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105 changes: 105 additions & 0 deletions docs/source/agreements.rst
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.. _agreements:

Working with agreements
=======================

Introducing changes into the agreement

Once the tender is completed, a new document, ‘Contract’, is formed in the CDB that can be modified, while participants shall report on contract completion. This can be applied to receive the number of contracts:

GET / contracts to get the number of contracts

GET / contracts / {cid} to receive meta-information on the contract

GET / contracts / {cid} / documents / {did} to receive meta-information on the document

GET / contracts / {cid} / documents / {did}? download = {key to receive one-time link to the file

.. hint::
You can find an agreement by first searching the tender to which the agreement is linked or by filling out a separate search form with details (code or name) of the EO, agreement’s ID in the format MD-... or by the actual number of the agreement indicated in meta-information etc.

The agreement contains links to the files attached that were uploaded by the CA prior to the completion of tender, meta-information about the agreement and a copy of items from the tender.
To introduce changes, CA presses the button ‘Publish changes in the agreement’ on the platform. Such action creates a possibility to upload new files and new meta-information regarding the additional agreement.

CA fills out the following fields:

:changes.contractNumber:
agreement number

:changes.rationaleTypes:
cases to introduce changes into substantial conditions of the agreement. CA can choose one or several reasons.

:changes.rationale:
description of changes introduced into the substantial conditions (free field)

The following is executed to introduce changes in the CDB:

PATCH / contracts / {cid} to change meta-information in the contract

GET / contracts / {cid} / documents to receive all documents

POST / contracts / {cid} / documents to upload additional documents

PATCH / contracts / {cid} / documents / {did } to change information regarding documents

PUT / contracts / {cid} / documents / {did} to upload new version of the document

These changes go into the ‘changes’ envelope, the files attached - into the ‘documents’ envelop with a link to the ID of the respective change. Change status at this point: pending.

For editing purposes, the following fields are displayed to CA, depending on the chosen rationaleTypes:
If rationaleTypes: volumeCuts, itemPriceVariation, priceReduction, taxRate, thirdParty were chosen

* ‘Sum of additional agreement’ contactNumber

If rationaleTypes: durationExtension, fiscalYearExtension were chosen:

* ‘Agreement End Date’ contacts:period:endDate

If rationaleTypes: volumeCuts was chosen:

* A block concerning the information on items is displayed

Once there is status active, information cannot be updated. If needed, a user should register new Change.

CA can update information on nomenclature (items) all the time beginning with automatic creation of the Contract document up until the Contract execution.

Agreement termination
---------------------

In case of termination, CA presses the button ‘Terminate the agreement’ on the platform.

CA fills out the following fields:

:contracts.amountPaid:
amount of money paid on the agreement, required

:contracts.terminationDetails:
reasons for agreement termination if it applies (free text)

CA can attach files.

.. hint::
Prior to changing the agreement’s status, a user should be warned about the irreversibility of such an action. The optimal version is to display a banner warning that the agreement will be changed to the status ‘Agreement terminated’. A checkbox ‘I confirm’ can be displayed on the banner, empty by default, and inactive button ‘Continue’. Upon activation of this field, the ‘Continue’ button becomes active.

At this point, no further actions on the agreement are made.

Agreement execution
-------------------

To report on agreement execution, CA presses the ‘Report on agreement execution’ button on the platform.

CA fills out the following fields:

:contracts.amountPaid:
the amount of money paid on the agreement, cannot be zero, required.

User can attach files.









242 changes: 242 additions & 0 deletions docs/source/belowthresholdprocurements.rst
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.. _belowthresholdprocurements:

Below Threshold Procurements
============================

Procedures not covered by PPL 131 (below 100.000 MDL for works and 80.000 MDL for goods and services) are held according to this procedure. The procurement process is carried out respectively:

#. Clarify the procurement conditions
#. Accept bids
#. Conduct auction
#. Qualify the participants, determine a winner
#. Conclude an agreement

Creating a tender
-----------------

Creating a tender, CA determines key fields of the yet-to-be announced procurement, uploads tender documentation, with the requirements to the procurement object indicated, EO, expected procurement price, and other information related to the tender should be set out, as well as that which determines winner selection criteria:

