Contract notice: Feasibility study Tender in Romania - 22941410

Procurement Summary

Country: Romania

Summary: Contract notice: Feasibility study

Deadline: 02 Jul 2018

Posting Date: 02 May 2018

Other Information

Notice Type: Tender

TOT Ref.No.: 22941410

Document Ref. No.: 190738-2018

Financier: Self Financed

Purchaser Ownership: -

Tender Value: Refer Document

Purchaser's Detail

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Tender Details

Object of the contract
Feasibility study

Description: Contract notice: Feasibility study

Authority Type: Body governed by public law
Contact Nature: Services
Procedure: Open procedure
Document: Contract notice
Regulation: European Union, with participation by GPA countries
Award criteria: The most economic tender
CPV code: 79314000, 71322500, 79314000, 71322500
CPV Description: Revision / Update Feasibility Study and Technical Project Development for "Road Linking A1 to DN 7 (DJ 711 A)", 4-band widening

Feasibility study

Engineering / design services for traffic installations

Revision / Update Feasibility Study and Technical Project Development for "Road to A1-DN 7 (DJ 711 A)", 4-band widening.

According to the provisions of art. 160 par. (1) of the Law no. 98/2016 with the subsequent modifications and completions, the deadline by which any economic operator interested in the participation in the public acquisition procedure has the right to request clarifications or additional information regarding the awarding documentation is 20 days before the deadline for submission to offerIn accordance with the provisions of art. 160 par. (2) of the Law no. 98/2016 with subsequent amendments and completions, the contracting authority sets two deadlines in which it will respond to all clarification requests / additional information as follows:

- The first deadline is 40 days before the deadline for submitting bids. At this time authority cothe contractor will respond to the clarification requests addressed by the economic operators between the publication of the tender notice and until the date of the 45-day deadline, before the deadline for the submission of tenders. Given the contracting authority's obligation to respond clearly and fully to all clarification requests, it mustprovides a reasonable deadline for processing the clarification requests and formulating the required responses, namely 5 days between the 45-day deadline before the deadline for submitting the bids and the first deadline for the clarification, 40 days before the deadline for submission of the bids.

The first answer to the clarifications was set thusallowing economic operators to have a reasonable period for analyzing the awarding documentation.

- The second deadline is 15 days before the deadline for submitting bids. The contracting authority will respond to the rest of the clarification requests addressed by the 20-day deadline before the deadline for submitting bids. Taking into account the auto obligationcontracting parties to respond in a clear and complete manner to all clarification requests, it must allocate a reasonable time for the processing of the clarification requests and the response, ie 5 days between the 20-day deadline, before the deadline for the submission of tenders and the second deadline for publishing clarifications, 15 days ahead-of the deadline for submitting tenders

The second deadline for clarification has been set so that economic operators have a reasonable time to analyze the awarding documentation and to prepare the tenders in the light of the responses provided by the contracting authority. two deadlines for answering clarifications do not affect the operator's rightsonomic to address requests for clarification throughout the period running from the time of publication of the Participation Notice and up to the 20-day deadline before the deadline for the submission of tenders set by the contracting authority

1) The Contracting Authority requests the guarantee of participation issued in the name of the bidder, to be issued by a companybank / insurance company that is not in special situations regarding the authorization or supervision, in the conditions of the law, in the amount of RON 16, 200.00. The guarantee for participation may be issued on behalf of the tenderer and in EUR, in the amount of EUR 3 479.76, calculated at an average rate displayed by the NBR for February 2018 of EUR 1 = RON 4.6555. For calculating the value of the participation guaranteeif the tenderer wishes to provide the guarantee for participation in a currency other than EUR, the average rate for February 2018, published on http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en .cfm.

