standard award documentation.docx

Annex no.1

to the Order of the Minister of Finance

no.115 of September 15, 2021

STANDARD DOCUMENTATION

for public procurement of goods and services

INSTRUCTIONS

FOR CONTRACTING AUTHORITIES AND TENDERERS

Section 1

General dispositions

1. This Documentation is an instruction for contracting authorities and tenderers, used to initiate and conduct public procurement procedures for goods and services. In the procurement procedures for goods and services initiated and carried out by requesting price offers and low value procurement, contracting authorities may simplify the forms depending on the complexity of the procurement.

2. This Documentation contains annexes intended for the initiation, publication, award and modification of public procurement procedures, as well as intended to facilitate the elaboration and presentation of the tender, and of documents allowing the working group to examine and evaluate all submitted tenders, as follows:

1) Notice of intent (annex no. 1);

2) Notice of participation, including for pre-selection procedures / negotiated procedures (annex no. 2);

3) Invitation to participate in the pre-selection stages / in the negotiated procedures (annex no. 3);

4) Minutes regarding the results of the pre-selection of candidates (annex no. 4);

5) Award notice (annex no. 5);

6) Announcement regarding the modification of the public procurement contract / framework agreement (annex no. 6);

7) Application for participation (annex no. 7);

8) Declaration regarding the validity of the offer (annex no. 8);

9) Letter of bank guarantee (annex no. 9);

10) Guarantee of good execution (annex no. 10.);

11) Information on the association (annex no. 11);

12) Declaration regarding the list of the main deliveries / services performed in the last 3 years of activity (annex no. 12);

13) Declaration regarding the specific endowments, the machinery and equipment necessary for the proper fulfillment of the contract (annex no. 13);

14) Declaration regarding the specialized personnel proposed for the implementation of the contract (annex no. 14);

15) List of subcontractors and the part / parts of the contract that are fulfilled by them (annex no. 15);

16) Third party financial support commitment (annex no. 16);

17) Third party financial support statement (annex no. 17);

18) Commitment regarding the technical and professional support of the bidder / group of economic operators (annex no. 18);

19) Third party technical support statement (annex no. 19);

20) Declaration of a third professional supporter (annex no. 20);

21) Specifications (annex no.21);

22) Technical specifications (annex no. 22);

23) Price specifications (annex no. 23);

24) Model contract (annex no. 24);

25) Additional agreement (annex no. 25);

26) Framework agreement (Annex no. 26).

3. Details on the quantities of goods and services, technical specifications, standards and resources are presented in the specifications (Annex no. 21).

4. The contracting authority is to ensure that at the time o

the quantities of goods and services, technical specifications, standards and resources are presented in the specifications (Annex no. 21).

4. The contracting authority is to ensure that at the time of the initiation of the public procurement procedure, the financial means are allocated or there is a guarantee of their allocation and intended exclusively for the procurement in question.

5. The award of the public procurement contract for goods and services is made in accordance with the provisions of Law no. 131/2015 on public procurement.

6. Where the contracting authority initiates a framework agreement, as a special way of awarding public contracts for the procurement of goods and services, the procedure shall be conducted in accordance with the Regulation on the framework agreement as a special way of awarding public contracts, approved by Government Decision no. 694/2020.

7. If the contracting authority initiates the negotiation procedure, the procedure is carried out according to the Regulation on public procurement using the negotiation procedure, approved by Government Decision no. 599/2020.

8. If the contracting authority initiates pre-selection procedures, the annexes related to the given procedures are used: annex no.1, annex no.3, annex no.4, annex no.5, annex no.6 and annex no.25.

9. The tenderer bears all the costs associated with the elaboration and presentation of its tender, as well as the documents that accompany it.

10. The request to participate (Annex no. 7), the Tender, the Single European Procurement Document (hereinafter - DUAE), the award documentation, the specifications and all correspondence between the tenderer and the contracting authority shall be drawn up in Romanian, or as the case may be, all the listed documents may be drawn up in one of the languages of international circulation. The supporting documents and the printed literature, which are part of the offer, may be prepared in another language, specified in the award documentation, provided that they are accompanied by an exact translation of the relevant fragments into Romanian.

11. If the contracting authority has found that the tenderer has been involved in the practices described in point 22 and point 23 in the award procedure for the public procurement contract it:

1) excludes the bidder from the respective procurement procedure and submits the request to the Public Procurement Agency regarding its inclusion in the Prohibition List, according to the provisions of Government Decision no. 1420/2016 for approving the Regulation on the list of qualified economic operators; or

2) undertakes any other measures provided in art. 42 of Law no. 131/2015 on public procurement.

12. The following actions are prohibited during the procurement procedure:

1) the promise or offering of a person with a position of responsibility, personally or through an intermediary, for goods or services, or privileges, or benefits in any form, to influence the actions of another party;

offering of a person with a position of responsibility, personally or through an intermediary, for goods or services, or privileges, or benefits in any form, to influence the actions of another party;

2) any act or omission, including misinterpretation, which, knowingly or negligently, misleads or tends to mislead a party in order to obtain a financial or other benefit or to avoid an obligation;

3) the agreement prohibited by law, between two or more parties, made in order to coordinate their behavior in public procurement procedures;

4) prejudice, directly or indirectly, to any part or property of that party, in order to improperly influence its actions;

5) intentional destruction, falsification, falsification or concealment of the evidence of the investigation, or presentation of false information to criminal prosecution bodies, in order to essentially prevent the prosecution conducted by the relevant bodies in order to identify fraudulent practices, as well as threatening, harassing or intimidating any party to prevent it from disclosing information on matters relevant to the prosecution.

Section 2

Qualification of candidates / tenderers

13. Any economic operator, resident or non-resident, natural or legal person of public or private law or association of such persons has the right to participate in the procedure for awarding the public procurement contract for goods and services.

14. The natural or legal person who participated in the preparation of the award documentation has the right, as economic operator, to be a bidder, associate bidder or subcontractor, but only if his involvement in the preparation of the award documentation is not likely to distort competition. The natural or legal person who participates directly in the process of verification and evaluation of tenders does not have the right to be a tenderer, associated tenderer or subcontractor, under the sanction of exclusion from the award procedure.

15. Several legal entities have the right to associate for the purpose of submitting a joint bid, also each associate is to submit the separate DUAE. The association must be submitted in writing at the request of the contracting authority, once it has been declared in the DUAE.

16. Subsidiaries of economic agents, with legal personality and registered in accordance with the provisions of point 29, have the right to participate in the procedure for awarding the contract for public procurement of goods and services in their own name and, for this purpose, must present documents proving eligibility, registration, technical capacity and economic and financial capacity.

17. Branches have the right to participate in the procedure for awarding the contract for public procurement of goods and services and to conclude the respective contract only on behalf of the legal entity, by power of attorney. In this case, the documents submitted, which prove eligibility, registration, technical capacity and economic-financial capacity, must be those of

on behalf of the legal entity, by power of attorney. In this case, the documents submitted, which prove eligibility, registration, technical capacity and economic-financial capacity, must be those of the legal person.

18. In order to confirm the qualification data within the public procurement procedure, the economic operator completes and presents DUAE, according to the standard form of the Single European Procurement Document, approved by Order of the Minister of Finance no. 72/2020, in accordance with the requirements established by the contracting authority. Submission of any other DUAE form is grounds for disqualification from the public procurement procedure.

19. Depending on the specifics of the procurement and the chosen procedure, the contracting authority has the obligation to establish for each procedure the qualification criteria as well as the supporting documents necessary to be presented by the economic operators.

20. The contracting authority applies criteria and qualification requirements only in relation to:

1) eligibility of the tenderer or candidate;

2) the capacity to exercise the professional activity;

3) economic and financial capacity;

4) technical capacity;

5) quality assurance standards;

6) environmental protection standards.

21. In order to ascertain the qualification data within the public procurement procedures, the economic operator presents at the moment of evaluation the documents requested by the contracting authority within the public procurement procedures. The documents are presented in electronic format, using the Automated Information System "State Register of Public Procurement" (hereinafter - SIA RSAP), except for the cases provided in art. 33 paragraph (7) and paragraph (11) of Law no. 131/2015 on public procurement.

22. Excluded from the public procurement contract procedure is any tenderer or candidate who is confirmed to have been convicted, in the last 5 years, by a final court decision, of participating in the activities of a criminal organization or group, for corruption, fraud and / or money laundering, for terrorist offenses or terrorist offenses, terrorist financing, child labor and other forms of trafficking in human beings.

23. It is excluded from the procedure for awarding the public procurement contract, and respectively, is not eligible, any bidder who is in any of the situations provided in art.19 paragraph (2) and paragraph (3) and art.16 par (6) of Law no. 131/2015 on public procurement.

24. Any tenderer / candidate who is in one of the situations referred to in points 22 and 23 shall provide evidence that the measures taken by him are sufficient to demonstrate his reliability and credibility, despite the existence of a ground for exclusion. If the contracting authority considers such evidence to be sufficient, the tenderer / candidate concerned shall not be excluded from the public procurement procedure, unless the economic operator has been excluded by a final judgment of a court from p

e to be sufficient, the tenderer / candidate concerned shall not be excluded from the public procurement procedure, unless the economic operator has been excluded by a final judgment of a court from participation in public procurement procedures.