* Price

Document types
~~~~~~~~~~~~~~

Uploading documents into the tender announcement, CA can choose document type. The following document types are not obligatory but it is best advised to regard them as such:

* Tender documentation (*biddingDocuments*)
* Technical requirements to the procurement item (*technicalSpecifications*)
* Qualification criteria (*eligibilityCriteria*)
* Evaluation criteria (*evaluationCriteria*)
* Draft contract (*contractProforma*)
* Other (no documentType)
* Commercial proposal (*commercialProposal*)
* Technical proposal (*technicalProposal*)

Procurement nomenclature
~~~~~~~~~~~~~~~~~~~~~~~~

CA can divide a procurement into separate elements, determining the required quantity of every item. Items can differ according to the classification code (preserving the same CPV group, e.g. the first three digits shall not change ), delivery place and time, along with the procurement process description. At least one nomenclature shall be created in the tender.

:items.description:
procurement object name

:items.classification.scheme:
CPV according to Common Procurement Vocabulary (CPV), not shown

:items.classification.description:
CPV code which describes the procurement item

:items.classification.id:
classification code title in Romanian

:items.deliveryAddress.postalCode:
postal code

:items.deliveryAddress.countryName:
country

:items.deliveryAddress.streetAddress:
street

:items.deliveryAddress.region:
region

:items.deliveryAddress.locality:
town/city

:items.deliveryDate.endDate:
goods delivery time/execution time of works/ services provision time

:items.unit.code:
measurement unit code

:items.unit.name:
measurement unit

:items.quantity:
goods quantity or the scope of execution of works or services provision

:items.estimatedValue:
expected value

Clarification period
--------------------

Clarification period is separately distinguished in the procurement procedure during the which participants can ask questions regarding the procurement requirements (participant qualification requirements or procurement object requirements), demand issue resolution, and submit a complaint, while procuring entities can provide answers to questions and introduce changes into the procurement conditions. The duration of the clarification period and offer submission is determined by a Procuring Entity.

Submission of offers
--------------------

Legal entities, sole entrepreneurs and natural persons (residents and non-residents).

Once the clarification period is over, the system automatically chooses date and time of the auction, and Platforms inform participants and procuring entities about it; procuring entities can no longer introduce changes into the tender announcement. Participants submit offers that are confidential.

Fields filled out by the user
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

:bids.value.amount:
offer value without VAT

Fields generated by the CDB automatically
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

:bids.date:
offer submission date

:bids.id:
offer ID

:suppliers.contactPoint.telephone:
participant’s contact phone

:suppliers.contactPoint.name:
participant’s name

:suppliers.contactPoint.email:
participant’s email address

:suppliers.identifier:
identification scheme according to the IATI standard (for instance, for Moldova: MD-IDNO)

:suppliers.id:
Moldovan National Registry ID

:suppliers.name:
participant’s name

:suppliers.address.postalCode:
postal code

:suppliers.address.countryName:
country

:suppliers.address.streetAddress:
street name, building number and office number

:suppliers.address.region:
region

:suppliers.address.locality:
town/city

:bids.value.currency:
currency

:bids.value.valueAddedTaxIncluded:
false (VAT not included)


Auction
-------

Platform receives the links to two pages from the CDB - an individual link of the auction participant which has to be sent to this participant only and no one else and a public link to the auction which is published on platforms and official website.

Auction participant accesses his personal page via this link and participates in the auction. Auction is held centrally, with the help of separate CDB components.

