Romania – Engineering works and construction works – Proiectare şi execuție lucrări în cadrul proiectului „Îndesirea rețelei de sprijin pentru lucrări hidrografice pe Dunăre în scopul dezvoltării şi întreținerii infrastructurii de cale navigabilă”

Design and execution of works within the project “Enhancing the support network for hydrographic works on the Danube for the development and maintenance of the navigable infrastructure,” in accordance with the requirements set out in the Terms of Reference – Section II of the Award Documents (DA). SUSPENSIVE CLAUSE: "The procedure for awarding the sectoral procurement contract (proc. contract) is initiated under the terms of this suspensive clause (susp. clause), in the sense that the conclusion of the proc. contract is conditional on obtaining/approval of the necessary funds for this procurement, the signing of the contract (contract) being possible only in the situation where the provisions relating to the commitment of funds from the budgets subject to the public finance legislation are respected. Given the provisions of Law 99/2016 on sectoral public procurement and H.G. 394/2016, with subsequent amendments and additions, the Contracting Entity (CE) 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 with this destination. In the event that, for whatever reason, the budget credits are not allocated, the CE, after receiving the notification regarding the non-approval of financing, reserves the right to cancel the award procedure, in the conditions where there is no other source of financing, cf. art. 225 para. (1) lit. c) point a II of Law 99/2016, making it impossible to conclude the proc. contract. Tenderers within this procedure understand that the CE cannot be considered responsible for any prejudice in the event of cancellation of the award procedure, regardless of the nature of the prejudice and regardless of whether the CE has been notified of the existence of such prejudice. Tenderers within this procedure accept the use of the special conditions above/susp. clause, assuming full responsibility in relation to any potential prejudice they may suffer in the described situation. The maximum period for which the susp. clause operates is 7 months from the date of publication of the Participation Notice in SEAP, so that, in the event that the Ministerial Order is not issued, the award procedure is cancelled." In this sense, by participating in this procedure, tenderers assume and agree with the provisions of the susp. clause, in their entirety. Deadlines by which requests for clarification on the DA are received from potential tenderers: - First deadline: up to the 32nd day before the deadline (deadline) set for the submission of tenders (tenders), - Second deadline: up to the 20th day before the deadline set for the submission of tenders. The CE will respond clearly and completely to all requests for clarification/info. additional as follows: - First deadline: the 24th day before the deadline set for the submission of tenders, - Second deadline: the 12th day before the deadline set for the submission of tenders. In accordance with art. 29, para. (3) of H.G. 394/2016, the CE will only respond to requests for clarification addressed by economic operators up to the deadlines mentioned above. The total estimated value, mentioned in the Procurement Data Sheet at section II.1.5, is: 20,963,628.09 lei, without VAT. This amount represents the estimated value of the sectoral procurement for the works executed by contract in the amount of 20,086,628.09 lei, without VAT, to which is added the value of the Costs for the establishment of the implementation reserve for price adjustment in the amount of 877,000 lei, without VAT. Tenders will be evaluated at the estimated value of the sectoral procurement for the works executed by contract in the amount of 20,086,628.09 lei, without VAT. The value of various and unforeseen costs is not included in the estimated value of the works, being 1,275,000 lei, without VAT. Non-substantial modifications are made without organizing an award procedure, with respect to the provisions of art. 235-241 - Law 99/2016 and within the amounts that have been allocated in the project budget with this destination: 877,000 lei without VAT, value of implementation reserves for price adjustment + 1,275,000 lei without VAT value of various and unforeseen costs.