Romania – Magnetic resonance imaging equipment – ACHIZITIE ECHIPAMENTE SUB CLAUZA SUSPENSIVA

A public procurement procedure is being conducted for the award of a public procurement contract with the object FURNIZARE ECHIPAMENTE MEDICALE PENTRU IRO IASI - PROCEDURA SUB CLAUZA SUSPENSIVA. The number of days within which requests for clarification can be submitted before the deadline for submission of tenders is 18 days, in accordance with art. 160 of Law 98/2016. The contracting authority will respond to all requests for clarification/ additional information, on the 11th day before the deadline set for the submission of tenders, in accordance with art. 161 of Law 98/2016. Any request for clarification must be submitted in SEAP (http://sicap-prod.e-licitatie.ro/pub). Suspensive clause procedure: “The procedure for awarding the public procurement contract is initiated under the suspensive clause, in the sense that the conclusion of the public procurement contract is conditional on the allocation of budget credits for this purpose, the contract being signed with the observance of the provisions regarding the commitment of expenditures from the budgets that fall under the incidence of the legislation on public finances. In view of the provisions of Law 98/2016 on public procurement and H.G. no. 395/2016, with subsequent amendments and additions, the Contracting Authority specifies that it will conclude the contract with the tenderer declared the winner only to the extent that the necessary funds for the procurement will be ensured through the allocation of budget credits for this purpose. In the event that, for whatever reason, the budget credits are not allocated, for a period of 24 months from the date of approval of the procedure report, the award procedure will be automatically cancelled, in the conditions in which there is no other source of financing, in accordance with the provisions of art. 212 para. (1) lit. c) item 2 of Law 98/2016 with subsequent amendments and additions, making it impossible to conclude the public procurement contract. Tenderers within this procedure understand that the Contracting Authority cannot be considered responsible for any damage in the event of cancellation of the award procedure, regardless of the nature of the damage and regardless of whether the Contracting Authority has been notified of the existence of such damage. Tenderers within this procedure accept the use of the above special conditions/suspensive clause, assuming the entire responsibility in relation to any potential damage they may suffer in the described situation. The maximum period for which the suspensive clause operates is 24 months, so that, in the event that the condition of the existence of the necessary funds is not met, the award procedure is cancelled. In this sense, tenderers will submit a declaration on their own responsibility that they agree with these provisions, in their entirety.”