2) The term of validity of the participation guarantee shall be at least equal to the period of validity of the offer; 3) Participant's guarantee4) The participation guarantee must explicitly stipulate that the payment will be executed unconditionally, ie at the first request of the beneficiary, on the basis of his / her statement regarding the guilt of the guarantor and shall be presented to the contracting authority, at the latest at date and time limit for submitting bids by loading it into SEAP together with the offer. guarantee-the tender will be signed by the tenderer, with mandatory electronic signature, based on a qualified certificate, issued by a certification service provider accredited under the law. Form A will be filled in. The provisions of Art. 35 38 of GD no. 395/2016. Additional information on the participation guarantee is found in Section IV.4.3, "Module pFor the participation guarantee constituted by the bank transfer, the accounts of CNAIR SA opened at BCR Branch Unirea are: RO82RNCB0082008094081283 RON or RO55RNCB0082008094081284 EUR The declared winning bidder will constitute a guarantee of good execution of the contract, in original, in the amount of 10 % of the contract value, excluding VAT, within 5 business days dis at the date of signing the public procurement contract. In the event that during the execution of the public procurement contract, the value of the contract is supplemented, the contractor has the obligation to complete the performance guarantee in correlation with the new value of the public acquisition contact, according to art. 39 par. (5) of GD no. 395 / 2016.

The guarantee of good execution is constituted by virament bank or through a guarantee instrument issued under the law by a banking company or an insurance company, which will become an annex to the contract, the provisions of art. 36 par. (3) (5) of GD no. 395/2016 applying accordingly.

The contracting authority has the right to issue claims on the performance guarantee, anytime during the fulfillment of the procurement contractto the extent of the damage caused, if the contractor fails to fulfill his obligations under the contract. Prior to the issuance of a claim on the performance guarantee, the contracting authority has the obligation to notify the claim both to the contractor and to the issuer of the guarantee instrument, specifying the obligations that have not been respected, as well as theIn the event of execution of the performance guarantee, in whole or in part, the Contractor has the obligation to re-enter the guarantee in relation to the remainder to be executed, according to art. 41 of GD no. 395/2016. The performance guarantee must be presented in accordance with Form B in the "Formulation" section of the awarding documentation.non-reimbursable external grants related to the 2014-2020 financial framework.

To demonstrate the fulfillment of the criteria / qualification requirements:

1) The sole bidder / associated bidder / subcontractor / third party must prove that they do not comply with the provisions of art. 164 of Law no. 98 / 2016.

In this respect, the sole tenderer / associated offeror / subcontractor / third partyor will complete DUAE Part III "Exclusion Grounds" Section A "Reasons for Criminal Offenses."

Also, the bidder ranked first after application of the award criterion, prior to the award of the contract, will present, at the request of the Contracting Authority, the following documents edifiers who prove / confirm the non-compliance in the situations provided by art. 164 moreboth for the sole tenderer / associated offeror and for the supporter / third party named in the offer: the criminal record of the economic operator and the members of the administrative, management or supervisory body of the respective economic operator or those having the power of representation, decision or control within it, as evidenced by the constissued by the ONRC / constitutive act; other editing documents, as the case may be;

2) The sole bidder / associated bidder / subcontractor / third party must prove that they do not meet the provisions of art. 165 of Law no. 98 / 2016.

In this respect, the sole tenderer / associated offeror / subcontractor / third party will complete the DUAE Part III "Exclusion Reasons" section B "Reasonable reasonsthe tenderer ranked first after applying the award criterion, prior to the award of the contract, will present, at the request of the contracting authority, the following editorial documents proving / confirming non-compliance with the stipulated conditions in Article 165 above, both for the single bidder / bidderas well as for the subcontractor / supporter stated in the tender:

Romanian legal persons must submit:

- Certificate of fiscal attestation regarding the fulfillment of the obligations to pay the taxes, taxes or contributions to the general consolidated budget, from which the lack of the outstanding debts at the moment of its presentation.