25. The contracting authority shall extract the information necessary to establish the existence or non-existence of the circumstances referred to in points 22 and 23 in the available databases of public authorities or third parties. If this is not possible, the contracting authority has the obligation to accept as sufficient and relevant to demonstrate that the tenderer / candidate does not fall into one of the situations provided for in point 22 and point 23 any document considered edifying, from this point in the country of origin or in the country where the tenderer is established, such as certificates, criminal records or other equivalent documents issued by the competent authorities of that country.

26. With regard to the references in point 23, in accordance with the national law of the State in which the tenderers are established, these requests refer to natural and legal persons, including, as the case may be, to directors of companies or to any person with power of representation, decision or control regarding the bidder / candidate.

27. If in the country of origin or in the country where the tenderer / candidate is established, documents of the nature provided for in point 22 are not issued or those documents do not cover all the situations referred to in point 23, the contracting authority has the obligation to accept a declaration on your own responsibility or, if there is no legal provision in that country regarding the declaration on your own responsibility, an authentic declaration given before a notary, an administrative or judicial authority or a professional association that has competences in this regard.

28. The contracting authority shall assess the measures taken by the economic operators taking into account the gravity and the particular circumstances of the offense or misconduct. If the contracting authority considers that the measures taken are insufficient, it shall inform the tenderer / candidate of the reasons for the exclusion.

29. The contracting authority requires any tenderer to provide proof of a form of registration in the case of a legal person, the legal capacity to execute the award documentation and to deliver / provide the goods / services, in accordance with the legal provisions of the country in which it is established.

30. The tenderer must have a minimum level of economic and / or financial capacity and submit information / documents on economic and / or financial capacity in order to qualify according to the requirements of the contract, such as:

1) the achievement of an average annual turnover in the last 3 years equal to or greater than the amount established in point 16 of Annex no. 2, which must not exceed twice the estimated value of the contract, except

t of an average annual turnover in the last 3 years equal to or greater than the amount established in point 16 of Annex no. 2, which must not exceed twice the estimated value of the contract, except in well-justified cases, such as those related the special risks related to the nature of the goods or services;

2) appropriate bank statements or, where appropriate, evidence of occupational risk insurance;

3) the financial situation for the previous management period, endorsed and registered by the competent bodies, and any other edifying legal documents through which the tenderer can prove his economic-financial capacity.

31. When a contract is divided into lots, the turnover index applies to each individual lot. However, the contracting authority shall determine the minimum annual turnover imposed on economic operators in respect of groups of lots, if several successful lots are to be awarded to the successful tenderer at the same time.

32. At the request of the contacting authority, the tenderer shall submit documents demonstrating the technical and / or professional capacity to perform the future contract only to the extent that this information is relevant to the performance of the contract and is not available in public or third party databases:

1) a list of the main deliveries of similar goods / services made in the last 3 years, according to Annex no.12. Those certifications indicate to the beneficiaries, whether they are contracting authorities or private customers, the values and delivery / rendering periods.

2) the statement regarding the technical equipment and the measures applied for quality assurance, as well as, if applicable, the study and research resources;

3) information on the specialized personnel / technical body at its disposal or whose commitment to participate has been obtained by the tenderer / candidate, in particular to ensure quality control;

4) certificates or other documents issued by competent bodies attesting to this conformity of the goods, clearly identified by reference to relevant specifications or standards;

5) samples (in so far as the need for presentation is justified), descriptions and / or photographs the authenticity of which must be demonstrated if the contracting authority so requests;

6) information regarding the studies, professional training and qualification of the management staff, as well as of the persons responsible for fulfilling the contract according to Annex no.14;

7) the statement on the average annual staff of employees and managers in the last 3 years;

8) if applicable, information on the environmental protection measures that the economic operator may apply during the performance of the goods / services contract, in accordance with point 36;

9) information regarding the machinery, installations, technical equipment available to the economic operator for the proper fulfillment of the goods / services contract according to Annex no.13;

10) information on the part of the contract that the

ions, technical equipment available to the economic operator for the proper fulfillment of the goods / services contract according to Annex no.13;

10) information on the part of the contract that the economic operator possibly intends to subcontract, according to Annex no.15. Also, the copy / copies of the contract / contracts concluded with the subcontractors is to be attached to Annex no. 15.

33. The bidder must have a minimum level of experience to qualify according to the requirements of the contract by demonstrating specific experience being at least 3 years in the delivery / provision of similar goods / services, confirmed by attaching copies of contracts, invoices and documents of receipt-delivery.

34. The economic operator is required to submit, at the request of the contacting authority, documents and certificates issued by independent bodies certifying compliance with certain quality assurance standards (ISO 9001), which must relate to the quality assurance systems, based on the relevant series of European standards, certified by bodies complying with the series of European certification standards, or on relevant international standards, issued by accredited bodies.

35. In accordance with the principle of mutual recognition, the contracting authority is required to accept equivalent certificates issued by bodies established in the Member States of the European Union. If the economic operator does not hold a quality certificate as required by the contracting authority, the latter shall be obliged to accept any other certifications submitted by that economic operator, in so far as they confirm the assurance of an appropriate level of quality.

36. The economic operator shall present documents, certificates, issued by independent bodies, certifying that it complies with certain standards of environmental protection, it must report:

1) to the Community Environment and Audit Management System (EMAS), or;

2) to eco-management standards based on a series of European or international standards in the field, certified by bodies complying with Community legislation or with European or international certification standards.

37. In accordance with the principle of mutual recognition, the contracting authority is required to accept equivalent certificates issued by bodies established in the Member States of the European Union. If the economic operator does not hold an environmental certificate as required by the contracting authority, the latter shall be obliged to accept any other certifications submitted by that economic operator, in so far as they confirm the provision of an appropriate level of environmental protection.

38. Contracting authorities may use a number of general sustainability criteria for the delivery of goods and the provision of services:

1) Multi-criteria labels: European label (flower), Scandinavian label (northern swan) and national labels (such as German blue angel);

2) Purchasing organic food with a balanced nutritional intak

ces:

1) Multi-criteria labels: European label (flower), Scandinavian label (northern swan) and national labels (such as German blue angel);

2) Purchasing organic food with a balanced nutritional intake for schools / kindergartens;

3) Possibilities for recycling / reuse of the product after decommissioning;

4) Use of reusable containers or packaging for transporting products;

5) Supply of environmentally friendly and recycled paper (chlorine and fiber free);

6) Restrictions on the use of certain hazardous substances in the composition of the product;

7) Efficient air and water treatment systems in the manufacture of products;

8) Use of environmental management systems and schemes (e.g. EMAS, ISO 14001);

9) Reduction of CO2 and other gas emissions by reducing delivery frequency and new packaging options;

10) Recycling or reuse of packaging accompanying products;

11) Introduction of specifications for vehicles with the lowest possible level of CO2 emissions for the respective category and dimensions, EURO standards on particulate and NOx emissions;

12) Encourage the use of alternative fuel vehicles and electric or hybrid variants;

13) Purchase of vehicles with air conditioning systems with low GWP coolants (global warming potential);

14) Purchase of equipment / machinery in the highest energy efficiency class;

15) Purchase of low mercury lighting fixtures;

16) Reducing air pollution in cities (by purchasing buses and cars with low emissions of suspended dust and nitrogen oxides);

17) Purchasing organic food and directly supporting sustainable agriculture;

18) Saving natural resources (by purchasing products obtained from recycled materials, reducing paper consumption by purchasing, promoting the use of multifunctional devices);

19) Procurement of construction materials and sustainable supply;

20) Encourage the use of recycled materials in construction;

21) Supply of products certified as sustainable (Four EU eco-labels for components);

22) Purchase and use of construction materials with low environmental impact;

23) Recyclable waste storage services and waste management system;

24) Demolition waste management;

25) Purchasing eco-cleaning services using products that meet the requirements of eco-labels;

26) Acquisition of catering services with organic (bio) food, indicating the percentage of organic food;

27) Use of an environmental management system (EMS) for catering services;

28) Use of non-chemical, environmentally friendly methods;

29) Purchasing green electricity;

30) Imposition of extended product lifetimes and a warranty for spare parts;

31) and other.

39. In the case of an association, the requirements required for the fulfillment of the qualification and selection criteria relating to the economic and financial situation or the technical and professional capacities may be met by cumulative proportional to the tasks incumbent on each member.

40. As regards the turnover criteria, in the case of an association, the average annual turnover tak

rofessional capacities may be met by cumulative proportional to the tasks incumbent on each member.

40. As regards the turnover criteria, in the case of an association, the average annual turnover taken into account is the overall value, resulting from the sum of the average annual turnover corresponding to each member of the association.

41. In terms of experience, in order to qualify according to the established requirements, the associations must demonstrate an experience proportional to the tasks of each member.

42. The economic and financial capacity, as well as the technical and / or professional capacity of the tenderer / candidate may be supported, for the fulfillment of a contract, by another person, regardless of the nature of the legal relations between the tenderer / candidate and the respective person.

43. If the tenderer / candidate demonstrates his / her economic and financial capacity as well as the technical and / or professional capacity by invoking the support granted, in accordance with the provisions of point 42 by another person, he / she has the obligation to prove the support he / she receives by the presentation in written form of a firm commitment of the respective person, concluded in authentic form (according to annexes no.16 and no.18) and the statements of the third financial supporter and the third technical and professional supporter (annexes no.17, no.19 and no.20), by which this person confirms the fact that he makes available to the bidder / candidate financial resources as well as technical and professional resources invoked. The commitment is presented at the request of the contracting authority once it has been declared in the DUAE. The person providing financial as well as technical and professional support must meet the relevant selection criteria and must not be in any of the situations referred to in points 22 and 23 which lead to exclusion from the award procedure.

