accordance with the provisions of point IFT10.1, where the Public Procurement Agency or the contracting authority finds that the tenderer has been involved in any practices described in point IFT10.3within the competition process for the public procurement contract or during the performance of the contract:
A. Shall exclude the tenderer from the respective procurement procedure by including it in the Ban List in accordance with the provisions of the Regulation on the Economic Operators Ban List; or
B. Shall take any other measures provided for in Article 40 LawNo.131 of 03.07.2015on public procurement.
10.3. The following actions shall not be allowed in the procurement and performance procedures, in order to apply the provisions of this point:
A. Promise, offering or giving goods or services, or any other value asset to a person in charge, personally or through an intermediary, to influence the actions of another party;
B. Any act or omission, including misinterpretation, which, knowingly or negligently, misleads or tends to mislead a party to obtain a financial or other benefit or to avoid an obligation;
C. AContract prohibited by law between two or more parties, designed to coordinate their conduct in public procurement procedures;
D. Directly or indirect deterioration or damage to any part or property of that party in order to inappropriately influence its actions;
E. Deliberately destroying, falsifying, counterfeiting or hiding evidence of the investigation, or giving false information to investigators, to essentially prevent an investigation conducted by the competent bodies in order to identify the practices described above; Threat, harassment or intimidation of any party to prevent disclosure of information relevant to the matter or to conduct the investigation.
10.4. The contracting authority’s staff shall have equal obligations in excluding coercive practices to obtain personal benefits in connection with the conduct of public procurement.
B. Qualification criteria
11. General Criteria
11.1. In order to establish qualification data in public procurement procedures, the economic operator shall submit the documents issued by the competent authorities established by the contracting authority in the framework of the public procurement procedures. Depending on the specifics of the procurement and the chosen procedure, the contracting authority shall have the obligation to establish for each procedure the qualification criteria and the supporting documents required by the economic operators.
11.2. The contracting authority shall apply qualification criteria and requirements only for:
a) The tenderer’s personal situation;
b) The ability to exercise professional activity;
c) The economic and financial situation;
d) The technical and / or professional capacity;
e) Quality assurance standards;
f) Environmental protection standards
12. The tenderer’s personal situation
12.1. Any economic operator, resident or non-resident, shall be entitled to participate in the award procedure of the public procurement contract.
12.2. Any tenderer or candidate who is aware of the fact that he has been convicted in the last 5 years by a final Court decision for participation in activities of criminal group organisation, for corruption, for fraud and / or for money laundering.
12.3. Any tenderer who is in any of the following situations shall be excluded from the procedure for awarding the public procurement contract and shall not be eligible:
A. Went bankrupt as a result of a Court decision;
B. Has not fulfilled the obligations to pay taxes, fees and social security contributions to the component budgets of the general consolidated budget in accordance with the legal provisions in force in the Republic of Moldova or in the country where it is established;
C. Has been convicted in the last three years by the final Court decision for an act of violation of professional ethics or for committing a misconduct in professional matters;
D. Presents false information or fails to provide the information requested by the contracting authority for the purpose of proving that the qualification and selection criteria have been met;
E. Is included inthe Economic Operators’ Ban List.
12.4. The contracting authority shall be required to accept as sufficient and relevant any document considered to be illustrative to prove that the tenderer is not in one of the situations described above in the country of origin or in the country where the tenderer is established, such ascertificates, criminal records or other equivalent documents issued by the competent authorities of that country.
12.5. With regard to the cases referred to in paragraph IFT12.3, in accordance with the national law of the State where the tenderers are established, these requests shall refer to natural and legal entities, including, where applicable, company directors or any person with representation, decision or control powers concerning the tenderer.
12.6. Where no documents of the types referred to in IFT12.4are available in the country of origin or in the country where the tenderer is established, or those documents do not cover all the situations provided in paragraph IFT12.1andIFT12.3, the contracting authority shall be required to accept a declaration on its own responsibility or, if in that country there are no legal provisions on the declaration on its own responsibility, a genuine declaration given to a notary, an administrative or judicial authority or a relevant professional association.
13. The capacity to exercise professional activity
13.1. The contracting authority shall require any tenderer to provide proof that a form of registration is a legal person, the legal capacity to provide / provide goods / services in accordance with the legal provisions of the country in which it is established.
14. The economic and financial situation
14.1. The economic and financial capacity shall be presented, where appropriate, by submitting one or more relevant documents, such as:
A. Appropriate bank statements or, where appropriate, evidence of professional risk insurance;
B. Financial statement or, if the publication of such statement is provided by the law of the country where the tenderer is established, extracts from the financial statement;
C. The statement of overall turnover or, where applicable, turnover in the field of activity related to the subject matter of the contract in a previous period, covering the activity for at least the last three years, to the extent that such information is available; In the latter case, the contracting authority shall have the obligation to take into consideration the date on which the economic operator was established or started its commercial activity.
