standard doc_eng.docx
STANDARD PROCUREMENT DOCUMENTATION
for the Procurement of Design Services
DESIGN SERVICES
Reconstruction and Reorganization of Educational Institution Buildings Included in the “School Modernization” Project
CPV Code: 71220000-6
Contracting Authority: National Infrastructure Development Office “Moldova – Project” (PI)
Procurement Procedure: Open Tender
Project implemented by the GOVERNMENT OF THE REPUBLIC OF MOLDOVA
with the financial support of the Council of Europe Development Bank (CEB)
and the Eastern Europe Energy Efficiency and Environment Partnership Fund (E5P).
Section 1
General Provisions
1. This Documentation constitutes instructions for contracting authorities and tenderers, used in the initiation and conduct of public procurement procedures for design services and works.
2. This Documentation contains annexes intended for the initiation, publication, award, and amendment of public procurement procedures, as well as annexes intended to facilitate the preparation and submission of tenders and supporting documents enabling the evaluation committee to examine and assess all submitted tenders, as follows:
Financial Proposal (Annex No. 1);
Convent of Integrity (Annex No. 2);
Request for Participation (Annex No. 7);
Tender Validity Declaration (Annex No. 8);
Bank Guarantee Letter (Annex No. 9);
Project Documentation Implementation Schedule (Annex No. 11);
Declaration Regarding Similar Experience (Annex No. 12);
Declaration Regarding the List of Main Works Performed During the Last Year of Activity (Annex No. 13);
Declaration Regarding Specific Facilities, Machinery, and Equipment Required for Proper Contract Performance (Annex No. 14);
Declaration Regarding Specialized Personnel Proposed for Contract Implementation (Annex No. 15);
List of Subcontractors and the Part(s) of the Contract to Be Performed by Them (Annex No. 16);
Association Information (Annex No. 17);
Third-Party Financial Support Commitment (Annex No. 18);
Commitment Regarding Technical and Professional Support of the Tenderer/Group of Economic Operators (Annex No. 19);
Technical Third-Party Support Declaration (Annex No. 20);
Professional Third-Party Support Declaration (Annex No. 21);
Terms of Reference – Design Services (Annex No. 24);
Design Services Procurement Contract (Annex No. 26).
3. The Contracting Authority issues the Procurement Documentation for the procurement of design services and works, as specified in this Standard Documentation.
4. The graphical and written details defining urban planning, land development, architectural, structural and technological solutions, calculation results and justification of adopted solutions, quantities of works, technical characteristics and composition of structural elements, as well as other technical solutions, shall be included in the Terms of Reference (Annex No. 24).
5. The Contracting Authority shall ensure that, at the time of initiating the public procurement procedure, financial resources have been allocated or their all
the Terms of Reference (Annex No. 24).
5. The Contracting Authority shall ensure that, at the time of initiating the public procurement procedure, financial resources have been allocated or their allocation is guaranteed and are intended exclusively for the procurement concerned.
6. The award of public procurement contracts for design services and works shall be carried out in accordance with:
Law No. 131/2015 on Public Procurement;
Government Decision No. 638/2020 approving the Regulation on Public Procurement of Works.
7. Where the Contracting Authority initiates a framework agreement as a special method for awarding public procurement contracts for design services, the procedure shall be conducted in accordance with the Regulation on Framework Agreements as a Special Method for Awarding Public Procurement Contracts, approved by Government Decision No. 694/2020.
8. Where the Contracting Authority initiates a negotiated procedure, the procedure shall be conducted in accordance with the Regulation on Public Procurement Using the Negotiated Procedure, approved by Government Decision No. 599/2020.
9. Where the Contracting Authority initiates procedures with pre-selection, the annexes applicable to such procedures shall be used: Annexes No. 1, No. 3–6, No. 25 and No. 26.
10. The Tenderer shall bear all costs associated with the preparation and submission of its Tender and accompanying documents.
11. The Request for Participation (Annex No. 7), Tender, European Single Procurement Document (ESPD), Procurement Documentation, Terms of Reference, and all correspondence between the Tenderer and the Contracting Authority shall be drafted in Romanian. Alternatively, all listed documents may be prepared in one of the internationally used languages. Supporting documents and printed technical literature forming part of the Tender may be drafted in another language specified in the Procurement Documentation, provided that they are accompanied by an accurate translation of the relevant excerpts into Romanian.
12. In the case of design service procurement, construction designers shall be required to provide author's supervision throughout the execution of the works.
13. The Contracting Authority shall ensure access for the Tenderer(s) to visit the object subject to design in order to prepare their Tender for participation in the procurement procedure.
14. The Tenderer shall be permitted to visit and inspect the object subject to design, including its surroundings, and obtain all information necessary for preparing the Tender. During such visits, the Tenderer shall assume all risks related to accidents resulting in death, personal injury, loss of property, or property damage. The Tenderer shall bear all costs, losses, or damages arising from visiting the project site.
15. If the Contracting Authority determines that a Tenderer has engaged in the practices described in Clauses 28 and 29 during the procurement procedure, it shall:
Exclude the Tenderer from the proc
.
15. If the Contracting Authority determines that a Tenderer has engaged in the practices described in Clauses 28 and 29 during the procurement procedure, it shall:
Exclude the Tenderer from the procurement procedure and submit a request to the Public Procurement Agency for inclusion in the List of Debarred Economic Operators in accordance with Government Decision No. 1420/2016; or
Take any other measures provided for under Article 42 of Law No. 131/2015 on Public Procurement.
16. The following actions are prohibited within the procurement procedure:
Promising or offering, directly or indirectly, goods, services, privileges, or advantages of any kind to a public official in order to influence the actions of another party;
Any act or omission, including misrepresentation, that knowingly or negligently misleads or attempts to mislead a party in order to obtain a financial or other benefit or avoid an obligation;
Any agreement prohibited by law between two or more parties aimed at coordinating their behavior in public procurement procedures;
Directly or indirectly harming any party or its property in order to improperly influence its actions;
Deliberately destroying, falsifying, counterfeiting, or concealing evidence relevant to investigations, providing false information to law enforcement authorities, or intimidating, harassing, or threatening any party to prevent disclosure of information relevant to an investigation.
Section 2
Qualification of Candidates/Tenderers
18. Any economic operator, resident or non-resident, natural or legal person under public or private law, or association thereof, shall have the right to participate in the procedure for awarding public procurement contracts for design services and works.
19. Any natural or legal person involved in preparing the procurement documentation may participate as a Tenderer, consortium member, or subcontractor only where such involvement does not distort competition. Any person directly involved in the examination and evaluation of Tenders shall not be eligible to participate as a Tenderer, consortium member, or subcontractor, under penalty of exclusion from the award procedure.
20. Several legal entities may form an association for the purpose of submitting a joint Tender, provided that each member submits a separate ESPD. The association shall be submitted in written form upon the Contracting Authority’s request once declared in the ESPD.
21. Subsidiaries of economic operators possessing legal personality and registered in accordance with Clause 35 shall have the right to participate in their own name, provided they submit documents demonstrating eligibility, registration, technical capacity, and financial-economic capacity.
22. Branch offices shall have the right to participate and conclude the contract only on behalf of the legal entity through an authorization. In this case, all eligibility, registration, technical capacity, and financial-economic capacity documents shall belong to the
he contract only on behalf of the legal entity through an authorization. In this case, all eligibility, registration, technical capacity, and financial-economic capacity documents shall belong to the legal entity.
23. To confirm qualification data within the public procurement procedure, the economic operator shall complete and submit the ESPD in accordance with the form approved by Order of the Minister of Finance No. 72/2020 and the requirements established by the Contracting Authority.
24. Submission of any ESPD form other than the approved form shall constitute grounds for disqualification.
25. Depending on the specifics of the procurement and the selected procedure, the Contracting Authority shall establish qualification criteria and supporting documents required from economic operators for each procurement procedure.
26. The Contracting Authority shall apply qualification criteria and requirements only with respect to:
Eligibility of the Tenderer or Candidate;
Professional activity authorization;
Economic and financial capacity;
Technical capacity;
Quality assurance standards;
Environmental protection standards.
27. For the purpose of verifying qualification data within public procurement procedures, the economic operator shall submit, at the evaluation stage, the documents requested by the Contracting Authority. Documents shall be submitted electronically through the Automated Information System “State Register of Public Procurement” (SIA RSAP), except for the cases provided under Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement.
28. Any Tenderer or Candidate shall be excluded from the public procurement award procedure if it is confirmed that, within the last five years, it has been convicted by a final court judgment for participation in the activities of a criminal organization or group, corruption, fraud and/or money laundering, terrorist offences or offences related to terrorist activities, terrorism financing, child labour exploitation, or other forms of human trafficking.
29. Any Tenderer shall be excluded from the public procurement contract award procedure, and shall therefore be considered ineligible, if it falls under any of the circumstances provided for in Article 19(2), Article 19(3), and Article 16(6) of Law No. 131/2015 on Public Procurement.
30. Any Tenderer/Candidate falling under one of the situations referred to in Clauses 28 and 29 shall provide evidence demonstrating that the measures taken are sufficient to prove its reliability and integrity despite the existence of a ground for exclusion. Where the Contracting Authority considers such evidence sufficient, the Tenderer/Candidate shall not be excluded from the procurement procedure, except where the economic operator has been prohibited from participating in public procurement procedures by a final court decision.
31. The Contracting Authority shall obtain the information necessary to determine the existence or absence of the circumstances r
ticipating in public procurement procedures by a final court decision.
31. The Contracting Authority shall obtain the information necessary to determine the existence or absence of the circumstances referred to in Clauses 28 and 29 from the available databases of public authorities or third parties. If this is not possible, the Contracting Authority shall accept any document deemed appropriate and relevant for demonstrating that the Tenderer/Candidate does not fall under any of the situations referred to in Clauses 28 and 29, issued in the country of origin or the country in which the Tenderer is established, such as certificates, criminal record extracts, or equivalent documents issued by competent authorities.
32. With regard to the references contained in Clause 29, in accordance with the domestic legislation of the state where Tenderers are established, these requirements shall apply to both natural and legal persons, including, where applicable, company directors or any person with powers of representation, decision-making, or control in relation to the Tenderer/Candidate.
