Contract notice: Technical assistance services Tender - 18337043

Object of the contract
Technical assistance services
Description: Contract notice: Technical assistance services
Authority Type: Regional or local authority
Contact Nature: Services
Procedure: Open procedure
Document: Contract notice
Regulation: European Union
Award criteria: The most economic tender
CPV code: 71356200, 71241000, 71322000, 71356200, 71241000, 71322000
CPV Description: Integrated Waste Management System in Brasov County - consultancy and technical assistance services for the design and implementation of the project. the contract is an Integrated Waste Management System in Judet Brasov - Consultancy and technical assistance services for the elaboration and implementation of the project.
The tenderer will constitute in the favor of the contracting authority a participation guarantee in the amount of 46 000 RON. The guarantee for participation is constituted in accordance with the provisions of art. 36 of GD no. 395/2016 in one of the following ways: a) letter of bank guarantee; b) instrument guarantee issued under the law of an insurance company;
c) bank transfer account opened at the Treasury RO33TREZ1315006X000169 Brasov, CUI 4384150.
Validity of guarantee for participation: 180 days from the date stated for receipt of tender.
The guarantee instrument must be irrevocable and provide that the payment of the participation guarantee will be executed indefinitelyat the first request of the beneficiary on the basis of his / her statement regarding the guilt of the guarantor.
The guarantee instrument must: - contain clearly the name of the contracting authority in whose favor it was constituted, - make express reference to the organized procedure by the contracting authority; - to be made up of the amount specified above;
- to have been entered on thethe validity period for which it was established, which must correspond to the one mentioned above, - contain the legible letter of the issuing institution and / or the authorized signature, - in the case of the submission of joint offers, the participation guarantee must be made on behalf of of the association and to mention that it collectively covers all members of the group of economic operators.The proof of the participation guarantee together with the proof of payment will be transmitted in electronic format (scanned in .jpg or .pdf format), in SEAP, the section "Documents" up to the date and time limit for the submission of tenders.
Participation guarantee deposited in another currency will be made withissued by the NBR from the date of publication of the participation announcement. The amount of the performance guarantee is 10% of the contract price, excluding VAT, and is constituted according to art. 39 and 40 of GG 395/2016, through a guarantee instrument issued under the law by a bank or an insurance company, which becomes an annex to the contract.
The guarantee is constituted within 5 working days of lthe date of signing the contract. The period of validity of the performance guarantee for the contract will be at least equal to the duration of the contract.
If the parties agree, the guarantee of good execution may also be constituted by successive deductions from the amounts due for partial invoices. In this case, the contractor has the obligation to open an account at the disposal of the contracting authority. Initial amount-which the contractor deposits in this account must not be less than 0.5% of the contract price, exclusive of VAT. During the performance of the contract, the contracting authority is to feed this available account by successive deductions from the amounts due and due to the contractor up to the amount set as a performance guarantee in the contract. Complete Fo15. The return of the performance guarantee shall be made in accordance with Art. 42 of GD no. 395 / 2016.
- local budget.
Requirement no. 1: Non-compliance with the situations stipulated in art. 164 of Law no. 98 / 2016.
Qualification conditions: Tenderers in their own name or in association, third parties and subcontractors should not find themselves in the situations referred to in art. 164 par. (1) and (2) of the Lawno. 98/2016 on Sector Acquisitions
Modality of Completion:
- Will be completed and presented to MIII Part III "Exclusion Grounds" Section A "Reasons for Criminal Offenses."
Before awarding the contract, the tenderer ranked first after application the award criterion will, at the request of the contracting authority, present the following editorial documentsit proves / confirms non-compliance with the situations provided by art. 164 of Law 98/2016, both for the sole tenderer / associated bidder and for the subcontractor / third party declared in the tender:
- The criminal record of the economic operator; - The judicial record of the persons who are members of the management, management or oversight of that economic operatorhave the power of representation, decision or control within it, as it results from the certifying certificate issued by the ONRC / constitutive act; 2: Non-compliance with the situations stipulated in art. 165 of Law no. 98 / 2016.
Qualification Condition: Tenderers in their own name or in association, third parties and subcontractors should not be in the situations provided-to art. 165 par. (1) and (2) of Law no. 98/2016 on Sector Acquisitions
Modality of Completion:
- The DUAE Part III "Exclusion Reasons" Section B "Reasons for Paying Taxes or Social Security Contributions."
Before awarding the contract, the Bidder ranked first after applying the award criterion will present at-the request of the Contracting Authority, the following editorial documents proving / confirming non-compliance with the situations stipulated in art. 165 of Law 98/2016, both for the sole tenderer / associated bidder and for the subcontractor / third party stated in the tender:
2 (a) Romanian legal persons will present a certificate of fiscal attestation with the situation of the payment obligations to the bugthe general consolidated statement issued by ANAF and a tax attestation regarding the situation of the payment obligations to the local budget, from which the lack of overdue debts at the moment of their presentation shall occur.