Section 3

Preparation / Elaboration of offers

44. The contracting authority in the specifications describes the conditions / requirements of supply:

a) of electricity, in accordance with Law no. 174/2017 on energy and regulatory acts adopted by the Board of Directors of the National Agency for Energy Regulation (hereinafter - ANRE), for example: Regulation on electricity supply, approved by ANRE Decision no. 23/2017, the Regulation on the connection to electricity networks and the provision of electricity transmission and distribution services, approved by ANRE Decision no. 168/2019, Methodology for calculating, approving and applying the regulated tariffs for the auxiliary services provided by the system operators in the electric power sector, approved by ANRE Decision no. 269/2018, the instruction regarding the calculation of active and reactive electricity losses in the network elements on the consumer's balance, approved by ANRE Decision no. 246/2007, the instruction regarding the calculation of the technological consumption of electricity

electricity losses in the network elements on the consumer's balance, approved by ANRE Decision no. 246/2007, the instruction regarding the calculation of the technological consumption of electricity in the distribution networks, depending on the value of the power factor in the use installations, approved by ANRE Decision no. 89/2003 etc.

b) of natural gas in accordance with Law no.108 / 2016 on natural gas and Law no.174 / 2017 on energy and regulatory acts of ANRE, for example: Regulation on the supply of natural gas, approved by ANRE Decision no.113 / 2019.

c) of thermal energy in accordance with Law no. 92/2014 on thermal energy and the promotion of cogeneration and Law no. 174/2017 on energy, and normative acts of ANRE, for example: Regulation on the supply of thermal energy, approved by ANRE Decision nr.169 / 2019.

d) of water supply and sewerage in accordance with Law no. 303/2013 on the public water supply and sewerage service and secondary normative acts, for example: Framework Regulation for the organization and functioning of the public water supply and sewerage service, approved by ANRE Decision no. 355 / 2019 or the Regulations for the organization and operation of the public water supply and sewerage service approved by the local public authorities of the first level, if they have been developed and approved.

e) of petroleum products for refueling cars according to the complete list regarding the distribution network at the level of the country from which to result that the bidder owns filling stations in the localities indicated in the award documentation. The fuel is delivered to the refueling station based on the cards issued by the Supplier. The tenderer offers the contracting authority the possibility to purchase fuel (without payment in cash) by means of value cards at the supplier's refueling stations at the level of each of the localities mentioned in the award documentation. If the place of final destination is several localities / regions, the award of procurement contracts is made in lots for each locality / region. The delivery of the cards is based on a card issuance request from the contracting authority. The deadline for the delivery of the cards at the headquarters of the contracting authority is 5 working days from the date of entry into force of the contract and, respectively, from the date of transmission of the request for issuance of additional cards.

45. The contracting authority in the specifications specifies details on the mode of transport, supply, use of products / services:

a) petroleum products for car refueling

The supplier permanently gives the purchaser the possibility to access on-line information on the detailed situation of all fuel purchases made by each of its vehicles. Possibility for the purchaser to obtain at any card-based distribution station information on the remaining value for each card. The provider manages the list of lost or stolen cards and has the obligation to block / unblock the

r to obtain at any card-based distribution station information on the remaining value for each card. The provider manages the list of lost or stolen cards and has the obligation to block / unblock their use within 24 hours of the buyer's request. The supplier has the obligation to guarantee that the supplied products comply with the minimum pollution standards approved according to the national legislation and can be supplied from the existing stations in the localities indicated in the award documentation. The fuels delivered must qualitatively comply with the regulations in force. It is presented in Part II, the Special Conditions of the Contract, as well as in Annex no. 1 to the Contract "Technical Specifications", the technical conditions of quality and the methods of determining the products, based on national or international standards and approvals. The supplier ensures the personalization of the cards on each vehicle (by registration number), the configuration of the card on the type of fuel. The Supplier provides permanent assistance 24 hours a day, 7 days a week, so that, in the event of certain deficiencies in the operation of the fuel cards, the Supplier will be able to solve the problems that appear as soon as possible. The provider specifies whether all cards are accepted at all CEEC stations located in the localities mentioned in the award documentation. The provider provides the purchaser with instructions for using the card. The contracting authority reserves the right to increase or decrease the number of cards and to supplement or decrease the amount of fuel based on the normative provisions.

b) electricity supply

The evidence of electricity consumption is made through the measurement equipment of the Beneficiary which is responsible for its integrity. If the measuring equipment is installed within the property of the system operator, the system operator shall be responsible for the integrity of the measuring equipment and the seals applied. The system operator shall ensure, upon request, the Beneficiary's access to the measuring equipment. In this case, the Beneficiary is entitled to affix his seal to the measuring equipment. The installation, operation, service, repair, periodic metrological verification and replacement of the Beneficiary's measuring equipment are carried out in accordance with Law no. 174/2017 on energy and Law no. 107/2016 on electricity, and the expenses are borne by the Beneficiary. The control of the measuring equipment and of the seals applied to it shall be carried out by the system operator, as necessary, and only in the presence of the Beneficiary's representative. The reading of the indices of the measuring equipment for the purpose of billing the electricity consumed by the Beneficiary, is performed by the monthly system operator. The personnel of the system operator and the system user shall be entitled to determine, by mutual agreement, the time to perform the activities for reading the indices o

the monthly system operator. The personnel of the system operator and the system user shall be entitled to determine, by mutual agreement, the time to perform the activities for reading the indices of the measuring equipment. The amount of electricity supplied to the Beneficiary shall be determined on the basis of the indices of the measuring equipment, read at each place of consumption, or, in the cases provided for in the Regulation on the supply of electricity, shall be calculated by estimation. In case of damage to the measuring equipment or if the Beneficiary finds a violation of the provisions of the Law on electricity, which led to the consumption of electricity by avoiding the measuring equipment, by distorting the indications of the measuring equipment or other unrecorded consumption the measuring equipment, the equivalent value of the consumed electricity is calculated in accordance with the provisions of the Regulation for the supply of electricity. The equivalent value of electricity losses in power transformers and in power lines belonging to the Beneficiary is calculated based on the Instruction on calculating active and reactive electricity losses in the network elements on the consumer balance, approved by ANRE Decision no. 246/2007.

46. The contracting authority in the specifications specifies the method of calculating the cost / price of the good / service, by reference to the normative acts in the field.

a) of petroleum products for refueling cars

The price of a liter of fuel offered will be the one displayed at the fueling stations of the bidder with the application of the discount offered.

The supplier shall provide the contracting authority with the possibility of setting individual value limits for each card, including modifying them in the sense of increasing or decreasing them. The unit price offered is the average price calculated by the bidder using the prices displayed on the information panels in all stations in the locality / region indicated in the award documentation, within 15 days until the date of publication of the notice of participation in the Public Procurement Bulletin, to which a discount applies.

The calculation of the unit price is performed according to the formula:

Where,

Pu – represents the unit price offered;

M1 – represents the average of the prices displayed at all stations in the locality / region specified in point 1 for the first day;

M2 – represents the average of the prices displayed at all stations in the locality / region specified in point 1 for the next day;

M15 – represents the average of the prices displayed at all stations in the locality / region specified in point 1 for the fifteenth day;

D% – represents the discount applied.

The discount is expressly specified in the offer and subsequently in Annex no. 2 to the contract, remaining unchanged for its entire validity period. The financial proposal must be accompanied by confirmatory documents regarding the prices presented (tax receipt

tly in Annex no. 2 to the contract, remaining unchanged for its entire validity period. The financial proposal must be accompanied by confirmatory documents regarding the prices presented (tax receipt). The supplier invoices the value of the products at the end of each month, for the consumption carried out, according to a centralization with the quantity supplied on each motor vehicle. The consumption bill on each card is accompanied by a consumption report containing detailed information on the transactions made on each card and car, location, date, time of refueling, fuel type and, if applicable, card subtotal and overall fuel total after each transaction.

In the case of purchasing petroleum products for refueling cars, in accordance with art. 26 of Law no. 131/2015 on public procurement, the best value for money criterion is applied, of which the price evaluation factor is at least 60%, and the rest of the factors are at the decision of the contracting authority (e.g.: discount, location of CEEC stations, etc.).

In the rest of the cases related to the purchase of liquid and / or gaseous fuels in bulk, oils, etc. the general principle of procurement of goods is used.

b) of electricity

The technological consumption of electricity, caused by the power factor in the electrical installations of the Beneficiary is billed only if the power factor Cos φ, calculated at the delimitation point, is less than __________ (0.92 for the use installation connected to voltage 0.4 kV and 0.87 at voltage 10 (6) kV). The amount of technological consumption of electricity caused by the power factor in the electrical installations of the Beneficiary is calculated based on the Instruction on calculating the technological consumption of electricity in distribution networks, depending on the value of the power factor in use installations, approved by the Decision of Administration Council of the Agency no.89 of 13/2003. If the supplier calculates the price based on the ANRE tariff minus - the discount, the method of calculating the price is indicated in the special conditions of the contract and also the cases of modification of it are indicated. The decrease and / or increase of the price and value of the contract is performed by additional agreement to the contract.

47. The economic operator interested in participating in the public procurement procedure is obliged to submit until the expiration of the deadline established by the contracting authority, in this sense, a request to participate, in case of application of the provisions of art. 33 par. (7) and par. (11) of Law no.131 / 2015. In other cases, it is submitted with the offer.

