sp2_instructions tenderers.pdf

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A. INSTRUCTIONS TO TENDERERS
PUBLICATION REF.: .: ROMD00184 FAST
By submitting a tender, tenderers fully and unreservedly accept the special and general
conditions governing the contract as the sole basis of this tendering procedure, whatever their
own conditions of sale may be, which they hereby waive. Tenderers are expected to examine
carefully and comply with al[ instructions, forms, contract provisions and specifications
contained in this tender dossier. Failure to submit a tender containing all the required
information and documentation within the deadline specified will lead to the rejection of the
tender. No account can be taken of any remarks in the tender relating to the tender dossier;
remarks may result in the immediate rejection of the tender without further evaluation.
1. Supplies to be provided
The subject of the contract is: the supply, delivery and other tasks specifically required by the
contract of the following supplies:
In one lot: Front-wheel drive microbus, with sufficiently high ground clearance, capable of
transporting a maximum of 6+1 passengers as well as small or medium-sized loads, ensuring
minimum purr"ng". comfort both in urban driving and over longer distances, while also
offering passing characteristics on routes of medium complexity with or without cover for
Directoiate of Lxceptional Situations in Hincesti municipality of General Inspectorate for
Emergency Situations of the Ministry of Internal Affairs, Republic of Moldova to the address:
101 A,3l August 1989 str., Hincesti municipality, MD-3401, DDPr in condition DDP and
20 days from the signing ofthe contract and provisional acceptance.
The supplies must comply fully with the technical specifications set out in the tender dossier
(technical annex) and conform in all respects with the drawings, quantities, models, samples,
measurements and other instructions.
1.3 Tenderers are not authorised to tender for a variant solution in addition to the present tender.
2. Timetable
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1.2
DATE TIME
Not applicable Not applicable
06.07.2026
06.07.2026
As indicated in the
Contract notice
As indicated in the
Contract notice
18.08.2026
Page I of9
i.
Clarification meeting / site visit (if any)
Deadline for requesting clarifications
from the contracting authoritY
Last date on which clarifications are
issued by the contracting authority
Deadline for submission of tenders
Tender opening session
Notification of award to the successful
tenderer

ntracting authoritY
Last date on which clarifications are
issued by the contracting authority
Deadline for submission of tenders
Tender opening session
Notification of award to the successful
tenderer
Provisional date* Provisional date
3. Participation
3' l ' Natural or legal persons are not entitled to participate in this tender procedure or be awarded
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Should they do so, their tender *iti.U"
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ren derers who. m ake r.i;;' ;: J;;;;;; "i;"-il#-*:l:l,l'l"1ri"'3ld exclusion in accordance with the Financiai ffiffiil'ifr;'.: ;X""'iltender will be considered irregular.
The exclusion situations referred to above also apply to all members of a jointventure/consoftium, all subcontractors and all suppliers to tenderers, as well as to all entitiesupon whose capacity the tenderer relies for the selection criteria. In cases of doubt overdeclarations, the contracting authority will request documentary evidence that subcontractorsand/or capacity providing entities are not in a situation that excludes them.
3'3' To be elisible to take part in this tender procedure, tenderers must prove to the satisfaction ofthe contrlctin! authority that they comply with the necessary legal, technical and financialrequirements and have the meansio carry out the contract errectivity.
3'4' Subcontracting is allowed. The tenderer.and, where applicable, entities on whose capacitiesit has relied with regard to criteria relating to the 
""onl.ni. and financiai 
"ufucry shall bejointly liable for the performance of the contract.
4. Type of contract
Unit-price
5. Currency
Tenders must be presented in Euro and national currency.
6. Lots
This tender procedure is not divided into lots.
7. Period of validity
7.1
7.2
Tenderers will be bound l
submission of tenders.