Foreign legal persons will presentany editorial documents issued by the authorized institutions of the country of origin (tax attestation, criminal records, other equivalent documents, etc.) proving that they have fulfilled their obligations to pay taxes, duties or contributions to the budget generally consolidated, in accordance with the national law of the country of residence of the tendererthe associated contractor / subcontractor / third party or the country where the sole tenderer / associated bidder / subcontractor / third party is established. Note 1: The contracting authority shall exclude from the award procedure any economic operator that it has in its possessionthat he has breached his obligations to pay taxes, duties or contributions to the consolidated general budget and this has been determined by a final judgment and administrative decision of a final and binding nature, in accordance with the law of the State in which the economic operator is set up. Note 2: The contracting authority will exclude from the procedureto award an economic operator if it can demonstrate by any appropriate means that the economic operator has breached its obligations regarding the payment of taxes, duties or contributions to the general consolidated budget

Note 3: The economic operator is not excluded from the procedure award if, prior to the exclusion decision, it fulfills its obligations through the payment of taxtaxes, or contributions to the general consolidated budget due or other means of extinguishing them, or they benefit, according to the law, from their rescheduling or other facilities for their payment, including, as the case may be, any accumulated interest or penalties or fines.

Note 4: The economic operator is not excluded from the award procedure, when the amount of taxes, duties and contributions to the general government due and payable, meets one of the following conditions: (a) It is less than RON 4, 000.00, (b) It is higher than RON 4, 000.00 and less than 5% of the total taxes, taxes and contributions owed by the economic operator at their most recent due date; 3) The sole bidder / bidderthe associated partner / subcontractor / third party has to prove that it does not comply with the provisions of art. 167 of Law no. 98 / 2016.

In this respect, the sole bidder / associated bidder / subcontractor / supporter will complete the DUAE Part III "Exclusion Reasons" Section C "Insolvency, Conflicts of Interest or Professional Misconduct." single / ofertantuthe Associate / Subcontractor / Supporter must submit Form C "Statement of non-compliance with the provisions of Art. 60 par. (1) of the Law no. 98/2016 "according to the model presented in the" Forms "section. Form C will be compulsorily submitted with the DUAE through SEAP and will be signed with an extended electronic signature based on a Qualified Certificateat, issued by a certification service provider accredited under the law.

Note: For the purposes of the provisions of art. 60 par. (1) lit. d) of Law no. 98/2016, through a shareholder or significant associate is understood the person who exercises rights related to shares which, cumulatively, represent at least 10% of the share capital or confer on the holder at least 10% of the total The tenderer ranked first after applying the award criterion, prior to the award of the contract, shall present, at the request of the contracting authority, the following editorial documents proving the non-compliance with the situations provided in art. 167 above, both for the sole tenderer / associated bidder and for the subcontractor / third party abovethe donor declared in the offer:

- Certificates, records, documents proving that the economic operator may benefit from the derogations provided in art. 167 par. (2) and art. 171 of Law no. 98/2016 on Public Procurement, - Other editing documents, as appropriate. Note 1: The contracting authority does not exclude from the award procedure an economic operator against whomeschews the general insolvency procedure when, based on the information and / or documents submitted by the economic operator concerned, establishes that he has the capacity to execute the public procurement contract. This implies that the economic operator is either in the observation phase and has taken the necessary measures to draw up a feasible reorganization plan, the continuation of the current activity, in a sustainable manner, is within the judicial reorganization phase and fully respects the implementation plan of the reorganization plan approved by the court. Note 2: It is considered that the contracting authority has sufficient plausible indices to consider that the economic operator concluded agreements with other economic operators aimed at distortingin the context of or in connection with this procedure, in the situation where within the governing bodies of 2 or more economic operators participating in the awarding procedure are the same persons or persons who are spouses, relatives or cronies until second degree inclusive or having common interests of a personal, financial or economic nature or of any otherNote 3: It is considered that the contracting authority has sufficient plausible evidence to consider that the economic operator has entered into agreements with other economic operators aimed at distorting competition within or in connection with this procedure in the case where a tenderer has submitted two or more more offers, both individually and in common with other economic operators or justtogether with other economic operators. Note 4: It is considered that the contracting authority has sufficient plausible indices to consider that the economic operator has entered into agreements with other economic operators aimed at distorting competition, within or in connection with this procedure, in the which a bidder has submitted the individual offer / jointly with other economic operators and is n- Note 5: The contracting authority will exclude an economic operator at any time of the award procedure in which it is aware that the economic operator is in the possession of the shares or the shares done before or in the course of procedure, in one of the situations provided in art. 164, 165 and 167, to attract exclusion4) The decision-making bodies of the contracting authority, as well as the persons within the contracting authority that may influence the content of the awarding documentation and / or the award procedure are:

- General Manager - IONITA Stefan,

- Deputy General Director General Directorate for Road Infrastructure Development - DIAMANDI Cristia Emilian,

- Deputy General Director General Directorate of Engineering, Studies and Investigations - DICU Craciunel Sorin,

- Director of Engineering and Documentation Analysis Department - PATIU Sorin,

- Deputy Director of Engineering and Documentation Analysis Division -CAPRA Marioara,

- Deputy General Director Direction General Economic and Financial - MASALA Ionut Laurentiu,

- General Counsel - TANASESCU Anghel,

- Director of Purchasing Department of Road Infrastructure - NICOLAE Horia Mihai,

- Head of Public Procurement Department Foreign Funds and State Budget - CURCULESCU Marius Razvan,

- Head of Service Acquisition Services - Daniela Constanta Preda,

- Ioana Filip,

- Madalina Popescu,

- Madalina Aurora Pana,

- Cecilia Florentina Gheorghe, employees of the Service Acquisitions Service,

- Deputy Director DiMediu Medium - Muscalu Ecaterina,

- Deputy Director Technical and Quality Division - Munteanu Adrian Mihai,

- Chief of U.I.P.P. 1 - LUPESCU Alexandru-Bogdan,

- Udeanu Ionut Adrian,

- Bulearca Gabriela,

- Simion Alexandra-Mihaela,

- Taranu Marian,

- Urecheatu Ionut,

- Badea Daniela - employees within U.I.P.P. 1,

- Head of Department of Financing - AMARAZEANU Livia Iuliana Cristina,

- Head of Serviceu - Authors - FRANCULESCU Elena,

- Head of Project Preparation Service - TUDOR Andrei,

- Head of Department Analyzes of Quantities and Quantities Lists - PETCU Dragos Mihai,

- Bureau Officer Archaeological Sites - Bem Carmen-Cornelia, Head of Geotechnical Office and Foundations - ANGHELI Alexandru,

- Domain Expropriation Services DN / VO FEN - COMAN Amelia Luiza,

- Director of Juridical Division - FILIPESCU Andrei,

- HLIBOCIANU Mihaela Ruxandra - Consulting Advisory Service,

- APOSTOL Mircea,

- CAMBOSIE Laura,

- FILIP Gianina,

- PALII Raluca Maria,

- STAN Mihai Iulian,

- STAN Andreea Roxana,

- STANESCU Roxana Mihaela,

- TINTE Dana Ecaterina, Employees in the Consultancy Advisory Service,

- Chief of CFP Service - TICU Catalin Alexandru,

- POPA Raluca Marilena,

- DUINA Neluta Veronica,

- GIVDanut Grigore,

- OTELEA Victor Georgian,

- DOGARU Victor Ioan,

- ROMAN Diana Aurelia, Employees within the CFP Service,

- Bureau Officer Prices Analysis - CALMUS Ion Lucian,

- BUMBAC Georgeta - Chairman CNAIR Board of Directors SA,

- BEJAN Ioan,

- ION Marilena,

- BRAGARU Mihai,

- CORNILA Anisoara,

- MLADINOIU Adrian,

- PELMUS Dragos-Vasile, Members of the Board of Directors of-CNAIR S.A ..