33. If, in the country of origin or the country where the Tenderer/Candidate is established, documents of the type referred to in Clause 28 are not issued, or such documents do not cover all situations referred to in Clause 29, the Contracting Authority shall accept a declaration on own responsibility or, where no legal provisions exist regarding such declarations, an authenticated statement made before a notary public, administrative or judicial authority, or a competent professional association.
34. The Contracting Authority shall assess the measures undertaken by economic operators, taking into account the gravity and specific circumstances of the offence or misconduct. Where such measures are considered insufficient, the Contracting Authority shall inform the Tenderer/Candidate of the reasons for exclusion.
35. The Contracting Authority shall require any Tenderer to provide proof of legal registration, where applicable, and legal capacity to prepare project documentation and execute works in accordance with the legislation of the country in which it is established.
36. The Tenderer shall possess a minimum level of economic and/or financial capacity and shall provide information/documents regarding its economic and/or financial capacity in order to qualify for contract performance requirements, including:
Achievement of an average annual turnover during the last three years equal to or greater than the amount specified in Clause 16 of the Contract Notice, which shall not exceed twice the estimated contract value, except in duly justified cases related to special risks associated with the nature of the works or services;
General liquidity ratio (current assets/current liabilities) and a minimum liquidity level of not less than 100%;
Appropriate bank statements or, where applicable, evidence of professional risk insurance coverage;
Financial statements for the previous re
ities) and a minimum liquidity level of not less than 100%;
Appropriate bank statements or, where applicable, evidence of professional risk insurance coverage;
Financial statements for the previous reporting period, approved and registered by the competent authorities, together with any other legal supporting documents demonstrating the Tenderer’s financial and economic capacity.
37. Where a contract is divided into lots, the turnover requirement shall apply to each individual lot. However, the Contracting Authority shall establish the minimum annual turnover required from economic operators with respect to groups of lots if the successful Tenderer is awarded several lots that must be performed simultaneously.
38. Upon request by the Contracting Authority, the Tenderer shall submit documents demonstrating its technical and/or professional capacity for the performance of the future contract only insofar as such information is relevant to contract performance and is not available in the databases of public authorities or third parties, as follows:
A list of services completed during the last five years, in accordance with Annex No. 13, accompanied by certificates of satisfactory performance. Such certificates shall indicate the beneficiaries, whether contracting authorities or private clients, the value, duration, and place of execution, and shall specify whether the services were performed in accordance with applicable professional standards and completed successfully;
Information regarding the education, professional training, and qualifications of management personnel and persons responsible for the execution of the project documentation and works, including the Chief Architect, Chief Engineer, and Site Supervisor, certified in accordance with applicable legislation (supported by professional certification documents) and possessing similar experience in the field of the works to be executed, in accordance with Annex No. 15;
A declaration regarding the average annual workforce and management staff during the last three years;
Information concerning environmental protection measures that the economic operator may apply during contract performance, in accordance with Clause 44;
A declaration regarding the machinery, installations, and technical equipment available to the economic operator for the proper performance of the contract for works or design services and works, in accordance with Annex No. 14;
Information concerning the portion of the contract that the economic operator intends, if applicable, to subcontract, in accordance with Annex No. 16. Copies of the contracts concluded with subcontractors shall also be attached to Annex No. 16.
39. The Tenderer/Candidate shall be entitled to rely on the capacities of other entities where such entities perform the activities or services for which the relevant professional capacity is required, in accordance with Annex No. 17.
40. The Tenderer shall possess a minimum level of experience to qualify for
rform the activities or services for which the relevant professional capacity is required, in accordance with Annex No. 17.
40. The Tenderer shall possess a minimum level of experience to qualify for contract performance requirements:
Execution during the last five years of at least one contract with a value not less than 75% of the value of the future contract, confirmed by submission of the service contract together with the Acceptance Certificate/Service Handover Report and certificates of satisfactory performance issued by the Beneficiary (the relevant information shall be included in Annexes No. 12 and No. 13).
41. Upon request of the Contracting Authority, the economic operator shall submit documents and certificates issued by independent bodies attesting compliance with quality assurance standards (ISO 9001). Such certificates shall relate to quality assurance systems based on relevant European standards, certified by bodies complying with European certification standards, or relevant international standards issued by accredited bodies.
42. In accordance with the principle of mutual recognition, the Contracting Authority shall accept equivalent certificates issued by bodies established in Member States of the European Union. Where the economic operator does not possess the quality certificate requested by the Contracting Authority, the latter shall accept any other certifications submitted by the economic operator insofar as they confirm an appropriate level of quality assurance.
43. The economic operator shall submit documents and certificates issued by independent bodies attesting compliance with environmental protection standards, relating to:
The Eco-Management and Audit Scheme (EMAS); or
Environmental management standards based on European or international standards in the field, certified by bodies complying with EU legislation or European/international certification standards.
44. In accordance with the principle of mutual recognition, the Contracting Authority shall accept equivalent environmental certificates issued by bodies established in Member States of the European Union. Where the economic operator does not possess the environmental certificate requested by the Contracting Authority, the latter shall accept any other certifications submitted by the economic operator insofar as they confirm an appropriate level of environmental protection.
45. Contracting Authorities may apply a range of general sustainability criteria for the execution of design services and works, including:
Sustainable construction materials and sourcing;
Storage of recyclable waste and waste management systems;
Demolition waste management;
Installation and commissioning of low-carbon or zero-carbon energy systems and energy sources;
Energy performance contracting;
Recycled content in concrete and masonry;
Reduction of CO₂e emissions per tonne associated with the transport of aggregates used in specified construction elements;
Heating systems, including co
ting;
Recycled content in concrete and masonry;
Reduction of CO₂e emissions per tonne associated with the transport of aggregates used in specified construction elements;
Heating systems, including combined heat and power generation (CHP);
Energy consumption control and management;
Contract Execution Clauses (CEC) requiring the Contractor to implement a site waste management plan and monitor and report its implementation throughout the construction period;
Procurement of products certified as sustainable (four EU ecolabel categories for components);
Interior and exterior paints and varnishes;
Durable clothing and protective equipment;
Wooden flooring;
Water heaters;
Resource-efficient construction;
Maximum on-site reuse of materials and excavated soil, as well as the use of construction materials with high recycled or reused content;
Increased durability of materials, reduced maintenance requirements, and lower noise emissions during construction, operation, and maintenance stages;
Durability of road pavement wearing courses and optimization of maintenance strategies to ensure rolling resistance performance, durability, and noise reduction;
Preparation of specifications and procurement/use of environmentally friendly construction materials;
Use of construction materials with high recycled and reused content and by-products in road construction and maintenance;
Increased pavement durability, load-bearing capacity, and wear resistance;
Development and implementation of monitoring and maintenance plans adapted to the specific situation;
Sustainability assessment of construction materials;
Identification and assessment of hazardous waste risks;
Waste generation during site preparation, construction, operation, and demolition of buildings.
46. In the case of a consortium, the requirements established for meeting the qualification and selection criteria relating to economic and financial standing or technical and professional capacity may be fulfilled cumulatively, in proportion to the responsibilities assigned to each consortium member.
47. With regard to turnover criteria, in the case of a consortium, the average annual turnover taken into consideration shall be the aggregate value resulting from the sum of the average annual turnovers of each consortium member.
48. To qualify in accordance with the established requirements, consortia must demonstrate similar experience proportional to the responsibilities assigned to each consortium member. The Contracting Authority shall not be entitled to impose a minimum threshold of similar experience to be met by an individual consortium member or by the consortium leader, except where such limitation is strongly justified by the nature of the contract and pursues a legitimate public interest objective in compliance with the principle of proportionality. The consortium leader shall perform at least 40% of the value of the future public works procurement contract.
49. The economic and financial capacity, as well
e with the principle of proportionality. The consortium leader shall perform at least 40% of the value of the future public works procurement contract.
49. The economic and financial capacity, as well as the technical and/or professional capacity of the Tenderer/Candidate, may be supported, for the performance of a contract, by another entity, regardless of the legal nature of the relationship between the Tenderer/Candidate and that entity.
50. Where the Tenderer/Candidate demonstrates its economic and financial capacity and/or technical and professional capacity by relying on support provided by another entity in accordance with Clause 49, it shall be required to prove such support through a written, legally binding commitment executed in authenticated form (in accordance with Annexes No. 18–21), whereby that entity confirms that it will make the declared financial, technical, and professional resources available to the Tenderer/Candidate. The commitment shall be submitted upon request of the Contracting Authority once it has been declared in the ESPD. The entity providing financial, technical, and professional support must meet the relevant selection criteria and must not be subject to any of the exclusion grounds referred to in Clauses 28 and 29.
Section 3
Preparation of Tenders
51. Any economic operator interested in participating in the public procurement procedure shall submit a Request for Participation before the deadline established by the Contracting Authority where the provisions of Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement apply. In all other cases, the Request for Participation shall be submitted together with the Tender.
52. The Tender shall include the following forms:
Technical Proposal;
Financial Proposal;
European Single Procurement Document (ESPD);
Tender Security, where applicable (Annex No. 9).
53. All documents referred to in Clause 52 shall be completed without any modification or deviation from the prescribed forms, with all blank spaces filled in with the requested information. Incorrect completion of the forms shall result in rejection of the Tender.
54. The Tender prepared by the Tenderer shall include:
1) Technical Proposal
The Tenderer shall prepare the Technical Proposal so that it fully complies with the qualification requirements, the requirements set out in the Terms of Reference, and the bill of quantities. For this purpose, the Technical Proposal shall include:
a) the Project Documentation Implementation Schedule (Annex No. 11);
2) Financial Proposal
The Tenderer shall prepare the Financial Proposal so that it provides all information requested regarding prices, rates, and any other financial and commercial conditions related to the subject matter of the public procurement contract for works or for design services and works.
55. Economic operators shall prepare their Tenders in accordance with the requirements set out in the Contract Notice published by the Contracting Authority
or works or for design services and works.
55. Economic operators shall prepare their Tenders in accordance with the requirements set out in the Contract Notice published by the Contracting Authority in the Public Procurement Bulletin and shall submit their Tenders electronically using the interactive workflows provided by the electronic procurement platforms, except in the cases provided for under Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement.
56. The Tenderer shall submit the Tender Security in accordance with the Regulation on Public Procurement of Works approved by Government Decision No. 638/2020.