48. The offer includes the following forms:

1) Technical proposal - the tenderer draws up the technical proposal so that it fully complies with the qualification requirements as well as the requirements set out in the specifications. The technical proposal contains - Technical specifications (annex no.22);

2) Financial proposal - the t

s with the qualification requirements as well as the requirements set out in the specifications. The technical proposal contains - Technical specifications (annex no.22);

2) Financial proposal - the tenderer prepares the financial proposal so that it provides all the requested information on prices, tariffs, as well as other financial and commercial conditions related to the object of the public procurement contract of goods and services. Financial proposal contains - Price specifications (annex no.23);

3) DUAE;

4) Guarantee for the offer, as the case may be (annex no.9).

49. All the documents mentioned in point 48 are filled in without any modification or deviation from the forms, the empty spaces being filled in with the requested information. Improper completion of the forms will result in the rejection of the offer.

50. Economic operators prepare tenders in accordance with the requirements set out in the contract notice, published by the contracting authority in the Public Procurement Bulletin, and submit tenders electronically, using the interactive workflows provided by electronic platforms, except as provided in Article 33 para. (7) and paragraph (11) of Law no. 131/2015 on public procurement.

51. The bidder submits the guarantee for the bid according to the provisions of Law no. 131/2015 on public procurement.

52. In the case of an association, the tender guarantee is submitted by the leader of the association.

53. The tenderer has the obligation, by submitting the declaration regarding the validity of the tender (annex no. 8), to maintain the tender valid for the entire validity period provided in the award documentation. The term of validity of the offer starts from the moment of the deadline for submission of offers. Any tender valid for a period shorter than that provided for in Annex No 2 shall be rejected by the working group as unsuitable.

54. In the event of an extension of the period of validity of the tender, the period of validity of the tender guarantee shall be extended accordingly.

55. The tenderer has the obligation to communicate to the contracting authority whether or not he/she agrees with the extension of the period of validity of the tender. The tenderer who does not agree with the extension of the period of validity of the tender shall be deemed to have withdrawn his/hers tender, without this entailing the loss of the tender guarantee.

56. Tenders containing a guarantee period shorter than the period of validity of the tenders provided for in Annex 2 shall be rejected by the working group or, as the case may be, by the certified specialist in the field of public procurement.

57. The contracting authority establishes the maximum period of delivery / provision of goods / services in annex no.2.

58. The prices for the requested goods / services are indicated in Moldovan lei, with two digits after the comma, except for the cases in which annex no. 2 provides otherwise.

Section 4

Submission and opening of tenders

59. The o

ted goods / services are indicated in Moldovan lei, with two digits after the comma, except for the cases in which annex no. 2 provides otherwise.

Section 4

Submission and opening of tenders

59. The offer written and signed in electronic format, by the administrator of the company indicated in the Extract of the State Register of legal entities or by the authorized person both in case of delegation or power of attorney, the tender is accompanied by the power of attorney and is presented according to the requirements in Annex no.2 in accordance with the existing instruments in SIA RSAP, except for the cases provided in art.33 paragraph (7) and paragraph (11) of Law no.131 / 2015 on public procurement.

60. The tenderer must take all measures so that the tender is received and registered in the SIA RSAP by the deadline for submission of tenders, taking into account the time required to upload the tender to the system. In the case of submission of tenders on paper, the contracting authority shall issue to the economic operator, obligatorily, a receipt indicating the date and time of receipt of the tender.

61. The supporting documents in support of the information declared in the DUAE, which contain personal data, shall be presented separately, on paper or in scanned form, with the application of electronic signature, using electronic means of communication or other means at the tender evaluation stage, at the request of the contracting authority.

62. SIA RSAP does not accept tenders submitted after the deadline for submission of tenders.

63. In the cases provided for in Article 33 paragraphs (7) and paragraphs (11) of Law no. 131/2015 on public procurement, tenders submitted after the deadline for opening tenders shall be registered by the contracting authority and returned to the tenderer, without being open.

64. In the case of the association according to point 15, each of them assumes the obligation for the common offer and is responsible for any consequences of the future public procurement contract. The information regarding the association is presented by completing annex no.11.

65. The tenderer has the right to submit only one basic tender. Associated bidders are not entitled to submit other bids, individually, in addition to the joint bid. Alternative tenders shall be submitted only if the contracting authority has explicitly stated in the contract notice that it allows or requests the submission of alternative tenders.

66. Legal entities nominated as subcontractors in one or more tenders are not entitled to submit the tender in their own name or in association.

67. The tenderer has the right to modify or withdraw the tender before the expiry of the deadline for submission of tenders, without losing the right to withdraw the tender guarantee.

Section 5

Evaluation and comparison of offers

68. If the tenders contain technical, commercial or intellectual property protection secrets, the contracting authority ensures the confidentiality of the co

tion 5

Evaluation and comparison of offers

68. If the tenders contain technical, commercial or intellectual property protection secrets, the contracting authority ensures the confidentiality of the content of the tender, as well as of any information regarding the tenderer and at the same time ensures the right of the economic operator not to make public these data by applying art. 33 paragraph (7) and paragraph (11) of Law no. 131/2015 on public procurement, but the application of this article refers only to the part containing the data listed above.

69. The examination of the documents by the contracting authority shall be carried out on the basis of the information submitted by the economic operators in the DUAE, and in accordance with the requirements stipulated in the contract notice stating that:

1) is eligible to participate in public procurement procedures and there are no grounds for exclusion from the public procurement procedures for the award of the public procurement contract;

2) meets the criteria relating to the economic and financial situation and / or the technical and professional capacity laid down by the contracting authority in the contract notice or in the award documentation.

3) undertakes to ensure and comply with quality assurance standards and environmental protection standards.

70. DUAE of economic operators is verified as appropriate, directly by the contracting authority through the automatic procedures carried out in SIA RSAP, by accessing a database of public authorities or third parties in the Republic of Moldova, and when necessary in other countries.

71. If the evaluation establishes discrepancies between the information submitted by the economic operator in the DUAE and the requirements established by the contracting authority, the economic operator is disqualified, leading to the rejection of the tender, being established as unacceptable and non-compliant, and the documents of the next bidder / candidate are examined.

72. The economic operator whose information presented in the DUAE corresponds to the requirements / conditions specified by the contracting authority in the notice / invitation to participate has the obligation to present upon request and without delay the supporting documents.

73. The tenderer ranked first after the application of the award criterion shall present the supporting documents proving that he fully meets the requirements corresponding to the qualification and selection criteria, in accordance with the information contained in the DUAE, except for the procedures performed in several stages, when the supporting documents are requested before the invitations for the second stage are sent to the selected candidates.

74. Tenders shall be examined by the working group set up by the contracting authority or, as the case may be, by the certified public procurement specialist.

75. The working group or, as the case may be, the certified specialist in the field of public procurement has the obli

authority or, as the case may be, by the certified public procurement specialist.

75. The working group or, as the case may be, the certified specialist in the field of public procurement has the obligation to establish the necessary clarifications for the evaluation of each offer, as well as the period granted for the transmission of clarifications.

76. In the case of a tender which has an abnormally low price in relation to the estimated purchase price, the contracting authority has the obligation to control the calculation of the price elements and to verify certain elements of the financial proposal established as being abnormally low and compliance by the tenderer with the technical requirements indicated in the specifications, and to request in writing, and before taking a decision to reject that tender, details and clarifications which he considers relevant to the tender, as well as check the answers that justify the price.

77. The working group or, as the case may be, the certified public procurement specialist shall reject the tender in any of the following cases:

1) the tenderer does not meet the qualification and selection requirements;

2) the tender does not comply with the requirements provided in the award documentation for the elaboration and presentation of the tenders;

3) the tenderer does not send the requested clarifications within the set period;

4) the financial offer does not have a fixed price;

5) the tenderer modifies, by the clarifications he/she presents, the content of the technical proposal and / or the financial proposal, unless the modification is determined by the correction of arithmetical errors or insignificant deviations;

6) the offer is abnormally low according to art.70 of Law no.131 / 2015 on public procurement;

7) when the explanations submitted by the tenderer, at the request of the contracting authority, are not conclusive and / or are not supported by the supporting documents required by the working group or, as the case may be, the certified public procurement specialist;

8) it was found that committing acts of corruption, acts related to acts of corruption or corrupt deeds confirmed by a final decision of the court.

78. If the tender, including the accompanying forms, does not meet the requirements set out in the invitation to tender, including the award documentation or is not completed, electronically signed and, where appropriate, signed and stamped accordingly, it shall be rejected by the competent contracting authority, and may not be rectified in order to meet the requirements, by correcting or extracting inappropriate deviations or reservations, except for the correction of arithmetical errors or insignificant deviations.

79. The contracting authority may, at its discretion, request from any of the tenderers a clarification of their tender in order to facilitate the examination, evaluation and comparison of tenders. No changes are requested or allowed in the prices or content of the tender, excep

enderers a clarification of their tender in order to facilitate the examination, evaluation and comparison of tenders. No changes are requested or allowed in the prices or content of the tender, except for the correction of arithmetic errors discovered by the contracting authority during the evaluation of the tenders.

80. Arithmetic errors are corrected as follows: if there is a discrepancy between the price per unit of measurement and the total price (which is obtained by multiplying the price by the total quantity), the unit price is taken into account and the total price is corrected accordingly.