Members of the General Meeting of Shareholders CNAIR S.A. do not have attributions / competencies regarding the awarding documentation and the performance of the public procurement process.

Note 1: Represents a potential situation generating conflict of interest participation in the process of verification / evaluation of the offers of a person who is a spouse, relative or affine, to the second degree inclusive, -with persons forming part of the board of directors / management or supervising body of the individual bidder / associated offeror / subcontractor / third party supporter. Note 2: Represents a potentially conflicting situation situation participation in the process of verification / evaluation of tenders of a person who is found or about whom there are cluesreasonable or concrete information that may have, directly or indirectly, a personal, financial, economic or other interest, or is otherwise in a position to affect its independence and impartiality during the assessment process.

Note 3: If, as a result of clarifications requested by the bidder on a potential conflict-generating situationthe contracting authority establishes that there is a conflict of interest, the contracting authority will take the necessary measures to eliminate the circumstances that generated the conflict of interests, by providing measures such as the replacement of the persons responsible for the evaluation of the offers, when their impartiality is affected, possible removal of the bidder / candidatein relation to the decision-makers of the contracting authority. Note 4: In order to prove that he does not fall into one of the situations provided for in art. 164, 165 and 167 of Law no. 98/2016, the tenderer ranked first after application of the award criterion will, prior to the award of the contract, present at the request of the contracting authority, orwhat editorial document in the country of origin or in the country where the bidder is established, such as certificates, criminal records or other equivalent documents issued by the competent authorities of that country, according to art. 168 par. (1) of the Law no. 98/2016, both for the sole offeror / associated offeror and for third parties and subcontractors statements in the offer.where the above mentioned documents are not issued in the country of origin or in the country where the single tenderer / the associated tenderer / subcontractor / third party is established, or these documents do not cover all the situations provided for in art. 164, 165 and 167 of Law no. 98/2016, the sole tenderer / associated offeror / subcontractor / supporter will either submit a statement on his owneither in the country where there is no legal provision for the declaration on its own responsibility, an authentic declaration made before a notary, an administrative or judicial authority or a professional association with competence in this respect. Note 6: Where there are uncertainties as to the existence or non-existence of an exclusion situation, -the contracting authority has the right to request information directly from the competent foreign authorities. The economic operators submitting the tender must prove a form of registration under the law of the country of residence, from which it appears that the economic operator is legally constituted, that he is not in any of the situations of cancellation of the establishment, and that he hasprofessional capacity to carry out the activities covered by the contract.

In order to demonstrate the fulfillment of the capacity to exercise the professional activity, the sole bidder / associated offeror / third party / subcontractor will complete the DUAE Part IV "Selection Criteria" Section A " to meet the requirements. "Bidder ranked first afterthe application of the award criterion will present, prior to the award of the contract, at the request of the contracting authority, the certificate of attestation issued by the Trade Register Office in full to the Territorial Court, showing that its main / secondary activity, according to CAEN codification, the subject of the contract.

Also in the certificatethe detection report issued by the Trade Registry Office of the Territorial Court must also contain the following information: identification data of the economic operator, shareholders / associations, management bodies, directors, members of the board of directors, members of the supervisory board, participation quotas .

Note 1: For foreign legal persons, sthey will present supporting documents proving a registration form, in accordance with the legal provisions of the country where the tenderer is established, from which the information requested by the contracting authority will be obtained. Note 2: In case of an association, documents will be submitted for each of the members of the association. To satisfy the requirement is sufficient that the object of the assetstate of each member to be in accordance with the part of the contract it will make. Note 3: If the tenderer benefits from support from third parties or if he / she subcontracts parts of the contract, he / she will present the certifying certificate and for third party supporters / subcontractors declared in the DUAE. Note 4: For the subcontractors declared in the DUAE, obithe ect of activity enlisted in the finder's certificate will be in accordance with the part of the contract that they will make.


Internet address (URL): www.cnadnr.ro
Directive: Classical Directive (2004/18/EC)

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