57. In the case of a consortium, the Tender Security shall be submitted by the General Contractor (Consortium Leader).
58. By submitting the Tender Validity Declaration (Annex No. 8), the Tenderer undertakes to maintain the validity of its Tender throughout the validity period specified in the Procurement Documentation. The Tender validity period shall commence from the Tender submission deadline. Any Tender valid for a shorter period than that specified in the Contract Notice shall be rejected by the Evaluation Committee as non-compliant.
59. Where the Tender validity period is extended, the validity period of the Tender Security shall be extended accordingly.
60. The Tenderer shall inform the Contracting Authority whether it agrees to the extension of the Tender validity period. A Tenderer that does not agree to such extension shall be deemed to have withdrawn its Tender without forfeiting the Tender Security.
61. Tenders containing a guarantee period shorter than the Tender validity period specified in the Contract Notice shall be rejected by the Evaluation Committee or, where applicable, by the certified public procurement specialist.
62. The Contracting Authority shall establish the maximum execution period for the design services and works forming the subject of the procurement, based on the implementation process and in accordance with applicable construction regulations. The maximum execution period shall be specified in the Contract Notice.
63. Prices indicated in the Financial Proposal shall be stated in Moldovan Lei (MDL), rounded to two decimal places.
Section 4
Submission and Opening of Tenders
64. The Tender shall be submitted in written form and electronically signed by the company administrator indicated in the Extract from the State Register of Legal Entities or by an authorized representative. In cases of delegation or authorization, the relevant power of attorney or authorization document shall be attached to the Tender and submitted in accordance with the requirements set out in the Contract Notice and the functionalities available within SIA RSAP, except in the cases provided for under Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement.
65. The Tenderer shall take all necessary measures to ensure that the Tender is received and registered in SIA RSAP before the Tender submiss
Article 33(11) of Law No. 131/2015 on Public Procurement.
65. The Tenderer shall take all necessary measures to ensure that the Tender is received and registered in SIA RSAP before the Tender submission deadline, taking into account the time required for uploading the Tender into the system. Where Tenders are submitted in paper format, the Contracting Authority shall issue the economic operator with a receipt indicating the date and time of receipt of the Tender.
66. Supporting documents substantiating the information declared in the ESPD and containing personal data shall be submitted separately, either in paper form or electronically with a qualified electronic signature, using electronic communication means or other methods during the Tender evaluation stage, upon request of the Contracting Authority.
67. SIA RSAP shall not accept Tenders submitted after the expiry of the Tender submission deadline.
68. In the cases provided for under Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement, Tenders submitted after the Tender opening deadline shall be registered by the Contracting Authority and returned unopened to the Tenderer.
69. In the case of a consortium established under Clause 19, each consortium member shall assume responsibility for the joint Tender and shall be liable for any consequences arising from the future public procurement contract. Information regarding the consortium shall be submitted by completing Annex No. 17.
70. A Tenderer shall be entitled to submit only one basic Tender. Consortium members shall not submit additional Tenders individually alongside the joint Tender. Alternative Tenders may be submitted only if the Contracting Authority has explicitly stated in the Contract Notice that such Tenders are permitted or required.
71. Legal entities designated as subcontractors in one or more Tenders shall not be entitled to submit a Tender in their own name or as part of another consortium.
72. The Tenderer shall have the right to amend or withdraw its Tender before the Tender submission deadline without forfeiting its right to recover the Tender Security.
Section 5
Evaluation and Comparison of Tenders
73. Where Tenders contain technical or commercial secrets or information protected by intellectual property rights, the Contracting Authority shall ensure the confidentiality of the Tender content and any information relating to the Tenderer. At the same time, it shall ensure the economic operator’s right to keep such information confidential through the application of Article 33(7) and Article 33(11) of Law No. 131/2015 on Public Procurement. The application of these provisions shall be limited exclusively to the parts containing the aforementioned information.
74. The examination of documents by the Contracting Authority shall be based on the information provided by economic operators in the ESPD and on the requirements specified in the Contract Notice, through which the economic operator declares that:
ing Authority shall be based on the information provided by economic operators in the ESPD and on the requirements specified in the Contract Notice, through which the economic operator declares that:
It is eligible to participate in public procurement procedures and no grounds for exclusion from public procurement procedures exist;
It satisfies the economic and financial standing requirements and/or the technical and professional capacity requirements established by the Contracting Authority in the Contract Notice or Procurement Documentation;
It undertakes to ensure and comply with quality assurance standards and environmental protection standards.
75. The ESPD submitted by economic operators shall, where applicable, be verified directly by the Contracting Authority through automated procedures conducted in SIA RSAP, by accessing databases of public authorities or third parties in the Republic of Moldova and, where necessary, in other countries.
76. If, during evaluation, discrepancies are identified between the information provided by the economic operator in the ESPD and the requirements established by the Contracting Authority, the economic operator shall be disqualified, resulting in the rejection of the Tender as inadmissible and non-compliant, and the documents of the next Candidate/Tenderer shall be examined.
77. An economic operator whose ESPD information complies with the requirements and conditions specified by the Contracting Authority in the Contract Notice/Invitation to Participate shall be obliged to submit the supporting documents upon request and without delay.
78. The Tenderer ranked first following application of the award criterion shall submit the supporting documents demonstrating full compliance with the qualification and selection criteria in accordance with the information contained in the ESPD, except in multi-stage procedures where supporting documents are requested before invitations to participate in the second stage are issued to selected Candidates.
79. Tenders shall be examined by the Evaluation Committee established by the Contracting Authority or, where applicable, by a certified public procurement specialist.
80. The Evaluation Committee or certified public procurement specialist shall determine the clarifications required for the evaluation of each Tender and the time period granted for submitting such clarifications.
81. Where a Tender contains an abnormally low price in relation to the estimated procurement value, the Contracting Authority shall be required to verify the calculation of price components and examine certain elements of the Financial Proposal identified as abnormally low, as well as compliance with the technical requirements set out in the Terms of Reference. Before rejecting such a Tender, the Contracting Authority shall request in writing any details and explanations deemed relevant and shall assess the responses provided to justify the proposed price.
82. The Evaluation Committee or certified
racting Authority shall request in writing any details and explanations deemed relevant and shall assess the responses provided to justify the proposed price.
82. The Evaluation Committee or certified public procurement specialist shall reject a Tender in any of the following circumstances:
The Tenderer does not satisfy the qualification and selection requirements;
The Tender does not comply with the requirements established in the Procurement Documentation for the preparation and submission of Tenders;
The Tenderer fails to provide the requested clarifications within the prescribed period;
The Financial Proposal does not contain a fixed price;
The Tenderer modifies the content of the Technical Proposal and/or Financial Proposal through the submitted clarifications, except where such modifications result from the correction of arithmetic errors or minor deviations;
The Tender is abnormally low pursuant to Article 70 of Law No. 131/2015 on Public Procurement;
The explanations submitted by the Tenderer at the request of the Contracting Authority are inconclusive and/or unsupported by the requested documentary evidence;
Corruption offences, corruption-related offences, or corrupt practices have been established by a final court judgment.
83. If a Tender, including the accompanying forms, does not comply with the requirements established in the Invitation/Contract Notice or the Procurement Documentation, or if it is not duly completed, electronically signed and, where applicable, signed and stamped as required, it shall be rejected by the Contracting Authority. Such Tender may not be corrected for the purpose of achieving compliance by rectifying or removing non-compliant deviations or reservations, except for the correction of arithmetic errors or minor deviations.
84. The Contracting Authority may, at its discretion, request clarification from any Tenderer in order to facilitate the examination, evaluation, and comparison of Tenders. No changes to prices or to the substance of the Tender shall be requested or permitted, except for the correction of arithmetic errors identified during the evaluation process.
85. Arithmetic errors shall be corrected as follows: where a discrepancy exists between the unit price and the total price (obtained by multiplying the unit price by the total quantity), the unit price shall prevail and the total price shall be corrected accordingly.
86. The Evaluation Committee or certified public procurement specialist may correct arithmetic errors only with the Tenderer’s consent. If the Tenderer does not accept the correction, its Tender shall be deemed non-compliant and shall be rejected.
87. The economic operator shall respond to the Contracting Authority’s request for clarification within a maximum of three working days or, in the case of a Request for Quotations procedure, within one working day from the date of dispatch. If the Tenderer fails to provide clarifications or fails to supplement the requested information or
n the case of a Request for Quotations procedure, within one working day from the date of dispatch. If the Tenderer fails to provide clarifications or fails to supplement the requested information or documents within the prescribed timeframe, the Tender shall be rejected and the next-ranked valid Tender shall be considered.
88. A Tender that complies with all terms, conditions, and specifications of the procurement documents, without material deviations, or with only minor deviations, errors, or omissions that may be remedied without affecting its substance, shall be considered compliant.
89. A minor deviation shall mean a minor departure within the Technical Proposal or Financial Proposal meeting the conditions established by the Regulation on Public Procurement of Works approved by Government Decision No. 638/2020.
90. The Contracting Authority shall disqualify any Tenderer submitting documents containing false information for qualification purposes or making misleading or untrue representations regarding compliance with qualification requirements. If such conduct is proven, the Contracting Authority shall declare the Tenderer ineligible for future participation in public procurement contracts following its inclusion in the List of Debarred Economic Operators.
91. The Contracting Authority shall require Tenderers to demonstrate their authority to conclude public procurement contracts and to disclose the composition of founders, partners, shareholders, administrators, and beneficial owners.
92. The successful Tenderer/Consortium Member shall be required to complete and submit the Beneficial Ownership Declaration in accordance with Order of the Minister of Finance No. 145/2020 approving the Declaration on Confirmation of the Identity of Beneficial Owners and their Non-Involvement in Criminal Organizations, Corruption, Fraud, and/or Money Laundering.
Section 6
Contract Award
93. The Contracting Authority shall cancel the public procurement award procedure in accordance with Article 71 of Law No. 131/2015 on Public Procurement.
94. The cancellation decision shall not create any obligation on the part of the Contracting Authority toward Tenderers, except for the return of the Tender Security. The cancellation decision shall be submitted to the Public Procurement Agency no later than the date on which the information regarding the results of the award procedure is communicated, as provided by Article 31(1) of Law No. 131/2015 on Public Procurement.