81. The working group, as the case may be, the certified specialist in the field of public procurement has the right to correct the arithmetic errors only with the consent of the bidder. If the tenderer does not accept the correction of these errors, his/hers tender will be considered inappropriate and, consequently, will be rejected by the working group.

82. The economic operator is obliged to respond to the request for clarification of the contracting authority within 3 working days or, if the procedure used is the request for tenders, at most one working day from the date of its dispatch, and if the tenderer does not supplement, clarify or complete the information or documents requested by the contracting authority within the time limits set by it, the tender shall be rejected and the next one shall be selected after ranking among the remaining tenders in force.

83. The offer that corresponds to all the terms, conditions and specifications in the award documents, without essential deviations or with insignificant deviations, errors or omissions that can be removed without affecting its essence, is considered compliant.

84. If this is proven, the contracting authority shall declare the tenderer ineligible for subsequent participation in public procurement contracts, following his inclusion in the Prohibition List of Economic Operators.

85. The contracting authority requires tenderers to demonstrate the power to conclude public procurement contracts and the composition of the founders, associations, shareholders, administrators and beneficial owners.

86. The successful bidder / associate bidder is obliged to complete and submit the declaration on the actual beneficiaries in accordance with the Order of the Minister of Finance no. 145/2020 on the approval of the Declaration on confirming the identity of the actual beneficiaries and their non-inclusion in the situation of conviction for participating in the activities of a criminal organization or group, for corruption, fraud and / or money laundering.

Section 6

Contract award

87. The contracting authority cancels the procedure for awarding the public procurement contract according to art.71 of Law no.131 / 2015 on public procurement.

88. The cancellation decision does not create any obligation on the part of the contracting authority towards the tenderers, except for the return of the tender guarantee

/ 2015 on public procurement.

88. The cancellation decision does not create any obligation on the part of the contracting authority towards the tenderers, except for the return of the tender guarantee. The decision to cancel the award procedure is sent to the Public Procurement Agency no later than the date of information on the results of the award procedure provided in art. 31 paragraph (1) of Law no. 131/2015 on public procurement.

89. If the application of the procedure for awarding the public contract is canceled, the contracting authority has the obligation to communicate in writing to all participants in the public procurement procedure, within 3 days from the date of cancellation of the procedure, both the termination of the obligations which they created by submitting bids, as well as the reason for cancellation.

90. The report on the cancellation of the public procurement procedure shall be drawn up by the contracting authority and shall be published in the Public Procurement Bulletin no later than the date of issuance of the decision to cancel the public procurement procedure.

91. At the time of concluding the contract, but not later than the expiration date of the tender guarantee, as the case may be, the winning bidder presents the performance guarantee, in accordance with the requirements stipulated in art.68 of Law no.131 / 2015 on public procurement.

92. The guarantee of good execution of the contract, if the parties agree, consists of:

1) successive deductions from the payment due for the submitted tax invoices, with the transfer of the respective amount to a special account opened by the economic operator, made available to the contracting authority, to a licensed bank, agreed by both parties;

2) successive direct deductions from the payment due for the submitted tax invoices;

3) transfer to the contracting authority's account;

4) form of bank guarantee from a licensed institution, (annex no. 10).

93. The refusal of the successful tenderer to submit the performance guarantee or to sign the contract constitutes a reason for the cancellation of the award of the contract and the withholding of the guarantee for the tender. In this case, the contracting authority may award the contract to the next tenderer with the highest ranked tender, whose tender complies with the requirements and which is considered by the contracting authority to be qualified in performance of the contract. At the same time, the contracting authority has the right to reject all other tenders.

94. At the end of the waiting period or, as the case may be, after the settlement of any appeals, or the monitoring of the conformity of the public procurement procedures by the Public Procurement Agency, the contracting authority concludes the public procurement contract, in accordance with the terms and conditions indicated in the award documentation.

95. At the date of concluding the public procurement contract for goods / services, it is forbidden to modify some eleme

accordance with the terms and conditions indicated in the award documentation.

95. At the date of concluding the public procurement contract for goods / services, it is forbidden to modify some elements of the winning bid, to impose new requirements on the winning bidder or to involve any other bidder than the one who submitted the most advantageous bid.

96. The contract for which the financial sources are allocated from the state budget / local budget must be registered at one of the regional treasuries of the Ministry of Finance and enters into force on the date of registration or at a later date provided by it after registration at one of the regional treasuries of the Ministry of Finance.

97. The contracting authority uses the model contract (annex no. 24) of this standard documentation, including for subsequent contracts concluded according to the framework agreement (annex no. 26), for low value contracts, for contracts following the procedure by requesting price offers, as well as for contracts following the negotiated procedures. The contract may be concluded between one or more contracting authorities and one or more economic operators, which has as object the delivery / provision of goods / services.

98. The contract is composed of two parts: the general Part I which is mandatory, and which does not change, except for public procurement contracts that do not fall under the scope of Law no. 131/2015 on public procurement and Part II which relates to the conditions special conditions of the contract that are completed only if necessary, where the contracting authority has the right to establish special conditions / requirements depending on the object of procurement, the complexity of the procedure, and to establish the conditions of payment (especially for the purchase of fuel, electricity, gas , water and sewerage, sanitation, electronic communications services, etc.), as well as to establish the conditions of advance payment. In the case of procurement of services in the field of energy and water supply and sewerage, the public procurement contract contains the mandatory clauses established by sectoral laws and regulatory normative acts approved by ANRE. At the same time, the obligatory provisions established by its decisions, which are not found in the general part I of the contract, are indicated in part II related to the special conditions of the contract.

99. The terms for assuming the commitments in the public procurement contracts by the budgetary authorities / institutions are established in accordance with the provisions of art. 66 of Law no. 181/2015 on public finances and budgetary-fiscal responsibility.

100. In the case of audit services, the contracting authority indicates in Part II related to the special conditions of the contract the rights / obligations of the Beneficiary and the rights / obligations of the Provider, in accordance with the provisions of the Order of the Minister of Finance no. 160/2020 on the approval

ntract the rights / obligations of the Beneficiary and the rights / obligations of the Provider, in accordance with the provisions of the Order of the Minister of Finance no. 160/2020 on the approval of the Regulation on internal audit activity on a contract basis in the public sector.

101. Draft contracts deviating from Annex no. 24, drawn up by the provider / supplier, are not accepted in public procurement, unless the services are provided outside the country and are concluded according to the local legal framework (for example: training services, hotel services , etc.).

102. Any economic operator who considers that, in procurement procedures, the contracting authority, by the decision issued or by the procurement procedure applied in violation of the law, has infringed a right recognized by law, as a result of which he has suffered or may suffer damage, has the right to challenge the decision or procedure applied by the contracting authority, in the manner established by Law no. 131/2015 on public procurement.

103. Appeals are submitted directly to the National Agency for the Settlement of Appeals. All appeals are submitted, examined and resolved in the manner established by Law no. 131/2015 on public procurement.

104. The economic operator, according to art.83 of Law no.131 / 2015 on public procurement, within up to 5 days, or 10 days from the date on which he found out about the circumstances that served as a basis for appeal, has the right to submit to National Agency for the Settlement of Appeals a reasoned appeal of the actions, the decision or the procedure applied by the contracting authority.

105. The appeals regarding the notices of participation in the tender and the award documentation shall be submitted within the terms indicated in point 104, but not later than the opening of the tenders by the contracting authority.

106. Each tenderer who participates, individually or as an associate, in the procedure for awarding the public procurement contract for goods / services has the obligation to submit the annexes provided in this documentation, duly completed and signed by authorized persons, according to the requirements set out in the annex no.2.

(M1 + M2 + .... + M15)

15

Annex no.7

to the Standard Documentation no._____

of "____" ________ 20___

REQUEST TO PARTICIPATE

To____________________________________________________________________

(the name of the contracting authority and the full address)

Dear Sirs,

Following the announcement / invitation to participate / pre-selection appeared in the Public Procurement Bulletin and / or the Official Journal of the European Union, no.. . . . of . . . . . . . . . . . . . . (day / month / year), on the application of the procedure for awarding the contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the name of the public procurement contract), we . . . . . . . . . . . . . . . . . . (the name / name of

edure for awarding the contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (the name of the public procurement contract), we . . . . . . . . . . . . . . . . . . (the name / name of the bidder / candidate), we have read the conditions and requirements set out in the award documentation and we hereby express our interest to participate, as bidder / candidate, having no objections to the award documentation.

Date of completion. . . . . . . . . . . . . Regards,

Bidder / candidate. . . . . . . . . . . . . . . . . .

(authorized signature)

Annex no.8

to the Standard Documentation no._____

of "____" ________ 20___

STATEMENT

on the validity of the bid

To____________________________________________________________________

(the name of the contracting authority and the full address)

Dear Sirs,

We undertake to keep the offer valid, on the purchase _____________________

(the object of the acquisition is indicated)

through the procurement procedure ________________________________________________,

(type of procurement procedure)

for a period of _____________ days, (duration in letters and numbers), respectively until ___________________ (day / month / year), and it will remain mandatory for us and can be accepted at any time before the expiration of the validity period.

Date of completion. . . . . . . . . . . . . Regards,

Bidder / candidate

. . . . . . . . . . . . . . . . . . . .