In exceptional cases and
contracting authority may
I Forpartners located in partner Countries
by their tenders for a period of 90 days from the deadrine for the
prior to_ the expiry of the original tender validity period, the
ask tenderers in writing to extend this period ay io iuy.. 3uct
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Signature of the contract

r to_ the expiry of the original tender validity period, the
ask tenderers in writing to extend this period ay io iuy.. 3uct
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Signature of the contract
requests and the responses to them must be made in writing. Tenderers that agree to do so will
noi b. permitted to modifi their tenders and they are bound to extend the validity of their
tender guarantees for the revised period of validity of the tender. If they refuse, without
forfeituie of their tender guarantees, their participation in the tender procedure will be
terminated.
j.3 The successful tenderer will be bound by its tender for a further period of 60 days- The further
period is added to the validity period of the tender irrespective of the date of notification.
8. Language of tenders
The tenders, all correspondence and documents related to the tender exchanged by the tenderer
and the contracting authority must be written in the language of the procedure, which is
English or national language.
If supporting documents are not written in English or national language, a translation into the
language of the call for tender must be attached'
9. Submission of tenders
8.1
8.2
9. 1 Electronic submission:
Tenders must be submitted exclusively via the electronic submission system (eSubmission)
available through the TED eTendering website accessible from the F&T portal2. Tenders
submitted in any other way (e.g. e-mail or by letter) will be disregarded'
Tenderers must ensure that their submitted tenders contain all the information and documents
required by the contracting authority at the time of submission as set out in the procurement
documents.
The submission of a tender implies acceptance of the terms and conditions set out in the procurement
documents. The submission binds the contractor to whom the contract is awarded during
performance of the contract. The tenders will be kept confidential until the opening'
A tender received after the time-limit for receipt of tenders will be rejected. The submission receipt
provided by eSubmission with the official date and time of receipt of the submission (timestamp)
constitutes proof of compliance with the time-limit for receipt of tenders. In case of submission via
email, the date of reception of the email is the proof of compliance. In case of paper submission, it
is the date as indicated in the acknowledgement if receipt'
10. Content of tenders
Part 1: Technical offer:
o a detailed description of the supplies tendered in conformity with the technical
specifications, including any documentation required;
Part 2: Financial offer:
o A financial offer calculated
2 https://ec.europa.eu/info/fundine-tenders/opportunities/portal/screen/home
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mentation required;
Part 2: Financial offer:
o A financial offer calculated
2 https://ec.europa.eu/info/fundine-tenders/opportunities/portal/screen/home
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11. Additional information before the deadline for submission of tenders
The tender dossier should be clear enough so that tenderers do not need to request additional
information during the procedure. If the contracting authority, on its own initiative or in
response to a request from a prospective tenderer, provides additional information on the
tender dossier, it must send such information in writing to all other prospective tenderers at
the same time.
Tenderers may submit questions in writing to the following address:www.achizitii.md
Any prospective tenderers s""kirg to arrange individual meetings with the contracting
authority during the tender period may be excluded from the tender procedure.
12. Clarification meeting / site visit
12.1 No clarification meeting / site visit planned. Visits by individual prospective tenderers during
the tender period cannot be organised.
13. Alteration or withdrawal of tenders
I 3.1 Electronic submission: After submitting a tender, but before the deadline for receipt of tenders,
a tenderer mdy definitively withdraw its tender, or withdraw it and replace it with a new one.
13.2 No tender may be withdrawn in the interval between the deadline for submission of tenders
and the expiry of the tender validity period. Withdrawal of a tender during this interval may
result in forfeiture ofthe tender guarantee.
14. Costs of preparing tenders
No costs incurred by the tenderer in preparing and submitting the tender are reimbursable. A1l
such costs will be borne by the tenderer.
15. Ownership of tenders
The contracting authority retains ownership of all tenders received under this tender procedure.
Consequently, tenderers have no right to have their tenders returned to them.
16. Joint venture or consortium
16.1 If a tenderer is a joint venture or consortium of two or more persons, the tender must be a
single one with the object of securing a single contract, each person must sign the tender and
will be jointly and severally liable for the tender and any contract. Those persons must
designate one of their members to act as leader with authority to bind the joint venture or
consortium. The composition of the joint venture or consortium must not be altered without
the prior written consent of the contracting authority.
16.2 The tender may be signed by the representative of the joint venture or consortium only if it has
been expressly so authorised in writing by the members of the joint venture or consortium, and
the authorising contract, notarial act or deed must be submitted to the contracting authority.
