Romania – Railway construction works – Reabilitare platforma cu inlocuirea aparatelor de cale statia SIBIU, cap Y (executie) – SRCF BRASOV

The works for the objective "Rehabilitation of the platform with the replacement of the track apparatus at the SIBIU station, cap Y (execution)" will be carried out in accordance with the PTH+DE, Task Books and Bill of Quantities. Any interested economic operator has the right to request clarifications/additional information regarding the award documentation up to the 20th day before the deadline for submission of tenders. The contracting entity will respond clearly and completely to all requests for clarifications/additional information regarding the award documentation by the 11th day before the deadline for submission of tenders. The contracting entity will not respond to clarification requests submitted after the set deadline. Any request for clarification must be submitted in SEAP, signed with an extended electronic signature. The estimated value does not include the value of various and unforeseen expenses. The value of various and unforeseen expenses (calculated at a percentage of 15% of the C+M expenses from the contract) is not included in the total value of the contract, represents expenses included in the cost structure of the investment object, in accordance with the provisions of H.G. 907/2016. The use of these amounts is made according to needs, for unforeseen situations that may arise during the execution of the works, situations that could not be taken into consideration at the time of the project's preparation, by concluding an additional act to the initial contract (in accordance with art.235 – 241 of Law 99/2016). The estimated value does not include provisioned sums/implementation reserves. SUSPENSIVE CLAUSE: The award procedure is carried out under the incidence of this suspensive clause, in the sense that the signing of the works execution contract will only be done after ensuring the source of financing. The conclusion of the contract with the economic operator who will be declared the winner after the completion of the sectoral procurement procedure, for the execution of the works related to this objective is conditional on obtaining/approval of the financing of the works, the signing of the contract being possible only in the situation where the provisions regarding the commitment of expenses from the budgets that fall under the incidence of the legislation on public finances are respected. In the event that, for whatever reason, the obtaining/approval of the financing of the works from state budget funds is not realized, after receiving the notification from the competent authorities regarding the non-approval of the financing, the contracting entity reserves the right to apply the provisions of art. 225 alin (1) lit. c) of the updated Law 99/2016: "if violations of the legal provisions affect the award procedure or if the conclusion of the contract is impossible". The tenderers participating in this procedure understand that the contracting entity and/or the Ministry of Transport and Infrastructure and any other functional structure involved in the implementation of this project and/or the Government of Romania, cannot be considered responsible for any damage, regardless of its nature, in the event of the cancellation of the award procedure/non-signing of the works contract within the proposed term, and accept the use of the special conditions stated - the suspensive clause -, assuming the entire responsibility in relation to the possible damages that they may suffer in the described situation. It is estimated that the period during which the suspensive clause is applied is 12 months from the approval of the procedure report. The Contracting Entity estimates that it is possible to obtain the financing necessary for the signing of the contract within 12 months. Taking this aspect into account, tenderers will take into account the extension of the validity of the offer and the participation guarantee, at the request of the contracting entity, until the conclusion of the works contract.