(authorized signature)

Annex no.9

to the Standard Documentation no._____

of "____" ________ 20___

BANK

_________________________

(the name)

BANK GUARANTEE LETTER

for participation with tender in the award procedure

of the public procurement contract

To____________________________________________________________________

(for participation with tender in the award procedure of the public procurement contract)

regarding the contract award procedure ________________________________,

(the name of the public procurement contract)

undersigned______________________________________________________________,

(the name of the bank)

Registered at______________________________________________________________,

(address of the bank)

we commit ourselves to_________________________________________________________

(the name of the contracting authority)

to pay the amount of ____________________________________, at his first written request and

(amount in letters and numbers)

without the latter having the obligation to state reasons for that request, provided that the con

at his first written request and

(amount in letters and numbers)

without the latter having the obligation to state reasons for that request, provided that the contracting authority specifies in its request that the amount requested by it and due to it is due to the existence of one or more of the following situations:

1. Bidder ___________________________________________________________________

(the name of the bidder)

withdraws or modifies its offer during its validity period;

This offer remains valid for the period of time specified in Annex no.2 of the Participation Notice, starting with the deadline for submitting the offer, in accordance with Annex no.2 of the Participation Notice, and remains mandatory and can be accepted at any time until expiration of this period;

2. His/her bid being determined to be the winner, the bidder ___________________________________

(the name of the bidder)

it did not constitute a guarantee of good execution;

3. His/her bid being determined to be the winner, the bidder __________________________________

(the name of the bidder)

refused to sign the public procurement contract for goods / services;

No condition is met, specified in the award documentation before signing the public procurement contract for goods / services.

This warranty is valid until __________________________________

Primed by the Bank _____________________________ on the day___month____year _______

(authorized signature)

Annex no.10

to the Standard Documentation no._____

of "____" ________ 20___

[The commercial bank, at the request of the winning bidder, will fill in this form on the letterhead, in accordance with the instructions below.]

Date: "___" ______________ 20__

Procurement procedure no.: ___________________________

Bank Office: _____________________________________

[enter the full name of the guarantor]

Beneficiary: ________________________________________

[enter the full name of the contracting authority]

GUARANTEE OF GOOD PERFORMANCE

No. _______________

We, [enter the legal name and address of the bank], were informed that the company [enter the full name of the Supplier / Provider] (hereinafter referred to as "Supplier / Provider") was awarded the Public Procurement Contract for delivery / provision ______________ [the object of the purchase, describe the goods / services] according to the announcement / invitation to the procurement procedure no .___ from _________. 20_ [number and date of the procurement procedure] (hereinafter referred to as "Contract").

Therefore, we understand that the Supplier / Provider must submit a Performance Guara

o .___ from _________. 20_ [number and date of the procurement procedure] (hereinafter referred to as "Contract").

Therefore, we understand that the Supplier / Provider must submit a Performance Guarantee in accordance with the provisions of the award documentation.

At the request of the Supplier / Provider, we hereby irrevocably undertake to pay you any amount (s) not exceeding [enter the amount (s) in numbers and words] upon receipt of the first written request from you, stating that the Supplier / Provider is not fulfilling one or more obligations under the Contract, without discussion or clarification and without the need to demonstrate or show the grounds or reasons for your request. Or for the amount indicated in it.

This Guarantee will expire no later than [enter the number] from [insert the month][enter the year], and any payment request relating thereto must be received by us ex officio by this date inclusive.

[the signatures of the authorized representatives of the bank and of the Supplier / Provider]

Annex no.11

to the Standard Documentation no._____

of "____" ________ 20___

ASSOCIATION INFORMATION

1. Contracting parties (economical agents)

a) ____________________________________________________________________

b) ____________________________________________________________________

c) ____________________________________________________________________

2. Addresses, telephone, fax of partner offices (contracting parties):

a) ____________________________________________________________________

b) ____________________________________________________________________

c) ____________________________________________________________________

3. Association information:

a) Date of concluding the association contract ____________________________________

b) Place and date of registration of the association ________________________________________

c) Economic activities to be carried out jointly

_______________________________________________________________________

d) The contribution of each party to the achievement of the agreed joint economic activities

_______________________________________________________________________

e) The value and percentage share of the goods delivered / services provided by each associate

_______________________________________________________________________

f) Conditions of administration of the association ________________________________________

g) The way of dividing the results of the joint economic activity carried out

_______________________________________________________________________

h) Causes of termination of the association and how the results of the liquidation are divided

________________________________________________________________________

i) Physical, value and percentage distribution between each partner for the execution of the objective subject to the auction

_______________________________________________________________________

j) Other causes ____________________________________

een each partner for the execution of the objective subject to the auction

_______________________________________________________________________

j) Other causes ______________________________________________________________

Date of completion __________________________________

Signed the Leader of the Association: __________________________

Name: __________________________________________

Position within the company: ____________________________

Company name: _________________________________

Signed Second Associate: __________________________

Name: __________________________________________

Position within the company: ____________________________

Company name: _________________________________

Annex no.12

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

on main list of deliveries/supplies made in the last 3 years of activity

performance period (months)

1

2

...

*) Indicate the capacity in which they participated in the performance of the contract, which may be sole contractor or leader of association, associate contractor, subcontractor.

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Name of the company: _____

associate contractor, subcontractor.

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Name of the company: _____________________ _____________________________

Annex no.13

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

on specific facilities, machinery and equipment necessary for the proper performance of the contract

measurement

provided by

third parties or

other sources

1.

2.

3.

.

.

n

Signed: ___________________________________

Name: ____________________________________

Position in the company: ______________________

Name: ____________________________________

Position in the company: ______________________

Name: ____________________________________

Position in the company: ______________________

Name: ____________________________________

Position in the company: ______________________

Name: ____________________________________

Position in the company: ______________________

Name of the company: ________________________

Annex no.14

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION

on specialist staff proposed to implement the contract

Signed: _____________________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

__________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name of the company: __________________________

Annex no.15

to Standard Documentation no._____

of "____" ________ 20___

LIST OF SUBCONTRACTORS

to Standard Documentation no._____

of "____" ________ 20___

LIST OF SUBCONTRACTORS

to Standard Documentation no._____

of "____" ________ 20___

LIST OF SUBCONTRACTORS

to Standard Documentation no._____

of "____" ________ 20___

LIST OF SUBCONTRACTORS

to Standard Documentation no._____

of "____" ________ 20___

LIST OF SUBCONTRACTORS

AND THE PART (S) OF THE CONTRACT PERFORMED BY THEM

1.

2.

3.

4.

Signed: _____________________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name: ______________________________________

Position in the company: ________________________

Name of the company: __________________________

Annex no.16

to Standard Documentation no._____

of "____" ________ 20___

UNNDERTAKING BY THIRD-PARTY FINANCIAL SUPPORTING ENTITY

Third-party financial supporting entity

..........................

(name)

UNDERTAKING

to provide financial support to the tenderer/candidate

To ...............................................................................................................................

support to the tenderer/candidate

To ...............................................................................................................................

(name and full address of contracting authority)

With reference to the procedure for the award of the contract.................................................. (name of public procurement contract), we .......................(name of third-party financial supporting entity), with registered office at .................. (address of third-party financial supporting entity), firmly, unconditionally and irrevocably undertake to make available to ................ (name of tenderer/candidate) all the financial resources necessary for the full and timely fulfillment of all the obligations undertaken by it under the tender submitted and the public procurement contract to be concluded between the tenderer and the contracting authority.

The provision of financial support does not imply any other costs for the purchaser, except those included in the financial proposal.

Therefore, we undertake firmly, unconditionally and irrevocably to make available to .......... (name of tenderer/candidate) the amount of ....................................... (total/partial amount of the financial proposal), necessary for the full, regular and timely performance of the public procurement contract.

We, ............................................ (name of third-party financial supporting entity), declare that we agree to be liable to the contracting authority for the non-performance of any obligation undertaken by ............................... (name of tenderer), under the public procurement contract, and for which ................................ (name of tenderer/candidate) has received financial support under this undertaking, thus definitively and irrevocably waiving the right to invoke the benefit of division.

We, ..................... (name of third-party financial supporting entity), declare that we agree to waive definitively and irrevocably the right to invoke any exception of non-performance, both against the contracting authority and ...................................... (name of tenderer/candidate), which could lead to partial or total non-performance or late or improper performance of the obligations undertaken by us hereunder.

We, .................................. (third-party financial supporting entity), declare that we agree to be liable for any damage caused to the contracting authority as a result of our failure to comply with our obligations provided for by this undertaking.

This is our firm undertaking made in accordance with art. 21(6) of Law no.131/2015 on public procurement, which entitles the contracting authority to legitimately require us to fulfill certain obligations arising from the financial support provided to .............................................................. (name of tenderer/candidate).

Date of completion

...............

ill certain obligations arising from the financial support provided to .............................................................. (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

..........................

(authorized signature)

Annex no.17

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY FINANCIAL SUPPORTING ENTITY

Third-party financial supporting entity

............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party financial supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the financial resources necessary for the full and timely fulfillment of all obligations under the public procurement contract ............................................... are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

Date of completion

...........................

Third-party supporting entity

..........................

(authorized signature)

Annex no.18

to Standard Documentation no._____

of "____" ________ 20___

UNDERTAKING

TO PROVIDE TECHNICAL AND PROFESSIONAL SUPPORT TO THE TENDERER/

GROUP OF ECONOMIC OPERATORS

........................

(name)

UNDERTAKING

to provide technical and professional support to the tenderer/candidate

To ..........................................................................................................