All signatures to the authorising instrument must be certified in accordance with the national
laws and regulations of each parly comprising the joint venture or consortium together with
the powers of attorney establishing, in 

rising instrument must be certified in accordance with the national
laws and regulations of each parly comprising the joint venture or consortium together with
the powers of attorney establishing, in writing, that the signatories to the tender are empowered
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to enter into commitments on behalf of the members of the joint venture or consortium. Each
member of such joint venture or consortium must provide the proof required under Article 3.5
as if it, itself were the tenderer.
17. Opening of tenders
11 .1 The purpose of the opening session is to check whether the tenders have been submitted in
accordance with the submission requirements of the call for tenders.
17.2 The date and venue of the iender opening session is indicated in the Contract Notice.
The committee will draw up minutes of the meeting, which will be available on request.
In the case that at the date of the opening session some tenders have not been delivered to the
contracting authority but their representatives can show evidence that it has been sent on time,
the contracting authority will allow them to participate in the first opening session and inform
all representatives ofthe tenderers that a second opening session will be organised.
1'7.3 At the tender opening, the tenderers' names, the tender prices, any discount offered, written
notifications of alteration and withdrawal, the presence of the requisite tender guarantee (if
required) and such other information as the contracting authority may consider appropriate
may be announced.
11.4 After the public opening of the tenders, no information relating to the examination,
clarification, evaluation of tenders, or recommendations concerning the award of the contract
can be disclosed until after the contract has been awarded.
11.5 Any attempt by tenderers to influence the evaluation committee in the process of examination,
clarification, evaluation and comparison of tenders, to obtain information on how the
procedure is progressing or to influence the contracting authority in its decision concerning
the award of the contract will result in the immediate rejection of their tenders.
11.6 All tenders received after the deadline for submission specified in the contract notice or these
instructions will be kept by the contracting authority. The associated guarantees will be
returned to the tenderers. No liability can be accepted for late delivery of tenders. Late tenders
will be rejected and will not be evaluated.
18. Evaluation of tenders
18.1 Examination of the administrative conformity of tenders
The aim at this stage is to check that tenders comply with the essential requirements of the
tender dossier. A tender is deemed to comply if it satisfies all the conditions, procedures and
specifications in the tender dossier without substantially departing from or attaching
restrictions to them.
Substantial departures or restrictions are those which affect the scope, quality or execution of
the 

ions in the tender dossier without substantially departing from or attaching
restrictions to them.
Substantial departures or restrictions are those which affect the scope, quality or execution of
the contract, differ widely from the terms of the tender dossier, limit the rights of the
contracting authority or the tenderer's obligations under the contract or distort competition for
tenderers whose tenders do comply. Decisions to the effect that a tender is not administratively
compliant must be duly justified in the evaluation minutes.
If a tender does not comply with the tender dossier, it will be rejected immediately and may
not subsequently be made to comply by correcting it or withdrawing the departure or
restriction.
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18.2 Technical evaluation
After analysing the tenders deemed to comply in administrative terms, the evaluation
committee willrule on the technical admissibility of each tender, classifuing it as technically
compliant or non-compliant.
The minimum qualifications required (see selection criteria in the additional information about
the contract notice are to be evaluated at the start ofthis stage.
Where contracts include after-sales service and/or training, the technical quality of such
services will also be evaluated by using yes/no criteria as specified in the tender dossier.
18.3 In the interests of t.un.iu."ncy and equal treatment and to facilitate the examination and
evaluation of tenders, the evaluation committee may ask each tenderer individualiy for
clarification of its tender including breakdowns of prices, within a reasonable time iinrir rt-r uc
fixed by the evaluation committee. The request for clarification and the response must be in
writing, but no change in the price or substance of the tender may be sought, offered or
permitted except as required to confirm the correction of arithmetical errors discovered during
the evaluation of tenders pursuant to Article 18.4. Any such request for clarification must not
distort competition. Decisions to the effect that a tender is not technically compliant must be
duly justified in the evaluation minutes.