2 (b) The foreign legal persons shall present any editorial documents tax certification, tax records, other equivalent documents) issued by co(country and local), in accordance with the national law of the country of residence of the sole / single domicile of the country of origin, to prove that they have fulfilled their obligations to pay taxes, duties and contributions to the consolidated general government (state and local) the associated offeror / subcontractor / third party or the country in which the sole tenderer / associated offeror / subcontractortractant / supporter is established. From the editorial documents presented, there must be a lack of overdue debts at the time of their presentation.
Notes:
1. Certificates will be submitted for all work points and principal and secondary premises for which there are tax obligations; The contracting authority shall exclude from the awarding procedure any economic operator who despriateswho is aware that he has breached his obligations to pay taxes, duties or contributions to the consolidated general budget, and this has been established by a court decision or administrative decision having a final and binding character in accordance with the law of the State in which the said economic operator is set up. The contracting authority will exclude from-the award procedure of 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 consolidated general budget. The economic operator is not excluded from the award procedure if, prior to the exclusionary decision, he fulfills his obligations by paying the taxtaxes, or contributions to the consolidated general government 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. The economic operator is not excluded from the award procedurewhen the amount of taxes, duties and contributions to the general government due and outstanding, meets one of the following conditions:
a) is less than RON 4, 000; b) it is higher than 4, 000 RON and less than 5% the total of the taxes, taxes and contributions owed by the economic operator to their most recent due date. 3: Non-complianceprovided in art. 167 of Law no. 98/2016
Qualification conditions: Tenderers in their own name or in association, third parties and subcontractors should not find themselves in the situations referred to in art. 167 par. (1) of the Law no. 98/2016 on Sector Acquisitions
Mode of Performance:
- to be completed DUAE Part III "Exclusion Grounds" Section C "solvency, conflicts of interest or professional misconduct. "
Prior to the award of the contract, the tenderer ranked first after application of the award criterion will, at the request of the contracting authority, present the following editorial documents proving / confirming the non-compliance with the situations referred to in Article 167 above, both for the single bidder / associated bidder, and for the sameo subcontractor / third party 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 Public Procurement Law 98/2016 - Other editing documents, as appropriate
Notes:
1: The contracting authority does not exclude from the awarding procedure an economic operatoragainst which the general insolvency procedure has been opened when, on the basis of the information and / or documents submitted by the economic operator in question, 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 reorganization plan-feasible, which allows a sustainable continuation of the current activity either within the judicial reorganization phase and fully respects the implementation plan of the reorganization plan approved by the court.
2: It is considered that the contracting authority has enough plausible indices for to consider that the economic operator has entered into agreements with other economic operators-aims to distort competition within or in connection with this procedure in the situation in which within the governing bodies of 2 or more economic operators participating in the award procedure are the same persons or persons who are spouse, the second including those who have common interests of a personal, financial or economic nature, orof any other nature.
3: It is considered that the contracting authority has sufficient plausible evidence to conclude 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 situation where a tenderer has filed two or more offers, both individually and jointly with other economic operatorsor it is only jointly with other economic operators.
4: 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 which a bidder has submitted the individual offer / jointly with other economic operators and eyou have been nominated as a subcontractor in another tender.
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, taking into account the shares or the actions undertaken before or during procedure, in one of the situations provided in art. 164, 165, 167 of Law 98/2016, of its natureexclude from the award procedure. In the event of uncertainty as to the personal situation of a tenderer, the contracting authority has the right to request directly information from the competent authorities issuing documents of the kind provided. The contracting authority may require tenderers to submit all or any of the tenders during the procedure-some of the supporting documents as proof of the information contained in the DUAE, according to art. 196 par. 1) of Law no. 98 / 2016.
Requirement no. 4: Non-compliance with the situations stipulated in art. 59 and 60 of Law no. 98/2016
Qualification conditions: Tenderers in their own name or in association, third parties and subcontractors should not find themselves in situations of conflict of interest prevazute at art. 59 and 60 (1) of the Law no. 98/2016 regarding the public procurement.