During the auction
~~~~~~~~~~~~~~~~~~

.. important::

Do not accept a bid higher than the estimated value of the contract!

Date and time of the auction is determined by the CDB automatically, once the clarification period is completed. Platforms have to inform their users about the upcoming auction beginning date. If no participant is registered after the end of the clarification period, the system automatically changes the procurement status to ‘unsuccessful’. If only one participant submitted the offer, the System then automatically registers the participant as a candidate, and procurement procedure then moves to ‘active: qualification’ status.

If more than one participant is registered, the System activates the single ‘Auction’ module. Those participants who registered their offer for this particular procurement can participate in the auction. All the other users, including the procuring entity of this procurement process, can observe how the auction develops via a public link that is published on platforms and the official website.


Once the Auction module begins, the Platforms are granted access to the auction Internet page for participant authorization and access provision to the auction. By clicking on the link, the Participant agrees to its conditions, after which he receives access to the auction. The following is on the auction page:

* Auction number
* Procurement objects
* ‘Participant’s auction number’ which ensures anonymous participation
* Every participant’s starting bid
* Time till the beginning of the auction and/or participant’s bid

Upon the auction beginning, the System makes a 5 minute pause and announces a round. After the pause, the System automatically announces a round. In every round participants in the order of bid registration during the time period of 2 minutes can make a bid to lower minimum for one reduction step their previous bid.

If the participant has made his choice earlier, the System allows him to introduce changes until the time runs out. If the participant has not performed any action, once the 2 minute period is over, the System keeps unchanged the earlier submitted bid and allows the next participant to make a bid. Once the first round is over, the System makes a 2 minute pause and announces round 2. Auction consists of 3 rounds.

Qualification of participants and identification of the procurement winner
--------------------------------------------------------------------------

Procuring entity sequentially reviews the received tender offers , beginning with the smallest suggested price till the highest. If the participant’s offer with the lowest bid is in compliance with the procuring entity’s requirements, Procuring entity uploads a document that reflects his decision and determines this offer a winner (**awards:status:active**).

If it is not in compliance with the requirements, Procuring entity uploads a protocol confirming his decision to disqualify the participant, and declines such an offer (**awards:status:unsuccessful**). The systems then begins to evaluate the next, from the lowest price point of view, participant (**awards:status:pending**).

If all the offers were declined by Procuring entity upon the completion of clarification process, the tender automatically changes to status ‘unsuccessful’.

While making the final decision (upload of the tender offer review protocol and tender offer change to one of the two possible statuses).

Additionally, CA confirms participant’s (that was determined as a winner) qualification with checkboxes:

* *Award.qualified* - complies with qualification criteria set by CA in the tender documentation

* *Award.eligible* - no grounds to reject the offer according to the Law of the Republic of Moldova exist

Having decided on the winner, the participant that was determined as a winner can upload additional documents to his tender offer (certificates).

Declining the offer, CA has to choose one or several reasons from the dropdown list. Based on his/her choice, fields **title** (grounds for declining) and **description** (argumentation). In case several reasons were selected, the respective fields are merged into one.

CA in free form indicates grounds for declining in the ‘argumentation’ field (**description**). The user cannot change the wording of the grounds for declining (**title**) chosen from the dropdown list. The procedure is executed for each declined participant and his tender offer separately.

.. hint::

Attempting to click the button to change status, the following warning should be displayed: ‘Attention! Pressing the button ‘Decline the offer’ is of irreversible character. This decision can changes only if the participants wishes to appeal against the CA’s decision in the prescribed by the Law order. Please make sure that all the published documents are in line and that you have made the right decision regarding qualification’.

If all the offers were declined by CA upon the qualification, the tender automatically changes to status *‘unsuccessful’*.

Procurement cancellation
------------------------

Procuring entity can cancel the procedure anytime before its completion, apart from terminal statuses (e.g. cancelled, unsuccessful, complete), with compulsory indication of cancellation reason (*cancellations:reason field*).

Concluding an agreement
-----------------------

No sooner than two working days after the announcement of the winner, procuring entity shall publish and change to active status the concluded agreement, filling out the following compulsory fields (meta-info):

:Contracts.contractNumber:
contract number

:Contracts.dateSigned:
signature date

:Contracts.period.startDate:
contract term

:Contracts.period.endDate:
contract term

Before the contact’s status is changed to **active**, Procuring entity should be able to:

* Modify the information and the uploaded files (вызов PUT / contracts / {cid} / documents / {did}). Upon it, procuring entity signs the agreement with EDS (in such case, the status changes to **active**)

* Change contract status to active without EDS (only for belowThreshold)

CA changes the agreement to signed status (active), upon which CA has to change tender to complete status by a separate action.

At this point, the process is completed, and no further actions in the documents are required.



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