95. Where the procurement award procedure is cancelled, the Contracting Authority shall notify all participants in writing within a maximum of three days from the cancellation date regarding both the termination of obligations arising from the submission of Tenders and the reasons for cancellation.
96. The Report on the Cancellation of the Public Procurement Procedure shall be prepared by the Contracting Authority and published in the Public Procurement Bulletin no later than the date of issuance of the ca
ort on the Cancellation of the Public Procurement Procedure shall be prepared by the Contracting Authority and published in the Public Procurement Bulletin no later than the date of issuance of the cancellation decision.
97. Upon contract signature, but no later than the expiry date of the Tender Security, where applicable, the successful Tenderer shall submit the Performance Security in accordance with the requirements established in the Regulation on Public Procurement of Works approved by Government Decision No. 638/2020.
98. If agreed by the parties, the Performance Security may be established through successive deductions from monthly payments due under the Contract.
99. The refusal of the successful Tenderer to provide the Performance Security or to sign the Contract shall constitute grounds for cancellation of the award and forfeiture of the Tender Security. In such a case, the Contracting Authority may award the Contract to the next highest-ranked Tenderer whose Tender complies with the requirements and who is considered qualified to perform the Contract. The Contracting Authority shall also be entitled to reject all remaining Tenders.
100. Upon expiry of the standstill period or, where applicable, following the resolution of any complaints or the completion of procurement compliance monitoring by the Public Procurement Agency, the Contracting Authority shall conclude the public procurement contract in accordance with the terms and conditions set out in the Procurement Documentation.
101. On the date of conclusion of the public works contract or design services and works contract, it shall be prohibited to modify any element of the successful Tender, impose new requirements on the successful Tenderer, or involve any Tenderer other than the one that submitted the most advantageous Tender.
102. Contracts financed from the state budget or local budgets shall be mandatorily registered with one of the regional treasuries of the Ministry of Finance and shall enter into force on the date of registration or on a later date specified therein following registration.
103. The Contracting Authority shall use the model contract annexes (Annex No. 26) included in this Standard Documentation, including for call-off contracts concluded under framework agreements (Annex No. 28), low-value contracts, contracts awarded through Requests for Quotations, and contracts resulting from negotiated procedures. The contract may be concluded between one or more Contracting Authorities and one or more Economic Operators and may concern the execution of works or the execution of works together with design services.
104. The Contract consists of two parts:
Part I – General Conditions, which are mandatory and shall not be amended, except in the case of public procurement contracts falling outside the scope of Law No. 131/2015 on Public Procurement;
Part II – Special Conditions, which shall be completed only where necessary and under which the Contracting Authority may es
tracts falling outside the scope of Law No. 131/2015 on Public Procurement;
Part II – Special Conditions, which shall be completed only where necessary and under which the Contracting Authority may establish specific requirements and conditions depending on the procurement object, the complexity of the procedure, and advance payment arrangements.
105. In the case of audit services, the Contracting Authority shall specify in Part II (Special Conditions) the rights and obligations of the Beneficiary and the Contractor in accordance with Order of the Minister of Finance No. 160/2020 approving the Regulation on Contract-Based Internal Audit Activity in the Public Sector.
106. Any Economic Operator that considers that a decision or procurement procedure applied by the Contracting Authority has infringed a right recognized by law and has caused or may cause damage shall be entitled to challenge the decision or procedure in accordance with Law No. 131/2015 on Public Procurement.
107. Complaints shall be submitted directly to the National Agency for Settlement of Complaints. All complaints shall be submitted, examined, and resolved in accordance with Law No. 131/2015 on Public Procurement.
108. Pursuant to Article 83 of Law No. 131/2015 on Public Procurement, an Economic Operator shall have the right to submit a reasoned complaint to the National Agency for Settlement of Complaints within 5 or 10 days from the date on which it became aware of the circumstances giving rise to the complaint.
109. Complaints regarding Contract Notices and Procurement Documentation shall be submitted within the periods specified in Clause 108, but no later than the opening of Tenders by the Contracting Authority.
110. Each Tenderer participating individually or as part of a consortium in the public works procurement procedure shall submit the annexes provided for in this Documentation, duly completed and signed by authorized persons, in accordance with the requirements set out in the Contract Notice.
ANNEX NO. 1
TENDERER__________________________________
(name/company name)
FINANCIAL PROPOSAL
To: ________________________________________________
(name of the Contracting Authority)
Dear Sirs,
Having examined the Standard Documentation for the preparation and submission of Tenders, we, the undersigned, acting as representatives of_____________________________
(name of Tenderer)
hereby offer, in accordance with the provisions and requirements contained therein, to perform:
_______________________________________________________________________
(name of works)
CPV Code: 71220000-6, for the amount of _______________________ MDL,
(amount in words and figures).
2. We undertake that, should our Tender be accepted as successful, we will commence the works as soon as possible following receipt of the Notice to Proceed and will complete the works in accordance with the attached implementation schedule within ________________ calendar months.
(period in words and figures)
3. Until the Pu
eipt of the Notice to Proceed and will complete the works in accordance with the attached implementation schedule within ________________ calendar months.
(period in words and figures)
3. Until the Public Procurement Contract is concluded and signed, this Tender, together with your notification of acceptance designating our Tender as successful, shall constitute a binding agreement between us.
4. We understand and agree that, should our Tender be accepted as successful, we shall provide the Performance Security in accordance with the provisions of the Standard Documentation for the preparation and submission of Tenders.
Date: _______//
____________________, acting in the capacity of ____________________, duly authorized to sign the Tender for and on behalf of:
(name of Tenderer)
Tenderer:
(authorized signature)
Price Schedule of the Financial Proposal
Procurement Procedure Number: __________________________/As indicated in SIA RSAP
Procurement Object: ______________________________
Signed: ___________________
Name, Surname: _________________________________
Capacity: ___________________
Tenderer: _________________________________
COVENANT OF INTEGRITY
to the Borrower from a Contractor, Supplier or Service Provider to be attached to its Tender (or to the Contract in the case of a negotiated procedure)
Note to the Borrower:
It is the Borrower responsibility to report to the CEB any comments the supplier being proposed for award of the contract would have included in this form.
This Covenant of Integrity must be kept by the Borrower and made available, upon request, to the CEB.
We declare and covenant that neither we nor anyone, including any of our directors, employees or agents, acting on our behalf with due authority or with our knowledge or consent, or facilitated by us, has engaged, or will engage, in any Prohibited Practice (as defined below) in connection with the tendering process or in the execution or supply of any works, goods or services for [specify the contract or tender invitation] (the “Contract”) and covenant to so inform you if any instance of any such Prohibited Practice shall come to the attention of any person in our organization having responsibility for ensuring compliance with this Covenant.
We shall, for the duration of the tender process and, if we are successful in our tender, for the duration of the Contract, appoint and maintain in office an officer, who shall be a person reasonably satisfactory to you and to whom you shall have full and immediate access, having the duty, and the necessary powers, to ensure compliance with this Covenant.
If (i) we have been, or any such director, employee or agent acting as aforesaid has been, convicted in any court of any offence involving a Prohibited Practice in connection with any tendering process or provision of works, goods or services during the five years immediately preceding the date of this Covenant, or (ii) any such director, employee or agent has been dismissed or has resig
ing process or provision of works, goods or services during the five years immediately preceding the date of this Covenant, or (ii) any such director, employee or agent has been dismissed or has resigned from any employment on the grounds of being implicated in any Prohibited Practice, or (iii) we have been, or any of our directors, employees, agents, where these exist, acting as aforesaid has been excluded by any of the EU Institutions or any major Multilateral Development Bank (including World Bank Group, African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, or Inter-American Development Bank) from participation in a tendering procedure on the grounds of a Prohibited Practice, we give details of that conviction, dismissal, resignation or exclusion below, together with details of the measures that we have taken, or shall take, to ensure that neither this company nor any of our directors, employees or agents commits any Prohibited Practice in connection with the Contract [give details if necessary].
In the event that we are awarded the Contract, we grant the Borrower, the Council of Europe Development Bank (CEB) and auditors appointed by either of them, the right of inspection of our records. We accept to preserve these records generally in accordance with applicable law but in any case, for at least 5 (five) years from the date of substantial performance of the Contract.
In the event that our proposal is recommended for the award, we acknowledge that the CEB has the authority to withhold its “No Objection” to proposal for contract award or otherwise to declare the contract awarded ineligible for CEB´s financing if it determines that we have, directly or through an agent, engaged in any Prohibited Practice in competing for the contract in question.
Furthermore, we acknowledge that the CEB has the authority to cancel the portion of the financing allocated to a contract in question and to take all appropriate action in accordance with its Anti-Corruption Charter, if it determines at any time that representatives of the Borrower or of a beneficiary of the CEB´s financing are engaged in any Prohibited Practice during the procurement or the implementation of that contract, without the Borrower having taken timely and appropriate action satisfactory to the CEB to address such practices when they occur.
For the purpose of this Covenant, Prohibited Practice shall have the following meaning:
“Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party;
“Fraudulent Practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;
“Collusive Practice” means an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperl
a financial or other benefit or to avoid an obligation;
“Collusive Practice” means an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;
“Coercive Practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;
“Obstructive Practice” means in relation to an investigation into a Coercive, Collusive, Corrupt or Fraudulent Practice, (a) any act of deliberately destroying, falsifying, altering or concealing of evidence material to the investigation; (b) any act of threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; and/or (c) any act intending to materially impede the exercise of the contractual rights of audit or access to information.
Date
Name In the capacity of
Signed
ANNEX NO. 7
to Standard Documentation No. _____
dated “__” __________ 20_
REQUEST FOR PARTICIPATION
To: ___________________________________________
(name and full address of the Contracting Authority)
Dear Sirs,
Following the Contract Notice / Invitation to Participate / Pre-Selection Notice published in the Public Procurement Bulletin and/or the Official Journal of the European Union, No. ______ dated _________ (day/month/year), regarding the application of the procedure for the award of the public procurement contract:_________________________________________________
(name of public procurement contract)
we, ___________________________________________
(name of Tenderer/Candidate)
have taken note of the conditions and requirements set out in the Procurement Documentation and hereby express our interest in participating as a Tenderer/Candidate, without any objections to the Procurement Documentation.