15. Criteria of financial capacity
15.1. The tenderer shall have a minimum level of financial capacity to meet the contract performance requirements:
A) satisfactory completion of a supply of similar goods and / or services during a period specified in the PDS, where the value of an individual contract was the amount set out inPDS 3.6; and
B) availability of liquid or circulating capital, or credit resources from a bank, according toPDS 3.4.
16. Technical and / or professional capacity
16.1. In the case of a procedure for awarding a supply contract for the purpose of verifying the technical and / or professional capacity of the tenderers, the contracting authority shall be entitled to require the following documents, depending on the specificity, the quantity and complexity of the products to be supplied and only to the extent that this information is relevant to the performance of the contract:
A. A list of the main deliveries of similar products made in the past 3 years, containing values, delivery periods, beneficiaries, whether the latter are contracting authorities or private customers. Deliveries of products shall be confirmed by the submission of certificates / documents issued or countersigned by an authority or by the beneficiary customer. Where the beneficiary is a private client and for objective reasons the economic operator is not able to obtain the certification / confirmation, the proof of the products deliveries shall be made by a declaration of the economic operator;
B. A statement of the technical equipment and of the measures applied for quality assurance and, where appropriate, study and research resources;
C. Information on the technical staff / technical body at his / her disposal or whose engagement was obtained by the tenderer, in particular to ensure quality control;
D. Certificates or other documents issued by relevant bodies, attesting conformity of products, clearly identified by reference to relevant specifications or standards;
E. Samples (to the extent that the need for presentation is warranted), descriptions and / or photographs whose authenticity must be demonstrable if requested by the contracting authority.
16.2. In the case of a procedure for awarding a service contract for the purpose of verifying the technical and / or professional capacity of the tenderers / candidates, the contracting authority shall be entitled to require them, depending on the specificity, on the volume and complexity of the services to be provided Either provided and only to the extent that such information is relevant to the performance of the contract, the following:
A list of the main similar services provided over the past 3 years, including values, delivery periods, beneficiaries, whether the latter are contracting authorities or private clients. Service provision is confirmed by the submission of certificates / documents issued or countersigned by an authority or by the beneficiary private customer. If the beneficiary is a private client and for objective reasons the economic operator is not able to obtain certification / confirmation, the proof of the services rendered shall be made by a declaration of the economic operator;
B. A declaration of the technical equipment and of the measures applied for quality assurance and, where appropriate, study and research resources;
C. Information on the technical staff / technical body at his / her disposal or whose engagement was obtained by the tenderer, in particular to ensure quality control;
D. Information on the education, training and qualification of management personnel and of persons responsible for the performance of the service contract;
E. A statement of the average annual number of employees and senior executives over the last 3 years;
F. Where appropriate, information on the environmental protection measures that the economic operator may apply during the performance of the service contract;
G. Information on the machinery, plant and equipment available to the economic operator for the proper performance of the service contract;
H. Information on the part of the contract that the economic operator may intend to subcontract.
16.3. The technical and professional capacity of the tenderer may be supported by another person for the performance of a contract, irrespective of the nature of the legal relationship between the tenderer and that person.
17. Experience criteria
17.1. The tenderer shall have a minimum level of experience in the delivery of goods and / or services in order to qualify for the performance of the contract:
A. Specific experience in the delivery of goods and / or the provision of similar services, specified in PDS 3.6;
B. Minimum production capacity or equipment and / or minimum occupational capacity specified in PDS 3.7.
18. Quality assurance and environmental protection standards
18.1. The contracting authority shall require any tenderer to submit documents attesting that the economic operator complies with certain quality assurance and environmental protection standards.
19. Qualification of candidates in case of association
19.1. In the case of an association, the requirements required to meet the qualification and selection criteria relating to the capacity to exercise the professional activity and those relating to the personal situation must be fulfilled by each associate. Criteria relating to the economic and financial situation and those relating to technical and professional capacity can be met by proportionate cumulation with the tasks of each associate. The turnover criteria, in the case of an association, the average annual turnover taken into account shall be the overall amount resulting from the aggregation of the annual average figures for each member of the association. In the case of an association, the requirements for quality assurance and environmental protection standards must be met by each member of the association. With respect to the similar experience, in order to qualify according to the established requirements, at least one of the associates is to meet the given requirement, and the other associates proportionally to the tasks of each associate.
C. Offers’ preparation
20. Documents included in the offer
20.1. The offer shall include the following:
A) The offer form (F3.1);
B) The offer guarantee (F3.2) in original;
C) Terms of reference, technical specifications and pricing (F4.1 and F4.2.);