The way of accomplishing:
- will be filled in the Declaration regarding the conflict of interests for the tenderers / candidates / associate tenderers / subcontractors according to art. 60 of Law 98/2016 Form 16
The persons holding decision-making positions within the contracting authority, regarding the organization, running-and the finalization of the award procedure are:
- President Vestea Adrian-Ioan,
- Vice President Toaso Imelda,
- Vice President Gabor Alexandru-Adrian,
- Secretary Maria Dumbraveanu,
- DGAP General Manager Pascu Mihai,
- DJRP Director Claudia Corina Craciun,
- DRPPD Director Nicolae Sacuiu
- DT Director Elena Andreea Radulea,
- Economic Director Gabriela Agafitei,
- Head of Service AP Daniela Anca Bob- Chief Financial Officer, Elena Mariana Mone, - County Councilors: George-Adrian Vocila, Vestea Mihail, Cornea Gheorghe-Claudiu, Dumitrescu Flavius, Dontu Mihai Aurel, Mares Ioan, Dragutu Ionut, Noaghea Nelu Petru, Sonja Mihaela-Georgiana, Kadas-Iluna Andrei-Marius, Ungureanu Vasile, Emil Council, Christmas Dragos-Romulus, Brebeanu-Gabriela-Ioana, Szakal Andras-Zsolt, Kovacs Attila, Anghel Robert-Ciprian, Tanase Ionut, Babuta Claudiu, Petrareanu Dan, Enache Paul, Mitric Radu-Teodor, Manea Ion, Dragoman Aurora, Suciu Iosif, Postolache Nicolae, Sebeni-Comsa Mariana, Spinean Ionel Fernolend Caroline, Wittstock Eberhard-Wolfgang.
Note:
- The way to demonstrate the fulfillment of heaventhe intent of failing to comply with the provisions of Art. 164, art. 165, art. 167, art. 59 and art. 60 of Law no. 98/2016:
- Economic operators participating in their own name will submit a single DUAE.
- Economic operators that rely on the capabilities of other authorities (third party supporters /subcontractors) will submit their own DUAE and a separate DUAE for each of the authorities on which they rely
- Economic operators submitting an offer in association / group will deposit one DUAE for each of the association / group members
at the request of the authority contracting entity, the bidder ranked first in the interim ranking made after evaluating all bids daccording to the award criterion, will present the supporting documents indicated in the data sheet in order to prove the assumed by the DUAE.
- The supporting documents will be presented in original / legalized copy / legible copy with the mention "according to the original" and will be accompanied, if applicable, by authorized translation in Romanian.
- DUAE failure with the offer (including for• The failure to submit with the DUAE the firm commitment of the third supporter, resulting in the effective way in which its sustainability, subcontracting agreement and / or agreement will be materialized. association, as the case may be, is the basis for requesting clarifications for any inadvertent form of infoof the contents of the DUAE sections of both the tenderer and the subcontractor / third party, which is necessary to ensure the proper conduct of the award procedure. 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 constitutedt, that he is not in any of the situations of cancellation of the establishment, and that he has the professional capacity to perform the activities that are the subject of the contract.
Mode of accomplishment: DUAE Part IV "Selection criteria" will be completed. Ability to meet the requirements
Prior to award of the contract, the bidder ranked first after application-the award criterion shall, at the request of the Contracting Authority, present the following confirmation documents:
(a) For Romanian legal persons
- Certificate issued by the Trade Registry Office of the Territorial Court, which shall at least show the information related to the legal representatives, the field (s) of activity authorized under Article 15 of Law 359/2004 and the corresponding CAEN codes. In the case of a joint offer, the authorization of the activities will be demonstrated for each associate in relation to the engagement in the contract for which the tender is submitted.
(B) For foreign legal persons
- Documents proving a form of registration / attestation or membership professionally, in accordance with the law of the country of residence of the operof the economic operator, at least the full name, duration of operation, registered office, associates / shareholders, empowered persons / administrators, fields of activity, authorized activities
- Fiscal Residence Certificate (avoidance of double taxation) valid for the current calendar year.
Notes:
1. The information from the certificates must beeither actual / current on the date of their submission, following the request of the contracting authority; For Romanian legal persons the documents are presented in original, legalized copy or copy according to the original, and for foreign legal persons the documents are presented in original, legalized copy or copy conforming to the original and will be accompanied by authorized translation in RomanianAna.
3. In the case of an association, each associate will submit the above mentioned documents. The object of the contract must have a correspondent in the CAEN code of the certificate issued by the ONRC (ie the equivalent document submitted by the foreign legal person) for the part of the contract that the associate / associations make. The way in which the fulfillment is demonstratedr
- Economic operators participating in their own name will submit a single DUAE.
- Economic operators that rely on the capabilities of other authorities (third party supporters / subcontractors) will submit their own DUAE and each DUAE separately for each of the authorities is based
- Economic operators submitting an offer in a pool / group will deposit one DUAE for each ofmembers of the association / group.
- At the request of the contracting authority, the tenderer placed on the first place in the interim ranking after evaluating all the submitted bids according to the award criterion will present the supporting documents indicated in the data sheet in order to prove the assumed by the DUAE
DUAE failure with bidding (including affiliate / third party support)it does not accept the rejection of this as unacceptable.
- The failure of the DUAE to make a firm commitment of the third supporter, resulting in the effective manner in which its support, subcontracting agreement and / or association agreement will materialize, as the case may be the basis for requesting clarifications for any inadvertent form of the information contained in the sectionthe DUAE, both of the bidder and of the subcontractor / third party, which is necessary to ensure the proper conduct of the award procedure.
Internet address (URL): www.judbrasov.ro
Directive: Classical Directive (2004/18/EC)