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 Negru Vodă”

Design, technical verification, technical assistance from the designer during the execution of the works and the execution of the construction-mounting works related to the project "Energy Efficiency of Negru Vodă Gymnasium School". The contract is not divided into lots. The number of days within 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 requests for clarification on the 11th day before the deadline for submission of tenders. To the extent that requests for clarification or additional information have been addressed within the timeframe set out in the invitation to participate, the contracting authority will respond to all requests for clarification within the timeframe set out in the award documentation. This procedure is initiated with a suspensive clause. The award procedure/acquisition is initiated under the incidence of this suspensive clause, in the sense that the conclusion of the public procurement contract is conditional on the conclusion of the financing contract, 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. Given the provisions of Law 98/2016 and HG nr. 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 funds necessary for the acquisition will be ensured by signing the financing contract within the framework of PRSM 2021-2027 with the Regional Development Agency (ADR) Sud-Muntenia. In the event that, for whatever reason, the financing contract is not signed, the Contracting Authority, after receiving the notification from the Regional Development Agency (ADR) Sud-Muntenia regarding the refusal of financing, reserves the right to cancel the award procedure, in the conditions in which there is no other source of financing, in accordance with the provisions of art. 212 alin (1) lit. c) teza 2 from Law nr. 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 the Regional Development Agency (ADR) Sud-Muntenia which ensures the financing cannot be considered responsible for any prejudice in the event of the cancellation of the award procedure, regardless of the nature of the prejudice and regardless of whether the Contracting Authority and/or the Regional Development Agency (ADR) Sud-Muntenia have been notified of the existence of such prejudice. Tenderers within this procedure accept the use of the above special conditions/suspensive clause, assuming the entire responsibility in relation to the potential prejudices that they may suffer in the described situation. In the application of 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 timeframe indicated by the Contracting Authority, a negative response or the absence of a response within the requested timeframe results in the impossibility of signing the contract, the respective tender being considered withdrawn, without this fact entailing the execution of the participation guarantee.