Romania – Telephone and data transmission services – ,,Servicii de voce și date mobile”

The subject of the framework agreement is the procurement of mobile voice and data services, which will be funded from own resources. Procurement will be finalised by concluding a framework agreement with a single economic operator, for a period of 36 months. Any interested economic operator has the right to request clarifications or additional information regarding the award documentation (Article 160(1) of Law 98/2016 and Article 103(1) of HG 395, as amended and supplemented), within a deadline of 18 days before the deadline for submission of tenders. The contracting authority will respond collectively, clearly and completely to all requests for clarifications/additional information by the 11th day before the deadline set for the submission of tenders (Article 160(2) and 161(1) of Law 98/2016 and Article 27(2)-(4) and Article 103(2) of HG 395/2016). The contracting authority will not respond to a request for clarifications/additional information received in the 17-day period prior to the deadline set for the submission of tenders, the request being considered to have been submitted late. Given that the award documentation contains a minimum set of specific information regarding estimates of the minimum and maximum quantities that may be requested during the entire framework agreement, as well as estimates of the minimum and maximum quantities that may be the subject of a single subsequent contract among those to be awarded during the framework agreement, we emphasize that these minimum and maximum quantities that the contracting authority initially establishes in the award documentation and subsequently in the framework agreement represent estimates of quantities that may be requested during the entire framework agreement and not the exact quantities that will be procured, the latter being able to be smaller, equal to or larger than the estimated ones, depending on the actual needs of the contracting authority. The Promising-Purchaser reserves the right/option to supplement the estimated quantity at the level of the award documentation with up to a maximum of 10% of the maximum quantity for the framework agreement/subsequent contract, for each category of services separately. The price of the services that will be additionally procured on the basis of the revision clause will be that from the financial proposal on which the framework agreement is based and the time period in which this option can be used by the Promising-Purchaser is for the entire validity period of the framework agreement/subsequent contract. In view of the above revision clause, the minimum value of the range from section II.1.5 of the Data Sheet represents the estimated minimum value of the framework agreement, namely 2,737,800.00 lei without VAT, and the maximum value of the range represents the value calculated by taking into account the 10% supplement to the maximum value of the framework agreement, namely 3,179,880.00 lei without VAT. Technical and financial tenders will be within the estimated value, without the 10% supplement, namely the estimated maximum value of 2,890,800.00 lei without VAT. Thus, the maximum value of the range found in section II.1.5 of the data sheet, namely the value resulting from possible supplements, is 3,179,880.00 lei without VAT. The modification of the framework agreement/subsequent contract on the basis of this revision clause is governed by Article 221(1) lit. a) of Law No. 98/2016 and is limited to non-substantial modifications, having all the elements provided for in Article 2(1)-(2) of ANAP Instruction No. 1/2021.