Brief
The project "Modernization of Level Crossings with Railways" aims to enhance traffic safety and transportation security for all means of transport through specific actions such as modernizing level crossings with railways. The contracts will involve design and execution services for the realization and implementation of two investment objectives. The proposed works include the modernization of level crossings with railways, as described in the technical documentation provided to the Contractor by the Contracting Authority. The designed works are detailed in the specifications and technical documentation attached to the award documentation. SUSPENSIVE CLAUSE: The award procedure is subject to a suspensive clause, meaning that the signing of the execution contract will only occur after securing funding. The conclusion of the contract with the economic operator declared the winner after the award procedure is contingent upon obtaining approval for the funding of the works, with the contract signing possible only if the provisions regarding budget expenditure commitments under public finance legislation are respected. If, for any reason, the funding from the state budget and/or non-reimbursable external funds is not obtained, the contracting entity reserves the right to apply the provisions of Article 225 paragraph (1) letter c) of Law 99/16: "if legal violations affect the award procedure or if the conclusion of the contract is impossible." Participants in the procedure understand that the contracting entity and/or MTI and any other functional structure involved in the implementation of this project and/or the Government of Romania cannot be held liable for any damages, regardless of their nature, in the event of cancellation of the award procedure or non-signing of the contract within the proposed timeframe, and accept the special conditions stated - the suspensive clause - assuming full responsibility for any potential damages they may suffer in the described situation. The period during which the suspensive clause applies is estimated to be a maximum of 6 months from the approval of the procedure report. The Contracting Authority estimates that it may secure the necessary funding for signing the contract in the second semester of 2025. Given this aspect, bidders should consider extending the validity of their offers and participation guarantees, at the request of the Contracting Authority, until the contract is concluded. According to Decision no. 4/14.03.2024 of the Board of Directors of CNCF "CFR" SA, after completing all activities related to signing the contract (approval of the procedure report, resolution of complaints, etc.), the Board of Directors will be requested to approve the signing of the contract, according to applicable legal provisions. Any interested economic operator has the right to request clarifications/additional information regarding the award documentation up to the 22nd day before the deadline for submitting offers. According to Article 172 paragraph (2) and Article 173 paragraph (1) of Law no. 99/2016, the contracting entity will respond clearly, completely, and unambiguously to all requests for clarification/additional information 12 days before the deadline for submitting offers. According to Article 29 paragraph (3) of Government Decision no. 394/2016, the Contracting Authority will only respond to clarification requests submitted by economic operators by the established deadline. Any request for clarification should be submitted through SEAP, and the consolidated response to the clarification requests provided by the Contracting Authority will be made through SEAP.