Date of completion: ___________________
Yours faithfully,
Tenderer/Candidate
(authorized signature)
ANNEX NO. 8
to Standard Documentation No. _____
dated “__” __________ 20_
DECLARATION OF TENDER VALIDITY
To: ___________________________________________
(name and full address of the Contracting Authority)
Dear Sirs,
We undertake to keep our Tender valid for the procurement of:_________________________
(subject matter of the procurement)
through the procurement procedure:______________________________________________
(type of procurement procedure)
for a period of __________ days (in words and figures), respectively until __________________ (day/month/year), and it shall remain binding upon us and may be accepted at any time before the expiry of the validity period.
Date of completion: ___________________
Yours faithfully,
Tenderer/Candidate
(authorized signature)
ANNEX NO. 9
to Standard Documentation No. _____
dated “__” __________ 20_
BANK
_____________________________________
(name)
BANK GUARANTEE LETTER
for Participation in the Public Procurement Contract Awa
NEX NO. 9
to Standard Documentation No. _____
dated “__” __________ 20_
BANK
_____________________________________
(name)
BANK GUARANTEE LETTER
for Participation in the Public Procurement Contract Award Procedure
To:_____________________________________________________________________
(name and full address of the Contracting Authority)
With regard to the contract award procedure for:_____________________________________
(name of the public procurement contract)
We, the undersigned,_________________________________________________________
(name of the Bank)
registered at:________________________________________________________________
(address of the Bank)
hereby irrevocably undertake to pay to:___________________________________________
(name of the Contracting Authority)
the amount of:______________________________________________________________
(amount in words and figures)
upon its first written demand and without requiring justification of such demand, provided that the Contracting Authority specifies in its request that the amount claimed is due as a result of one or more of the following circumstances:
The Tenderer__________________________________________________________
(name of Tenderer)
withdraws or modifies its Tender during the validity period thereof.
This Tender shall remain valid for the period specified in the Contract Notice, commencing from the Tender submission deadline, and shall remain binding and capable of acceptance at any time prior to the expiry of that period;
The Tender having been declared successful, the Tenderer________________________
(name of Tenderer)
has failed to provide the Performance Security;
The Tender having been declared successful, the Tenderer________________________
(name of Tenderer)
has refused to sign the Public Procurement Contract for Works;
Any condition specified in the Procurement Documentation prior to the signing of the Public Procurement Contract for Works has not been fulfilled.
This Guarantee shall remain valid until: __________________________________________
Issued by:
Bank ____________________________________
on day ___ month ___ year ______
Authorized Signature ____________________
ANNEX NO. 11
to Standard Documentation No. _____
dated “__” __________ 20_
PROJECT DOCUMENTATION IMPLEMENTATION SCHEDULE
Signed: _________________________________________
Name: __________________________________________
Position within the Company: _______________________
Company Name: __________________________________
ANNEX NO. 12
to Standard Documentation No. _____
dated “__” __________ 20_
DECLARATION
Regarding Similar Experience
Contract Name and Subject Matter: ______________________________________
Contract Number and Date: _____________________________________________
Beneficiary Name: _____________________________________________________
Beneficiary Address: ___________________________________________________
Country: _____________________________________________________________
Capacity in which
______________________________________
Beneficiary Address: ___________________________________________________
Country: _____________________________________________________________
Capacity in which the Contract was performed: _____________________________
(tick the appropriate option)
a) Contractor or General Contractor (Consortium Leader)
b) Consortium Member
c) Subcontractor
7.
If there were disputes regarding contract performance, describe their nature and method of resolution: _________________________________________________________
Contract Execution Period (months)
a) Contractual: _________________________________________________________
b) Actual: ______________________________________________________________
c) Reason for extension of the contractual completion period (if applicable), supported by contract amendments concluded with the Beneficiary:__________________________________
Number and Date of the Completion Acceptance Certificate: ___________________
Main remedial works and additions recorded in the Acceptance Certificate: __________
Other relevant aspects supporting the Tenderer’s similar experience, particularly regarding areas, volumes, capacities, and categories of works included in the contracts: __________
Date of completion: ______________________
Signed: _______________________________
Name: ________________________________
Position within the Company: __________________________
Company Name: _________________________________
ANNEX NO. 13
to Standard Documentation No. _____
dated “__” __________ 20_
DECLARATION
Regarding the List of Main Works Executed During the Last Year of Activity
* Specify the capacity in which the contract was performed: sole contractor or consortium leader; consortium member; subcontractor.
Signed: _________________________________________
Name: __________________________________________
Position within the Company: _______________________
Company Name: __________________________________
ANNEX NO. 14
to Standard Documentation No. _____
dated “__” __________ 20_
DECLARATION
Regarding Specific Facilities, Machinery, and Equipment Required for Proper Contract Performance
Signed: _________________________________________
Name: __________________________________________
Position within the Company: _______________________
Company Name: __________________________________
ANNEX NO. 15
to Standard Documentation No. _____
dated “__” __________ 20_
DECLARATION
Regarding Specialized Personnel Proposed for Contract Implementation
Signed: _________________________________________
Name: __________________________________________
Position within the Company: _______________________
Company Name: __________________________________
ANNEX NO. 16
to Standard Documentation No. _____
dated “__” __________ 20_
LIST OF SUBCONTRACTORS
AND THE PART(S) OF THE CONTRACT TO BE PERFORMED BY THEM
Signed: _________________________________________
Name: __________________________________________
Position within the Company: ___
BCONTRACTORS
AND THE PART(S) OF THE CONTRACT TO BE PERFORMED BY THEM
Signed: _________________________________________
Name: __________________________________________
Position within the Company: _______________________
Company Name: __________________________________
ANNEX NO. 17
to Standard Documentation No. _____
dated “__” __________ 20_
ASSOCIATION INFORMATION
For Participation in the Procedure for the Award of the Investment Project
____________________________________________________________________
(project name)
Contracting Parties (Economic Operators)
a) _______________________________________________________________
b) _______________________________________________________________
c) _______________________________________________________________
Addresses, Telephone and Fax Numbers of the Partners
a) _______________________________________________________________
b) _______________________________________________________________
c) _______________________________________________________________
Information Regarding the Association
a) Date of conclusion of the Association Agreement:
b) Place and date of registration of the Association:
c) Economic activities to be carried out jointly:
d) Contribution of each party to the agreed joint activities:
e) Value and percentage share of works executed by each partner:
f) Conditions for administration of the Association:
g) Method of distribution of the results of the joint economic activity:
h) Causes for termination of the Association and distribution of liquidation results:
i) Physical, financial, and percentage allocation among partners for execution of the tendered project:
j) Other provisions:
Date of completion: __________________________
Consortium Leader
Signed: __________________________________
Name: ___________________________________
Position within the Company: __________________________
Company Name: _________________________________
Secondary Consortium Member
Signed: __________________________________
Name: ___________________________________
Position within the Company: __________________________
Company Name: _________________________________
ANNEX NO. 18
to Standard Documentation No. _____
dated “__” __________ 20_
THIRD-PARTY FINANCIAL SUPPORT COMMITMENT
Financial Supporting Entity
(name)
COMMITMENT
Regarding the Financial Support of the Tenderer/Candidate
To:
___________________________________________________________________________
(name and full address of the Contracting Authority)
Regarding the procedure for the award of the contract:________________________________
(name of the public procurement contract)
We,_______________________________________________________________________
(name of the financial supporting entity)
having our registered office at:__________________________________________________
(address)
hereby undertake, firmly, unconditionally, and irrevocably, to make available to:___________
(name of Tenderer/Candidate)
all financial resources necessary
__________________________________
(address)
hereby undertake, firmly, unconditionally, and irrevocably, to make available to:___________
(name of Tenderer/Candidate)
all financial resources necessary for the complete and timely performance of all obligations assumed under the submitted Tender and the Public Procurement Contract to be concluded with the Contracting Authority.
The provision of financial support shall not generate any additional costs for the Purchaser, except those already included in the Financial Proposal.
Accordingly, we irrevocably undertake to make available to:____________________________
(name of Tenderer/Candidate)
the amount of:_______________________________________________________________
(total/partial value of the Financial Proposal)
required for the complete, proper, and timely execution of the Public Procurement Contract.
We further declare that we understand and accept liability towards the Contracting Authority for any failure by the Tenderer to perform obligations under the Public Procurement Contract for which financial support has been provided under this Commitment, irrevocably waiving any right to invoke division of liability.
We further declare that we irrevocably waive any right to invoke any defence of non-performance, whether against the Contracting Authority or against the Tenderer/Candidate, that could result in partial or total non-performance, delayed performance, or improper performance of our obligations under this Commitment.
We further declare that we shall be liable for any damages caused to the Contracting Authority as a result of failure to comply with the obligations undertaken herein.
This document constitutes our firm commitment executed in accordance with Article 21(6) of Law No. 131/2015 on Public Procurement and entitles the Contracting Authority to legitimately require performance by us of obligations arising from the financial support granted to:________
(name of Tenderer/Candidate)
Date of completion: __________________
Supporting Entity
(authorized signature) ____________________
ANNEX NO. 19
to Standard Documentation No. _____
dated “__” __________ 20_
COMMITMENT REGARDING THE TECHNICAL AND PROFESSIONAL SUPPORT OF THE TENDERER / GROUP OF ECONOMIC OPERATORS
_____________________________
(name)
COMMITMENT
Regarding the Technical and Professional Support of the Tenderer/Candidate
To:_______________________________________________________________________
(name and full address of the Contracting Authority)
With regard to the procedure for the award of the contract:____________________________
(name of the public procurement contract)
We, _______________________________________________________________________
(name of the technical and professional supporting entity)
having our registered office at:_________________________________________________
(address)
hereby undertake, firmly, unconditionally, and irrevocably, to make available to:___________
(name of Tenderer)
all technical and pro
ice at:_________________________________________________
(address)
hereby undertake, firmly, unconditionally, and irrevocably, to make available to:___________
(name of Tenderer)
all technical and professional resources necessary for the complete and timely performance of all obligations assumed under the submitted Tender and the Public Procurement Contract to be concluded between the Tenderer and the Contracting Authority.
The provision of technical and professional support shall not generate any additional costs for the Purchaser, except those already included in the Financial Proposal.