18.4 Financial evaluation
a) Tenders found to be technically compliant will be checked for any arithmetical errors in
computation and summation. Errors will be corrected by the evaluation committee as
follows: 
,
- where there is a discrepancy between amounts in figures and in words, the amount
in words will be the amount taken into account;
- except for lump-sum contracts, where there is a discrepancy between a unit price and
the total amount derived from the multiplication of the unit price and the quantity,
the unit price as quoted will be the price taken into account.
b) Amounts corrected in this way will be binding on the tenderer. If the tenderer does not
accept them, its tender will be rejected.
c) Unless specified otherwise, the purpose of the financial evaluation process is to identi[, the
tenderer offering the lowest price

 If the tenderer does not
accept them, its tender will be rejected.
c) Unless specified otherwise, the purpose of the financial evaluation process is to identi[, the
tenderer offering the lowest price. Where specified in the technical specifications, the
evaluation of tenders may take into account not only the acquisition costs but, to the extent
relevant, costs borne over the life cycle of the supplies (such as for instance maintenance
costs and operating costs), in line with the technical specifications. In such case, the
contracting authority will examine in detail all the information supplied by the tenderers
and will formulate its judgment on the basis of the lowesttotal cost, including additional
costs.
18.5 Variant solutions
Variant solutions will not be taken into consideration.
18.6 Award criteria
The sole award criterion will be the price. The contract will be awarded to the lowest compliant
tender.
18.7 Documentary evidence for exclusion and selection criteria
The contracting authority may, if it has doubts about whether the tenderer to whom the contract is to
be awarded is in one of the situations leading to exclusion, require the tenderer to provide the
evidence on exclusion criteria: At any time during the procurement procedure and before the award
of the contract, the contracting authority may request documentary evidence on compliance with the
exclusion criteria set out in these instructions.
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19. Notification of award
By submitting a tender, each tenderer accepts to receive notification of the outcome of the
procedure by electronic means. Such notification shall be deemed to have been received on
the date upon which the contracting authority sends it to the electronic address referred to in
the offer.
The contracting authority will inform all tenderers simultaneously and individually of the
award decision. The tender guarantees of the unsuccessful tenderers will be released once the
contract is signed. The successful tenderer will be informed in writing that its tender has been
accepted (notification of award).
20. Signature of the contract and performance guarantee
20.1 The contracting authority reserves the right to vary quantities specified in the tenderby +l-
100%o atthe time of contracting and during the validity of the contract. The total value of the
supplies may not, as a result of the variation rise or fall by more than 25oh of the original
financial offer in the tender. The unit prices quoted in the tender shall be used.
20.2 Within 30 days of receipt of the contract signed by the contracting authority, the selected
tenderer must sign and date the contract and return it, with the performance guarantee (if
applicable), to the contracting authority. On signing the contract, the successful tenderer will
become the cdntractor and the contract will enter into force.
20.3 If it fails to sign and return the contract and any financial guarantee required within 30 days
after receipt

uccessful tenderer will
become the cdntractor and the contract will enter into force.
20.3 If it fails to sign and return the contract and any financial guarantee required within 30 days
after receipt of notification, the contracting authority may consider the acceptance of the tender
to be cancelled without prejudice to the contracting authority's right to seize the guarantee,
claim compensation or pursue any other remedy in respect of such failure, and the successful
tenderer will have no claim whatsoever on the contracting authority.
20.4 The performance guarantee referred to in the general conditions is set at 3%o of the
amount of the contract. The performance guarantee must be presented in the form specified
in the annex to the tender dossier. It will be released within 60 days of the issue of the final
acceptance certificate by the contracting authority, except for the proportion assigned to after-
sales service. The contracting authority may decide not to require such a guarantee.
21. Tender guarantee
No tender guarantee is required.
22.Ethics clauses and code of conduct
22.1 Absence of conflict of interest
The tenderer must not be affected by any conflict of interest and must have no equivalent relation
in that respect with other tenderers or parties involved in the project. Any attempt by a tenderer
to obtain confidential information, enter into unlawful agreements with competitors or influence
the evaluation committee or the contracting authority during the process of examining,
clarif,ring, evaluating and comparing tenders will lead to the rejection of its tender and may
result in administrative penalties according to the Financial Regulation in force.