(name and full address of contracting authority)

With reference to the procedure for the award of the contract ...................... (name of public procurement contract), we ............. (name of third-party technical and professional supporting entity), with registered office at .......... .............(address of third-party technical and professional supporting entity), firmly, unconditionally and irrevocably undertake to make available to.............. (name of tenderer) all the technical and professional resources necessary for the full and timely fulfillment of all the obligations undertaken by it under the tender submitted and the public procurement contract to be concluded between the tenderer and the contracting authority.

The provision of technical and professional support does not imply any other costs for the purchaser, except those included in the financial proposal.

Therefore, we undertake firmly, unconditionally and irrevocably to make available to ..........(name of tenderer/candidate) the technical and/or professional resources of ......................................., necessary for the full, regular and timely performance of the public procurement contract.

We, .............................

l and/or professional resources of ......................................., necessary for the full, regular and timely performance of the public procurement contract.

We, ............................................ (name of third-party technical and professional supporting entity), declare that we agree to be unconditionally liable to the contracting authority for the non-performance of any obligation undertaken by ............................... (name of tenderer/candidate), under the public procurement contract, and for which ................................ (name of operator/candidate) has received technical and professional support under this undertaking, thus definitively and irrevocably waiving the right to invoke the benefit of division.

We, ..................... (name of third-party technical and professional supporting entity), declare that we agree to waive definitively and irrevocably the right to invoke any exception of non-performance, both against the contracting authority and ...................................... (name of tenderer), which could lead to partial or total non-performance or late or improper performance of the obligations undertaken by us hereunder.

We, .................................. (third-party technical and professional supporting entity), declare that we agree to be liable for any damage caused to the contracting authority as a result of our failure to comply with our obligations provided for by this undertaking.

This is our firm undertaking made in accordance with art. 22(6) of Law no.131/2015 on public procurement, which entitles the contracting authority to legitimately require us to fulfill certain obligations arising from the technical and professional support provided to .............................................................. (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

..........................

(authorized signature)

Annex no.19

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY TECHNICAL SUPPORTING ENTITY

Third-party technical supporting entity

...........................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the logistics, machinery, installations, technical equipment, being in my property and to be actually used for the performance of the public procurement contract ..............................................., are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

of owned logistics, machinery, tech

ill arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY TECHNICAL SUPPORTING ENTITY

Third-party technical supporting entity

...........................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the logistics, machinery, installations, technical equipment, being in my property and to be actually used for the performance of the public procurement contract ..............................................., are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY TECHNICAL SUPPORTING ENTITY

Third-party technical supporting entity

...........................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the logistics, machinery, installations, technical equipment, being in my property and to be actually used for the performance of the public procurement contract ..............................................., are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY TECHNICAL SUPPORTING ENTITY

Third-party technical supporting entity

...........................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under pena

ame)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the logistics, machinery, installations, technical equipment, being in my property and to be actually used for the performance of the public procurement contract ..............................................., are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY TECHNICAL SUPPORTING ENTITY

Third-party technical supporting entity

...........................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party technical supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the logistics, machinery, installations, technical equipment, being in my property and to be actually used for the performance of the public procurement contract ..............................................., are real.

I also declare that we will make these resources available unconditionally, according to the needs that will arise during the performance of the public procurement contract for .......................................................... (object of the contract).

LIST

of owned logistics, machinery, technical installations and equipment to be actually used for the performance of the public procurement contract

This Declaration is annexed to the “Firm Undertaking” to provide our technical and professional support to ........................................... (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

...........................

Date of completion

...........................

Third-party supporting entity

...........................

...

Third-party supporting entity

...........................

Date of completion

...........................

Third-party supporting entity

...........................

Date of completion

...........................

Third-party supporting entity

...........................

Date of completion

...........................

Third-party supporting entity

...........................

(authorized signature)

Annex no.20

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY PROFESSIONAL SUPPORTING ENTITY

Third-party professional supporting entity

..............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party professional supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the average annual number of employed specialist staff to be actually assigned to the performance of the public procurement contract ............................................... are real.

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY PROFESSIONAL SUPPORTING ENTITY

Third-party professional supporting entity

..............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party professional supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the average annual number of employed specialist staff to be actually assigned to the performance of the public procurement contract ............................................... are real.

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY PROFESSIONAL SUPPORTING ENTITY

Third-party professional supporting entity

..............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (na

TING ENTITY

Third-party professional supporting entity

..............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party professional supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the average annual number of employed specialist staff to be actually assigned to the performance of the public procurement contract ............................................... are real.

LIST

to Standard Documentation no._____

of "____" ________ 20___

DECLARATION BY THIRD-PARTY PROFESSIONAL SUPPORTING ENTITY

Third-party professional supporting entity

..............................

(name)

Declaration

I, the undersigned, authorized representative of .......................... (name of third-party professional supporting entity), declare on my sole responsibility, under penalties applicable to forgery of public documents, that all the data given in the attached table concerning the average annual number of employed specialist staff to be actually assigned to the performance of the public procurement contract ............................................... are real.

LIST

of employed specialist staff to be actually assigned to performance of the public procurement contract

…………

…………

…………

I attach to this Declaration the CVs of specialist staff, as well as those of the staff to be actually assigned to the performance of the public procurement contract.

I, the undersigned, declare that the information provided, relating to previous experience, technical capabilities and employed specialist staff, is complete and correct in every detail, and understand that the contracting party has the right to request, in order to verify and confirm the declarations, statements and documents accompanying the tender, any additional information for the purpose of verifying the data in this Declaration.

I, the undersigned, hereby authorize any institution, company, bank, other legal entity to provide information to the authorized representatives of ........... (name and address of contracting authority) regarding any technical and financial matters in connection with our work.

This Declaration is annexed to the “Firm Undertaking” to provide our technical and professional support to .............................................. ................................... (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

...........................

I,

....

I, the undersigned, declare that the information provided, relating to previous experience, technical capabilities and employed specialist staff, is complete and correct in every detail, and understand that the contracting party has the right to request, in order to verify and confirm the declarations, statements and documents accompanying the tender, any additional information for the purpose of verifying the data in this Declaration.

I, the undersigned, hereby authorize any institution, company, bank, other legal entity to provide information to the authorized representatives of ........... (name and address of contracting authority) regarding any technical and financial matters in connection with our work.

This Declaration is annexed to the “Firm Undertaking” to provide our technical and professional support to .............................................. ................................... (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

...........................

I, the undersigned, declare that the information provided, relating to previous experience, technical capabilities and employed specialist staff, is complete and correct in every detail, and understand that the contracting party has the right to request, in order to verify and confirm the declarations, statements and documents accompanying the tender, any additional information for the purpose of verifying the data in this Declaration.

I, the undersigned, hereby authorize any institution, company, bank, other legal entity to provide information to the authorized representatives of ........... (name and address of contracting authority) regarding any technical and financial matters in connection with our work.

This Declaration is annexed to the “Firm Undertaking” to provide our technical and professional support to .............................................. ................................... (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

...........................

I, the undersigned, declare that the information provided, relating to previous experience, technical capabilities and employed specialist staff, is complete and correct in every detail, and understand that the contracting party has the right to request, in order to verify and confirm the declarations, statements and d

mployed specialist staff, is complete and correct in every detail, and understand that the contracting party has the right to request, in order to verify and confirm the declarations, statements and documents accompanying the tender, any additional information for the purpose of verifying the data in this Declaration.

I, the undersigned, hereby authorize any institution, company, bank, other legal entity to provide information to the authorized representatives of ........... (name and address of contracting authority) regarding any technical and financial matters in connection with our work.

This Declaration is annexed to the “Firm Undertaking” to provide our technical and professional support to .............................................. ................................... (name of tenderer/candidate).

Date of completion

...........................

Third-party supporting entity

...........................

(authorized signature)

Annex no.24

to Standard Documentation no._____

of "____" ________ 20___

MODEL CONTRACT

Contract no.

for procurement of ________________

I GENERAL PART

(MANDATORY)

Subject-matter of the procurement _____________________________________________________

CPV code: ____________________________________________________________

"___"____________20__                                                     _______________________

to Standard Documentation no._____

of "____" ________ 20___

MODEL CONTRACT

Contract no.

for procurement of ________________

I GENERAL PART

(MANDATORY)

Subject-matter of the procurement _____________________________________________________

CPV code: ____________________________________________________________

"___"____________20__                                                     _______________________

(locality)

___________________________________________,

(full name of company, association, organization)

represented by ____________________________,

(position, name, surname)

acting under ______________________,

(Articles of Association, regulation, decision, etc.)

hereinafter referred to as Supplier/Provider

________________________________________,

(indicate number and date of registration in the State Register)

(full name of company, association, organization)

represented by _____________________________,

(position, name, surname)

acting under ________________________,

(Articles of Association, regulation, decision, etc.)

hereinafter referred to as Buyer/Beneficiary

_________________________________________,

cting under ________________________,

(Articles of Association, regulation, decision, etc.)

hereinafter referred to as Buyer/Beneficiary

_________________________________________,

((indicate number and date of registration in the State Register)

on the other hand,

both (hereinafter referred to as Parties), have concluded this Contract in respect of the following:

a. Procurement of ________________________________________________________________,

(name of good/service)

hereinafter referred to as Goods/Services, according to the public procurement procedure of (type) __________ no._______ of_________________,

based on the decision of the Buyer/Beneficiary’s working group dated "___" _____________20__.

b. The following documents shall be considered as component parts of the Contract:

a) Technical specification;

b) Price specification;

c) other component documents as required, e. g. drawings, charts, forms, provisional and final acceptance report, etc.

c. In the event of discrepancies or inconsistencies between the component documents of the Contract, the documents shall be given the order of priority listed above.

d. As consideration for the payments to be made by the Buyer/Beneficiary, the Supplier/Provider hereby undertakes to deliver/provide to the Buyer/Beneficiary the Goods/Services and to remedy their defects in accordance with the provisions of the Contract in all respects.

e. The Buyer/Beneficiary hereby undertakes to pay to the Supplier/Provider, as consideration for the delivery/provision of the Goods/Services, the Contract price within the time and in the manner set out in the Contract.

