Romania – Railway bridge construction work – ”POD CF NOU KM 317+950, LINIA CF DEDA – RĂZBOIENI ȘI DEMOLAREA PODULUI CF EXISTENT (EXECUŢIE)“ SRCF BRAȘOV

The works for the objective ”New CF Bridge at km 317+950, CF Line Deda – Războieni and demolition of the existing CF bridge (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 documents 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 documents 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, based on a qualified certificate, issued by an accredited certification service provider. **SUSPENSIVE CLAUSE**: The award procedure is subject to the present suspensive clause, in the sense that the signing of the works execution contract will only take place after securing the source of financing. The conclusion of the contract with the economic operator who will be declared the winner following the completion of the sectoral procurement procedure, for the execution of the works related to this objective, is conditional on obtaining/approval of the works financing, the signing of the contract being possible only in the situation where the provisions regarding the commitment of expenditures from the budgets subject to the legislation on public finances are respected. In case, for whatever reason, the obtaining/approval of the works financing 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 Law 99/2016 updated: ”if breaches 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 case of 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 full responsibility in relation to the possible damages they may suffer in the described situation. It is estimated that the period during which the suspensive clause applies is 12 months from the approval of the procedure report. Taking into account this aspect, tenderers will consider the extension of the validity of the tender and the participation guarantee, at the request of the contracting entity, until the conclusion of the works contract.