22.2 Respect for human rights as well as environmental legislation and core labour standards
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The tenderer and its personnel must comply with human rights and applicable data protection
rules. In particular and in accordance with the applicable basic act, tenderers and applicants who
have bein awarded contracts must comply with the environmental legislation including
multilateral environmental agreements, and with the core labour standards as applicable and as
defined in the relevant International Labour Organisation conventions (such as the conveutiotts
on freedom of association and collective bargaining; elimination of forced and compulsory
labour; abolition of child labour).
Zero tolerance for sexual exploitation, abuse and harassment:
The contracting authority'applies a policy of 'zero tolerance'in relation to all wrongful conduct
which has an impact on the professional credibility of the tenderer.
Physical abuse or punishment, or threats of physical abuse, sexual abuse or exploitation,
haiassment and verbal abuse, as well as other forms of intimidation shall be prohibited.
22.3 Anti-corruption and anti-bribery
The tenderer shall comply with all applicable laws and regulations and codes relating to anti-
bribery and anti-corruption. The

 intimidation shall be prohibited.
22.3 Anti-corruption and anti-bribery
The tenderer shall comply with all applicable laws and regulations and codes relating to anti-
bribery and anti-corruption. The Managing Authority reserves the right to suspend or cancel
projeci financing ifcorrupt practices ofany kind are discovered at any stage ofthe award process
or iuring the execution ofa contract and ifthe contracting authority fails to take all appropriate
measures to remedy the situation. For the purposes of this provision, 'corrupt practices' are the
offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for
performing or refraining from any act relating to the award of a contract or execution of a
contract already concluded with the contracting authority.
22.4 Unusual commercial expenses
Tenders will be rejected or contracts terminated if it emerges that the award or execution of a
contract has given rise to unusual commercial expenses. Such unusual commercial expenses are
commissions not mentioned in the main contract or not stemming from a properly concluded
contract referring to the main contract, commissions not paid in return for any actual and
legitimate service, commissions remitted to a tax haven, commissions paid to a payee who is not
cliarly identified or commissions paid to a company which has every appearance of being a
front company.
Contractors found to have paid unusual commercial expenses on projects funded by the
European Union are liable, depending on the seriousness of the facts observed, to have their
contracts terminated or to be permanently excluded from receiving EU funds.
22.5 Breach of obligations. irregularities or fraud
The contracting authority reserves the right to suspend or cancel the procedure, where the award
procedure prorir to have been subject to breach ofobligations, irregularities or fraud. Ifbreach
of obligations, irregularities or fraud are discovered after the award of the contract, the
contracting authority may refrain from concluding the contract'
23. Cancellation of the tender procedure
If a tender procedure is cancelled, tenderers will be notified by the contracting authority.
Ifthe tender procedure is cancelled before the tender opening session the sealed envelopes will
be returned, unopened, to the tenderers.
Cancellation may occur, for example, if:
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 cancelled before the tender opening session the sealed envelopes will
be returned, unopened, to the tenderers.
Cancellation may occur, for example, if:
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the tender procedure has been unsuccessful, namely where no suitable, qualitatively or
financially acceptable tender has been received or there has been no valid response at
all;
the economic or technical parameters of the project have changed fundamentally;
o exceptional circumstances or force majeure render normal implementation of the
project impossible;
o all technically acceptable tenders exceed the financial resources available;
o there have been breach of obligations, irregularities or frauds in the procedure, in
particular where these have prevented fair competition;
o the award is not in compliance with sound financial management, i.e. does not respect
the principles of economy, efficiency and effectiveness (e.g. the price proposed by the
tenderer to whom the contract is to be awarded is objectively disproportionate with
regard to the price of the market.
In no event will the contracting authority be liable for any damages whatsoever including,
without limitation, damages for loss of profits, in any way connected with the cancellation of
a tender procedure even if the contracting authority has been advised of the possibility of
damages. The publication of a contract notice does not commit the contracting authority to
implement the programme or project announced.
24. Appeals 
t
Tenderers believing that they have been harmed by an error or irregularity during the award
process may file a complaint.
Head of Directorate Octavian BUC$A
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