Accordingly, we irrevocably undertake to make available to:___________________________
(name of Tenderer/Candidate)
the following technical and/or professional resources:_________________________________
required for the complete, proper, and timely performance of the Public Procurement Contract.
We declare that we understand and accept unconditional liability towards the Contracting Authority for any failure by:_____________________________________________________
(name of Tenderer/Candidate)
to perform obligations under the Public Procurement Contract for which technical and professional support has been provided under this Commitment, irrevocably waiving any right to invoke division of liability.
We further declare that we irrevocably waive any right to invoke any defence of non-performance, whether against the Contracting Authority or against:______________________
(name of Tenderer)
which could result in partial or total non-performance, delayed performance, or improper performance of our obligations under this Commitment.
We further declare that we shall be liable for any damages caused to the Contracting Authority as a result of failure to comply with the obligations undertaken herein.
This document constitutes our firm commitment executed in accordance with Article 22(6) of Law No. 131/2015 on Public Procurement and entitles the Contracting Authority to legitimately require performance by us of obligations arising from the technical and professional support granted to:_______________________________________________
(name of Tenderer/Candidate)
Date of completion: __________________
Supporting Entity
(authorized signature) ____________________
ANNEX NO. 20
to Standard Documentation No. _____
dated “__” __________ 20_
TECHNICAL THIRD-PARTY SUPPORT DECLARATION
Technical Supporting Entity
__________________________________
(name)
Declaration
I, the undersigned, authorized representative of:
___________________________________________________________________________
(name of the technical and professional supporting entity)
hereby declare, under my own responsibility and subject to the penalties applicable to the offence of making false statements in public documents, that the information presented in the attached table regarding the logistics, machinery, installations, and technical equipment available and to be effectively used for the performance of the pu
ents, that the information presented in the attached table regarding the logistics, machinery, installations, and technical equipment available and to be effectively used for the performance of the public procurement contract:______________
is true and accurate.
I further declare that we shall make these resources available unconditionally, according to the needs arising during the performance of the public procurement contract concerning:________
(subject matter of the contract)
LIST
Logistics, Machinery, Installations and Technical Equipment Available and to Be Effectively Used for the Performance of the Public Procurement Contract
This Declaration forms an annex to the “Firm Commitment” regarding the technical and professional support provided to:_______________________________________
(name of Tenderer/Candidate)
Date of completion: __________________
Supporting Entity
(authorized signature) ____________________
ANNEX NO. 21
to Standard Documentation No. _____
dated “__” __________ 20_
PROFESSIONAL THIRD-PARTY SUPPORT DECLARATION
Professional Supporting Entity
________________________________
(name)
Declaration
I, the undersigned, authorized representative of:
__________________________________________________________________________
(name of the technical and professional supporting entity)
hereby declare, under my own responsibility and subject to the penalties applicable to the offence of making false statements in public documents, that the information presented in the attached table regarding the average annual workforce of specialized personnel employed and effectively allocated for the performance of the public procurement contract:______________
is true and accurate.
LIST
Specialized Personnel to Be Effectively Allocated for the Performance of the Public Procurement Contract
Attached to this Declaration are the CVs of the specialized personnel, as well as the personnel who will be effectively allocated to the performance of the public procurement contract.
I declare that the information provided regarding previous experience, technical capabilities, and specialized personnel is complete and accurate in every respect and that I understand the Contracting Authority has the right to request any additional information necessary to verify and confirm the statements, situations, and documents accompanying the Tender.
I hereby authorize any institution, company, bank, or other legal entity to provide authorized representatives of:_____________________________________________________________
(name and address of the Contracting Authority)
with information regarding any technical and financial aspect related to our activities.
This Declaration forms an annex to the “Firm Commitment” regarding the technical and professional support provided to:__________________________________________________
(name of Tenderer/Candidate)
Date of completion: __________________
Supporting Entity
ANNEX NO. 24
to Standard Documentation No. _____
dated “__” _______
______________________________________________
(name of Tenderer/Candidate)
Date of completion: __________________
Supporting Entity
ANNEX NO. 24
to Standard Documentation No. _____
dated “__” __________ 20_
TERMS OF REFERENCE
DESIGN SERVICES
The Terms of Reference are attached to this document.
ANNEX NO. 26
MODEL CONTRACT
CONTRACT No. __________
FOR THE PROCUREMENT OF DESIGN SERVICES
PART I
GENERAL CONDITIONS (MANDATORY)
CONTRACTING PARTIES
1. SUBJECT MATTER OF THE CONTRACT
1.1. Procurement of design services for:_________________________________________
in accordance with Public Procurement Procedure No. __________ dated __________, based on Decision No. __________ dated __________ of the Beneficiary’s Evaluation Committee.
1.2. The Service Provider undertakes to provide the design services in accordance with the technical parameters and fundamental requirements for project preparation specified in the Procurement Documentation and Terms of Reference.
1.3. The Beneficiary undertakes to pay for and accept the design services provided by the Service Provider.
1.4. Service quality shall be demonstrated through compliance with applicable legislation, regulatory documents, and state standards governing the preparation of project documentation.
2. CONTRACT DOCUMENTS
2.1. The following documents shall form integral parts of the Contract:
a) Contract Form;
b) Technical Proposal and Financial Proposal;
c) Terms of Reference;
d) Performance Security;
e) Consortium Agreement (where applicable);
f) Contract Implementation Schedule approved by both Parties.
2.2. In the event of discrepancies or inconsistencies between the Contract documents, they shall prevail in the order listed above.
2.3. In consideration of the payments to be made by the Beneficiary, the Service Provider undertakes to perform the services provided for under this Contract in accordance with the Procurement Documentation and its Tender and to deliver the project documentation to the Beneficiary, as well as to remedy any defects in accordance with the Contract.
2.4. The Beneficiary undertakes to pay the Contract Price and any other amounts payable under the Contract in accordance with the terms and deadlines established herein.
3. TIMEFRAME AND CONDITIONS FOR PERFORMANCE
3.1. The Service Provider shall prepare the design and cost-estimate documentation within a maximum period of ______ months from the date of notification by the Beneficiary to commence the design services and in accordance with the attached implementation schedule.
Each Contracting Authority shall complete this section with the phases and deadlines applicable to the procurement concerned.
3.2. Design solutions shall prioritize optimization of costs for future repair works and subsequent maintenance activities. Upon completion of approximately 30% of the execution design documentation relating to repair works, the Service Provider shall submit to the Beneficiary for approval the selected repair concept, supported by relevan
of approximately 30% of the execution design documentation relating to repair works, the Service Provider shall submit to the Beneficiary for approval the selected repair concept, supported by relevant data and technical-economic justification.
3.3. The Service Provider shall submit the design and cost-estimate documentation in Romanian (and another language, where applicable), in ______ hard copies plus one electronic version.
3.4. The Project shall be deemed finally delivered upon submission of the technically verified or technically reviewed project and cost-estimate documentation in accordance with applicable regulations, free of objections, together with the original tax invoice.
4. PRICE AND PAYMENT TERMS
4.1. The price of the design services under this Contract shall be established in Moldovan Lei (MDL).
4.2. The Contract Price shall be:___________________
4.3. The Beneficiary shall make payments for deliverables prepared in accordance with the Price Schedule and Implementation Schedule.
The Beneficiary may establish payments linked to specific project phases only where such payments were provided for in the Procurement Documentation.
Payment shall be made within 10 days from receipt of the invoice issued by the Service Provider, based on documents confirming delivery of the documentation without objections.
5. STANDARDS
5.1. The design services provided under the Contract shall comply with the standards specified by the Beneficiary in the Terms of Reference.
5.2. Where no applicable standard or regulation is specified, the standards and regulations in force in the Republic of Moldova shall apply.
6. RESPONSIBILITIES OF THE BENEFICIARY
6.1. The Beneficiary shall provide the Service Provider with any facilities and/or information that the Service Provider considers necessary for the performance of the Contract.
6.2. Throughout the implementation of the public procurement contract, the Beneficiary shall actively participate through its representatives in resolving all issues that may arise during the provision of the services and that fall within the Beneficiary’s responsibility and upon which the Service Provider’s contractual obligations depend.
6.3. The Beneficiary shall provide the Service Provider with all permits and approvals in its possession, in accordance with the applicable legal provisions, unless otherwise specified in the Terms of Reference.
6.4. Where applicable, the Beneficiary shall provide assistance to the Service Provider in obtaining any agreements, endorsements, permits, authorizations, or approvals required under the applicable legislation for the performance of the Contract.
7. RESPONSIBILITIES OF THE SERVICE PROVIDER
7.1. The Service Provider shall perform the services covered by the Contract in compliance with applicable legislation, exercising the required professional skill and diligence, and shall ensure that the design documentation is free from errors or omissions that could subsequently generate additional wor
e legislation, exercising the required professional skill and diligence, and shall ensure that the design documentation is free from errors or omissions that could subsequently generate additional works that are not unforeseeable in nature and that may adversely affect the Beneficiary’s financial obligations.
7.2. The Service Provider shall supervise the provision of the services and shall provide the human resources, materials, equipment, and any other resources required for the Contract, insofar as their provision is stipulated in the Contract or may reasonably be inferred therefrom.
7.2. The Service Provider shall bear full responsibility for the performance of the services in accordance with the agreed service contract. The Service Provider shall also be responsible for the safety of all operations and methods used in the provision of the services, as well as for the qualifications of the personnel employed throughout the duration of the Contract.
7.3. By assuming all responsibilities arising from the Contract and applicable legal provisions, the Service Provider shall have, at a minimum, the following obligations and liabilities:
a) specifying in the design documentation the classification of the construction according to its importance category;
b) ensuring, through the design and execution details, the level of quality corresponding to the applicable requirements, in compliance with technical regulations and contractual provisions;
c) resolving any non-conformities and discrepancies identified by certified design reviewers, including bearing the costs of repeated reviews in the event of a negative review opinion;
d) preparing the technical specifications, technical instructions regarding the execution of works, operation, maintenance, and repairs, as well as, where applicable, monitoring projects concerning the behavior of constructions over time and documentation relating to post-use requirements where so established;
e) establishing, through the design documentation, the critical execution stages associated with mandatory requirements and participating on site in quality inspections related thereto;
f) determining the method for remedying defects arising during execution that are attributable to the designer, for constructions for which the required quality level must be ensured, and monitoring the implementation on site of the adopted solutions after their approval by certified design reviewers, at the Beneficiary’s request;
g) participating in the preparation of the Technical Book of the Construction and in the acceptance of completed works;
h) providing technical assistance, in accordance with the contractual provisions, for the developed designs throughout the execution of construction works or intervention works on existing constructions;
i) ensuring the mandatory participation of the Lead Designer and, where applicable, specialist designers during all execution stages established by the design documentation and during the acceptanc
s;
i) ensuring the mandatory participation of the Lead Designer and, where applicable, specialist designers during all execution stages established by the design documentation and during the acceptance of the works.
