Romania – Construction work – Servicii de proiectare, verificare tehnică, asistență tehnică din partea proiectantului pe durata execuției lucrărilor și execuția lucrărilor de construcții-montaj aferente proiectului „Eficientizare energetică Școala Gimnazială Mircea Eliade”

Design, technical verification, technical assistance from the designer during the execution of the works and the execution of the construction and assembly works related to the project "Energy Efficiency of Mircea Eliade Gymnasium School". The contract is not divided into lots. The number of days until which clarifications can be requested before the deadline for submission of tenders set by the contracting authority is 18 days. The contracting authority will fully respond to all clarification requests on the 11th day before the deadline for submission of tenders. To the extent that clarification requests or additional information have been addressed within the period provided for in the participation notice, the contracting authority will respond to all clarification requests within the time limit set by the award documentation. This procedure is initiated with a suspensive clause. The award procedure/acquisition is initiated under the incidence of the present suspensive clause, in the sense that the conclusion of the public procurement contract is conditional upon the conclusion of the financing contract, the signing of the contract being done with the observance of the provisions relating to the commitment of expenditures from the budgets which fall under the incidence of the legislation on public finances. In view of the provisions of Law 98/2016 and HG no. 395/2016 with subsequent amendments and additions, the Contracting Authority specifies that it will conclude the contract with the tenderer declared winner only to the extent that the necessary funds for the acquisition will be ensured by the signing of the financing contract within the PRSM 2021-2027 with Agenţia pentru Dezvoltare Regională (ADR) Sud-Muntenia. In the event that, for whatever reason, the financing contract is not signed, the Contracting Authority, after receiving the notification from Agenţia pentru Dezvoltare Regională (ADR) Sud-Muntenia regarding the non-granting of financing, reserves the right to cancel the award procedure, in the event that there is no other source of financing, in accordance with the provisions of art. 212 alin (1) lit. c) teza 2 of Law no. 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 and/or Agenţia pentru Dezvoltare Regională (ADR) Sud-Muntenia which ensures financing cannot be considered liable for any damage in the event of the cancellation of the award procedure, regardless of the nature thereof and regardless of whether the Contracting Authority and/or Agenţia pentru Dezvoltare Regională (ADR) Sud-Muntenia have been notified of the existence of such damage. Tenderers within this procedure accept the use of the above special conditions/the suspensive clause, assuming full responsibility in relation to any damages that they may suffer in the described situation. In applying the suspensive clause mentioned, in the event that the financing decision is not issued by the expiry date of the initial validity period of the tender, the Contracting Authority has the right to request the contractor to extend the validity period of the tenders and accordingly the participation guarantee. Tenderers have the obligation to respond to the request within the time indicated by the Contracting Authority, a negative response or the absence of a response within the requested time attracts the impossibility of signing the contract, the respective offer being considered withdrawn, without this fact attracting the execution of the participation guarantee.