7.4. The Service Provider shall comply with the provisions of this Contract and assumes all responsibilities and guarantees arising both from the Contract and from the applicable legal regulations.
7.5. The Service Provider shall exercise due diligence and act promptly in responding to requests submitted by the Beneficiary arising from the nature of this Contract, including, but not limited to, requests for clarification. Response times shall not exceed 10 (ten) working days.
7.6. The Service Provider shall update the General Cost Estimate prepared during the design stage whenever necessary, in accordance with the legal provisions governing the stages of preparation and the framework content of documentation related to investment objectives/projects financed from public funds, at no additional cost to the Beneficiary.
7.7. During the execution of the works, the Service Provider shall submit activity reports to the Beneficiary concerning the technical assistance services provided (where applicable). Prior to the acceptance of the completed works, the Service Provider shall submit a completion report regarding the technical assistance provided during the execution phase and shall present its opinion regarding the execution of the works before the acceptance committee. Upon final acceptance, the Service Provider shall submit a final report concerning technical assistance provided during the warranty period, where applicable.
7.8. The Project shall comply with all technical regulations, legal provisions governing design and construction works, and any other standards specified in the Terms of Reference. The applicable regulations shall be those in force at the date of design.
8. ACCEPTANCE AND VERIFICATIONS
8.1. The Beneficiary shall verify the manner in which the services are provided and the documentation delivered in order to determine their compliance with applicable regulations and with the provisions of this Contract.
8.2. The Beneficiary shall have the right to periodically verify the performance of the services and the documentation during their preparation and delivery in order to determine compliance with the requirements set out in the Terms of Reference and procurement documentation. Such periodic inspections shall be conducted in accordance with the agreed schedule, where applicable. These inspections may be referred to as progress reviews and shall be documented by means of minutes specifying the results of the inspections and any recommendations.
8.3. If the Beneficiary’s representatives responsible for the inspections referred to in Clause 8.2 determine that the services have not been performed and/or the documentation has not been delivered in accordance with the Beneficiary’s requirements and the provisions of the Contra
to in Clause 8.2 determine that the services have not been performed and/or the documentation has not been delivered in accordance with the Beneficiary’s requirements and the provisions of the Contract, they shall record the identified deficiencies in the minutes referred to above and shall formally notify the Service Provider, including the deadline granted for remedial action.
8.4. Final verification and acceptance of the Project shall be carried out following the compliance review referred to in Clause 8.2 and the technical review referred to in Clause 8.1, within a Technical-Economic Council convened by the Beneficiary no later than 30 days from the contractual date established for project delivery. During the period between project submission and the meeting of the Council, the Beneficiary shall carry out the compliance review and may submit written requests for clarification to the Service Provider.
8.5. The Technical-Economic Council shall determine whether the Project is acceptable, acceptable with comments, or unacceptable and shall issue a corresponding opinion. The Beneficiary may approve the Project, postpone approval and grant a reasonable period for completion/correction of the documentation, or reject the Project under the conditions provided by the Contract.
8.6. The Acceptance Report shall not release the Service Provider from liability for defects resulting from the improper preparation of the documentation.
9. CONTRACT PERFORMANCE
9.1. The Service Provider shall commence the provision of the services on the date(s) notified by the Beneficiary for each design phase, as applicable, regarding the commencement of activities, in accordance with the agreed and attached implementation schedule.
9.2. The services provided under this Contract shall be completed within the period agreed by the Parties, in accordance with Clause 3 of this Contract.
9.3. Except as provided under Clause 10, any delay in the performance of the Contract shall entitle the Beneficiary to claim penalties from the Service Provider in accordance with Clause 15.
10. JUSTIFICATION DUE TO AN IMPEDIMENT BEYOND THE PARTIES’ CONTROL
10.1. The Parties shall be exempt from liability for the partial or total non-performance of their obligations under this Contract where such non-performance is caused by circumstances beyond their reasonable control (wars, natural disasters, including fires, floods, earthquakes, and other events independent of the Parties’ will).
10.2. The Party invoking the occurrence of an impediment beyond its control shall immediately notify the other Party (but no later than _____ days after its occurrence) of the circumstances and of their effects on the performance of the Contract.
10.3. The occurrence of such circumstances, the commencement date, and the duration thereof must be confirmed by a certificate duly issued by the competent authority of the country of the Party invoking such circumstances.
11. AMENDMENTS
11.1. Any amendment to the public
he duration thereof must be confirmed by a certificate duly issued by the competent authority of the country of the Party invoking such circumstances.
11. AMENDMENTS
11.1. Any amendment to the public procurement contract during its validity period shall be made in accordance with the applicable public procurement legislation by means of an Addendum to this Contract.
12. CONTRACT PRICE ADJUSTMENT
12.1. Any adjustment of the Contract Price during the validity period of the Contract shall be carried out in accordance with the applicable public procurement legislation.
13. CONDITIONS OF DELIVERY AND ACCEPTANCE
The design services shall be deemed delivered by the Service Provider and accepted by the Beneficiary if:
a) the quantity of design services corresponds to the information specified in this Contract;
b) the quality of the design services complies with the applicable regulatory documents and state standards.
14. CONTRACT TERMINATION
14.1. The Contract may be terminated by mutual agreement of the Parties.
14.2. The Contract may be unilaterally terminated in any of the following cases:
a) refusal by the Service Provider to provide the design services stipulated in this Contract;
b) failure by the Service Provider to comply with the established performance deadlines;
c) failure by the Beneficiary to comply with the payment deadlines for the services;
d) failure by either Party to satisfy claims submitted in accordance with this Contract;
e) at the time of contract award, the Contractor was in a situation that would have resulted in exclusion from the procurement procedure pursuant to Article 19 of Law No. 131/2015 on Public Procurement;
f) the Contract has undergone a substantial modification requiring a new public procurement procedure pursuant to Article 76 of Law No. 131/2015 on Public Procurement;
g) the Contract should not have been awarded to the respective Contractor due to a serious breach of obligations arising from Law No. 131/2015 on Public Procurement and/or international treaties to which the Republic of Moldova is a party, as established by a decision of a national or, where applicable, international court.
14.3. The Party initiating termination shall notify the other Party of its intention by means of a reasoned written notice within 10 (ten) working days.
14.4. The notified Party shall respond within 10 (ten) working days from receipt of the notice. Upon expiry of this period, the Contract shall automatically cease to have effect.
15. CLAIMS AND PENALTIES
15.1. Claims regarding the quantity of design services provided shall be submitted to the Service Provider at the time of acceptance thereof or no later than 10 (ten) days after acceptance and shall be supported by a report jointly prepared with the Service Provider’s representative.
15.2. Claims regarding the quality of the design services provided shall be submitted to the Service Provider within 10 (ten) days from the discovery of quality deficiencies, confirmed by instructions
5.2. Claims regarding the quality of the design services provided shall be submitted to the Service Provider within 10 (ten) days from the discovery of quality deficiencies, confirmed by instructions issued by the Beneficiary and certified design reviewers.
15.3. The Service Provider shall examine the submitted claims within 10 (ten) days from receipt thereof and shall notify the Beneficiary in writing of its decision.
15.4. Where the claims are acknowledged, the Service Provider shall remedy the deficiencies within the shortest possible period, in accordance with the requirements of the Contract.
15.5. The Service Provider shall be liable for the quality of the design services within the established limits, including for latent defects.
15.6. In the event of refusal to provide the design services stipulated in this Contract, the Service Provider shall pay a penalty equal to 10% (ten percent) of the total Contract Value, in accordance with the provisions of the Civil Code of the Republic of Moldova No. 1107/2002.
15.7. For delayed performance of the design services, the Service Provider shall pay compensation amounting to 0.1% of the value of the unperformed services for each day of delay, but not exceeding 10% (ten percent) of the total Contract Value, in accordance with the Civil Code of the Republic of Moldova No. 1107/2002.
Penalties shall be calculated from the day following the expiry of the contractual deadline (excluding that day) until the date of delivery (inclusive) established in the implementation schedule, based on the service delivery and acceptance documents.
The Beneficiary shall be entitled to deduct the calculated penalties from any payments due to the Service Provider in accordance with applicable legislation, provided that the Service Provider is notified in writing regarding the deduction and the method of calculation.
15.8. Where the Beneficiary, through its sole fault, fails to fulfil its payment obligation within the period specified in Clause 4.3, the Service Provider shall be entitled to claim statutory default interest on the outstanding amount, in accordance with Law No. 66/2025 on Combating Late Payment in Commercial Transactions between Professionals or between Professionals and Public Authorities.
16. PERFORMANCE SECURITY FOR THE SERVICE CONTRACT
16.1. Within 5 (five) working days from the date of signing the Contract, the Service Provider shall furnish the Beneficiary with a Performance Security established in accordance with the applicable legislation and in the amount specified in the Contract Notice.
16.2. Where the Contract Value is increased during contract performance, the Service Provider shall supplement the Performance Security proportionally to the revised Contract Value.
16.3. If the Performance Security is partially or fully enforced, the Service Provider shall replenish the security amount in proportion to the remaining contractual obligations.
16.4. The Service Provider shall ensure that the Performa
partially or fully enforced, the Service Provider shall replenish the security amount in proportion to the remaining contractual obligations.
16.4. The Service Provider shall ensure that the Performance Security remains valid and effective until completion of the services.
16.5. If the terms of the Performance Security specify an expiry date, the Service Provider shall extend its validity at least 20 days before its expiration date so that it remains effective until completion of all services required under the Terms of Reference.
16.6. The amount of the Performance Security for the service contract shall represent 3% (three percent) of the Contract Value and shall be provided as follows:
a) by bank transfer to the account of the Contracting Authority. The guarantee shall be irrevocable.
16.7. The Performance Security shall be released in accordance with the applicable legal provisions.
16.8. The Beneficiary shall be entitled to enforce the Performance Security in the following situations:
a) at any time during contract performance, up to the amount of the loss incurred, where the Service Provider fails to fulfil its contractual obligations. Prior to making a claim against the Performance Security, the Beneficiary shall notify both the Service Provider and the issuer of the guarantee instrument, specifying the obligations that have not been fulfilled and the method used to calculate the loss;
b) where the Service Provider fails to extend the validity of the Performance Security as provided in Clause 16.5, in which case the Beneficiary may claim the entire amount of the Performance Security.
17. INTELLECTUAL PROPERTY RIGHTS
The Service Provider shall indemnify and hold the Beneficiary harmless against any:
a) claims and legal actions arising from the infringement of intellectual property rights (patents, trade names, registered trademarks, etc.) relating to equipment, materials, installations, or machinery used for or in connection with the procured services;
b) damages, costs, fees, and expenses of any nature associated therewith, except where such infringement results from compliance with the Terms of Reference.
18. CONTRACT TERMINATION
18.1. Termination at the Initiative of the Service Provider
The Service Provider may request termination of the Contract if:
a) the Beneficiary fails to perform an obligation incumbent upon it, thereby placing the Service Provider in a position where it cannot perform the services;
b) the Beneficiary fails to settle a due payment for more than three (3) months;
c) the Beneficiary notifies the Service Provider that, due to economic circumstances beyond the Beneficiary’s control, it is unable to continue fulfilling its contractual obligations.
18.2. Termination at the Initiative of the Beneficiary
The Beneficiary may request termination of the Contract if:
a) the Service Provider becomes insolvent, enters liquidation, or its assets are subject to seizure;
b) the Service Provider fails to commence the services with
request termination of the Contract if:
a) the Service Provider becomes insolvent, enters liquidation, or its assets are subject to seizure;
b) the Service Provider fails to commence the services within the period established following receipt of the written Notice to Proceed and has no justified reason for such failure;
c) the Service Provider fails to provide or maintain the Performance Security in accordance with the requirements of this Contract;
d) the Service Provider notifies the Beneficiary that, due to economic circumstances beyond the Service Provider’s control, it is unable to continue fulfilling its contractual obligations.
18.3.The Contract may be terminated with full effect following the issuance of a 15-day prior notice.
If, before expiry of the notice period, the circumstances invoked as grounds for termination are remedied, the notice shall cease to have effect and the requesting Party shall no longer be entitled to terminate the Contract.
18.4.The Contract shall be deemed terminated if the initiating Party communicates in writing to the other Party, within 15 days, the grounds referred to in Clauses 18.1 and 18.2 of this Contract.
18.5. Specific Cases of Termination of Public Procurement Contracts
The Beneficiary shall have the right to unilaterally terminate a public procurement contract during its validity period in any of the following situations:
a) at the time of contract award, the Contractor was in one of the situations that would have led to its exclusion from the procurement procedure pursuant to Article 19 of Law No. 131/2015 on Public Procurement;
b) the Contract has undergone a substantial modification requiring a new public procurement procedure in accordance with Article 76 of Law No. 131/2015 on Public Procurement;
c) the Contract should not have been awarded to the respective Contractor due to a serious breach of obligations arising from Law No. 131/2015 on Public Procurement and/or international treaties to which the Republic of Moldova is a party, as established by a decision of a national or, where applicable, international court.
19. FINAL PROVISIONS
19.1.Any disputes arising from this Contract shall be settled amicably between the Parties. Failing such settlement, disputes shall be referred to the competent courts of the Republic of Moldova in accordance with applicable legislation.
19.2.As of the date of signing this Contract, all prior negotiations and documents executed between the Parties shall become null and void.
19.3.The Parties shall have the right, throughout the performance and validity period of the Contract, to amend the Contract provisions by means of an Addendum where circumstances arise that adversely affect their legitimate commercial interests and could not reasonably have been foreseen at the date of Contract execution.
Any amendments or supplements to this Contract shall be valid only if made in writing and signed by both Parties in accordance with applicable legislation.
19.4.Neither Par
date of Contract execution.
Any amendments or supplements to this Contract shall be valid only if made in writing and signed by both Parties in accordance with applicable legislation.
19.4.Neither Party shall be entitled to assign or transfer its rights and obligations under this Contract to any third party without the prior written consent of the other Party.
19.5.This Contract is executed in two originals of equal legal value, in the Romanian language, one for the Beneficiary and one for the Service Provider.
19.6.This Contract represents the mutual agreement of the Parties and shall be deemed signed on the date the last signature is affixed by either Party. It shall be concluded and registered (where applicable) in accordance with legal requirements and shall enter into force upon notification by the Beneficiary regarding commencement of the Service Provider’s activities, remaining valid until the complete and proper fulfillment of all obligations by both Parties.
19.7.The Contract shall remain legally binding between the Parties, in accordance with the law, the Tender, and the Procurement Documentation, from its effective date until the contractual or legal exhaustion of all effects produced thereby.
PART II
SPECIAL CONDITIONS OF CONTRACT
(To be completed where necessary)
LEGAL, POSTAL, AND PAYMENT DETAILS OF THE PARTIES
| No. | Description of Services | Breakdown of Financial Proposal | Amount Excluding VAT |
| 1 | Architectural concept of the project approved by the Ministry of Education and Research (including 3D visualizations) | ||
| 2 | Technical endorsements / Permits / Urban Planning Certificate for Design | ||
| 3 | Presentation sessions of the project concept to final beneficiaries (students, teachers, local administration, Ministry of Education and Research) and integration of feedback into the concept (minimum 2 sessions) | ||
| 4 | As-built survey drawings | ||
| 5 | Topographic and geodetic surveys; Technical and geological investigations | ||
| 6 | Design brief approved by ONDIMP and the Ministry of Education and Research | ||
| 7 | Master Plan approved by the Ministry of Education and Research | ||
| 8 | Technical design documentation completed at 100% stage (internal review) | ||
| 9 | Environmental protection measures, including construction waste management and separate handling of hazardous waste | ||
| 10 | Technical design documentation verified by certified design reviewers and coordinated with competent authorities | ||
| 11 | Cost estimates verified by certified reviewers | ||
| 12 | Technical assistance during the public procurement process for construction works (clarifications for Tenderers, supplementary information regarding design documentation, and other procurement-related activities) |
TOTAL
| No. | Group of Objects / Name of Object | Year 1 | Month 1 | Month 2 | Month 3 | ... | Month n |
| 1 | Architectural concept of the project approved by the Ministry of Education and Research (including 3D visualizations) | ||||||
| 2 | Technical endorsements / Permits / Urban Planning Certificate for Design | ||||||
| 3 | Presenta |
ctural concept of the project approved by the Ministry of Education and Research (including 3D visualizations)
| 2 | Technical endorsements / Permits / Urban Planning Certificate for Design | |||||
| 3 | Presentation sessions of the project concept to final beneficiaries (students, teachers, local administration, Ministry of Education and Research) and integration of feedback into the concept (minimum 2 sessions) | |||||
| 4 | As-built survey drawings | |||||
| 5 | Topographic and geodetic surveys; Technical and geological investigations | |||||
| 6 | Design Brief approved by ONDIMP and the Ministry of Education and Research | |||||
| 7 | Master Plan approved by the Ministry of Education and Research | |||||
| 8 | Technical design documentation completed at 100% stage (internal review) | |||||
| 9 | Environmental protection measures, including construction waste management and separate handling of hazardous waste | |||||
| 10 | Technical design documentation verified by certified design reviewers and coordinated with competent authorities | |||||
| 11 | Cost estimates verified by certified reviewers | |||||
| 12 | Technical assistance during the public procurement process for construction works (clarifications for Tenderers, supplementary information regarding design documentation, and other procurement-related activities) | |||||
| Contract Value | In Contract Currency | Equivalent in EUR | ||||
| a) Initial value (at contract signature date) | __________ | __________ | ||||
| b) Final value (at contract completion date) | __________ | __________ | ||||
| No. | Contract Subject | Beneficiary Name / Address | Contractor Capacity* | Contract Price / Value of Executed Works | Execution Period (months) | Number and Date of Completion Acceptance Certificate |
1
2
...
| No. | Main Machinery, Equipment, Means of Transport, Production Facilities (workshops, warehouses, accommodation facilities), and Laboratories Proposed by the Tenderer as Necessary for Contract Execution | Unit of Measure (pieces/sets) | Available in Own Inventory | Provided by Third Parties or Other Sources |
1
2
3
...
n
| No. | Position | Professional Education | Years of Professional Experience | Number and Name of Similar Projects Executed as Team Leader | Professional Certification Number and Date |
| 1 | Chief Architect | ||||
| 2 | Chief Engineer | ||||
| 3 | Specialists | ||||
| No. | Name and Address of Subcontractor | Contract Activities | Approximate Value | % of Contract Value |
1
2
3
4
| No. | Machinery / Equipment / Installation Description | Quantity / Unit of Measure | Ownership | Rental |
| ☐ | ☐ | |||
| ☐ | ☐ | |||
| ☐ | ☐ | |||
| Category | Year 1 | Year 2 | Year 3 |
Specialized Personnel
…………
…………
| Beneficiary | Service Provider |
| National Infrastructure Development Office “Moldova – Project” PI | __________________________ |
| legally represented by Iunona LUNGUL, Acting Director, acting as Beneficiary, IDNO 1024601000231 | legally represented by __________________________, acting as Service Provider, IDNO __________ |
| BENEFICIARY | CONTRACTOR / SERVICE PROVIDER |
| Postal Address: | Postal Address: |
| Telephone: | Telephone: |
| Tax Identification Number: | Tax Identification Number: |
Bank: |
Service Provider, IDNO __________
| BENEFICIARY | CONTRACTOR / SERVICE PROVIDER |
| Postal Address: | Postal Address: |
| Telephone: | Telephone: |
| Tax Identification Number: | Tax Identification Number: |
| Bank: | Bank: |
| IBAN Code: | IBAN Code: |
Previzualizarea are caracter informativ. Doar originalul oficial din sursă are valoare juridică.