1. Object of the Contract

1.1. The Supplier/Provider undertakes to deliver/provide the Goods/Services according to the Specification, which is an integral part of this Contract.

1.2. The Buyer/Beneficiary undertakes, in turn, to pay for and accept the Goods/Services delivered/provided by the Supplier/Provider.

1.3. The quality of the Goods shall be attested by the quality certificates listed in the Specification.

1.4 The Services provided under the Contract shall meet the standards listed in the Specification.

1.5 The warranty periods [validity, where applicable] of the Goods/Services are indicated in Annex no.22, Technical Specifications.

2. Terms and conditions of delivery/performance

2.1. The delivery/provision of the Goods/Services shall be made by the Supplier/Provider within the time limits specified in the delivery/performance schedule.

2.2. The documentation accompanying the Goods/Services shall include:

The above requirements should be provided by the contracting authority and adjusted according to current requirements.

2.3. The originals of the documents referred to in point 2.2 shall be presented to the Buyer/Beneficiary at the latest upon delivery of the Goods to the final destination/provision of the Services. The delivery/provision of the Goo

ents referred to in point 2.2 shall be presented to the Buyer/Beneficiary at the latest upon delivery of the Goods to the final destination/provision of the Services. The delivery/provision of the Goods/Services shall be deemed completed when the above documents are presented.

3. Price and payment terms

3.1. The price of the Goods/Services delivered/provided under this Contract is set in Moldovan lei and is indicated in the Specification of this Contract.

3.2. The total amount of this Contract, including VAT, is set in Moldovan lei and constitutes:

________________________________________ MDL.

(sum in figures and words)

3.3. Payment for the Goods/Services delivered/provided shall be made in Moldovan lei.

3.4. The method and terms of payment by the Buyer/Beneficiary shall be:

The above requirements should be reviewed by the contracting authority and adjusted according to current requirements.

3.5. Payments shall be made by bank transfer to the Supplier/Provider’s settlement account specified in this Contract.

4. Delivery and acceptance terms

4.1. The Goods/Services shall be deemed to have been delivered by the Supplier/Provider and received by the Buyer/Beneficiary if:

a) the quantity of the Goods/Services corresponds to the information indicated in the List of Goods/Services, delivery/performance schedule and accompanying documents in accordance with point 2.2 of this Contract;

b) the quality of the Goods/Services corresponds to the information indicated in the Specification;

c) the packaging and integrity of Goods corresponds to the information indicated in the Specification.

4.2. The Supplier/Provider is obliged to provide the Buyer/Beneficiary with the original tax invoice, upon delivery/provision of the Goods/Services, for payment. In the event of Supplier/Provider’s failure to comply with this clause, the Buyer/Beneficiary reserves the right to extend the payment term specified in point 3.4 by the number of days of delay and to be exempted from paying the penalty set out in point 10.3.

5. Standards

5.1. The Goods/Services delivered/provided under the Contract shall comply with the standards presented by the supplier in its technical proposal.

5.2. Where no applicable standard or regulation is mentioned, the standards or other regulations authorized in the country of origin of the Goods/Services shall be observed.

6. Obligations of the Parties

6.1. Under this Contract, the Supplier/Provider undertakes:

a) to deliver/provide the Goods/Services under the terms of this Contract;

b) to notify the Buyer/Beneficiary after signing of this Contract, within _____ calendar days, by telephone/fax or electronic means, of the availability of delivery/provision of the Goods/Services;

c) to ensure appropriate conditions for the receipt of the Goods/Services by the Buyer/Beneficiary, within the time limits set, in accordance with the requirements of this Contract;

d) to ensure the integrity and quality of the Goods/Ser

or the receipt of the Goods/Services by the Buyer/Beneficiary, within the time limits set, in accordance with the requirements of this Contract;

d) to ensure the integrity and quality of the Goods/Services throughout the period until their receipt by the Buyer/Beneficiary.

6.2. Under this Contract, the Buyer/Beneficiary undertakes:

a) to take all necessary measures to ensure the timely receipt of the Goods/Services delivered/provided in accordance with the requirements of this Contract;

b) to ensure the payment of the Goods/Services delivered/provided, in accordance with the terms and time limits indicated in this Contract.

7. Circumstances justifying non-performance of the Contract

7.1. The Parties shall be exempted from liability for the partial or total non-performance of the obligations under this Contract, if this is caused by the occurrence of circumstances justifying non-performance of the Contract (wars, natural calamities: fires, floods, earthquakes, as well as other circumstances beyond the control of the Parties).

7.2. The Party invoking the clause of circumstances justifying non-performance of the Contract is obliged to immediately inform (but no later than 10 days) the other Party of the occurrence of circumstances justifying non-performance of the Contract.

7.3. The occurrence of circumstances justifying non-performance of the Contract, the time when such circumstances set in and their duration should be confirmed by a certificate duly issued by the competent body in the country of the Party invoking such circumstances.

7.4 In the event of circumstances justifying non-performance of the Contract, the Contract shall be amended by an additional agreement, including amendment of the terms of performance, in case of a subsequent performance of the Contract. When enforcing p.7.1 and 7.3, the Parties shall amend the Contract by an additional agreement, with respect to the partial or total non-performance of the Contract, including amendment of terms in case of suspension and subsequent performance of the Contract.

8. Termination

8.1. The Contract may be terminated by mutual agreement of the Parties.

8.2. The Contract may be unilaterally terminated by:

a) the Buyer/Beneficiary, in the event of the Supplier/Provider's refusal to deliver/provide the Goods/Services under this Contract;

b) the Buyer/Beneficiary, in case of Supplier/Provider’s non-compliance with the delivery/performance time limits set;

c) the Supplier/Provider, in the event the Buyer/Beneficiary’s failure to meet the payment terms of the Goods/Services;

d) the Supplier/Provider or Buyer/Beneficiary, in the event of failure by either Party to satisfy the claims submitted under this Contract.

8.3 The Buyer/Beneficiary has the right to unilaterally terminate the Contract during its period of validity in one of the following situations:

a) the contractor was, at the time of award, in one of the situations that would have led to its exclusion from the award procedure accord

ng its period of validity in one of the following situations:

a) the contractor was, at the time of award, in one of the situations that would have led to its exclusion from the award procedure according to art.19 of Law no.131/2015 on public procurement;

b) the Contract has been subject to a substantial amendment requiring a new public procurement procedure according to art.76 of Law no.131/2015 on public procurement;

c) the Contract should not have been awarded to the contractor, in view of a serious breach of the obligations arising from Law no.131/2015 on public procurement and/or international treaties to which the Republic of Moldova is a party, which has been established by a decision of a national or, where appropriate, international court.

8.4. The Party initiating the termination of the Contract is obliged to notify the other Party, within ____ working days, of its intentions, by a reasoned letter.

8.5. The notified Party is obliged to respond within ____ working days of receipt of the notification. If the dispute is not settled within the time limits set, the initiating Party shall initiate the termination.

9. Complaints

9.1. Complaints regarding the quantity of Goods/Services delivered/provided shall be submitted to the Supplier/Provider at the time of their receipt, being confirmed by a document drawn up jointly with the Supplier/Provider's representative.

9.2. Claims regarding the quality of the Goods/Services delivered/provided shall be submitted to the Supplier/Provider within ____ working days of the detection of quality deficiencies and should be confirmed by a certificate issued by an independent neutral organization authorized for this purpose.

9.3. The Supplier/Provider is obliged to examine the submitted claims within ____ days from the date of their receipt and to inform the Buyer/Beneficiary of the decision taken.

9.4. In case of acknowledgement of claims, the Supplier/Provider is obliged, within ___ days, to deliver/provide to the Buyer/Beneficiary, in addition, the undelivered/unprovided amount of Goods/Services, and in case of finding of inadequate quality - to substitute or correct them in accordance with the requirements of the Contract.

9.5. The Supplier/Provider shall be liable for the quality of the Goods/Services within the established limits, including for hidden defects.

9.6. In case of deviation from the quality confirmed by the quality certificate issued by the independent neutral or authorized organization for this purpose, the costs for stoppage or delay shall be borne by the guilty Party.

10. Sanctions

10.1. The form of contract performance guarantee agreed by the Buyer/Beneficiary is __________________________________, in the amount of __% of the contract value.

10.2. For the refusal to sell/provide the Goods/Services provided for in this Contract, the contract performance guarantee shall be retained if it has been established in accordance with the provisions in point 10.1., otherwise the Supplier/P

Goods/Services provided for in this Contract, the contract performance guarantee shall be retained if it has been established in accordance with the provisions in point 10.1., otherwise the Supplier/Provider shall bear a penalty of __% [indicate percentage] of the total amount of the Contract.

10.3. For late delivery/provision of the Goods/Services, the Supplier/Provider shall be liable to pay a compensation of ____ % of the amount of the undelivered/unprovided Goods/Services for each day of delay but no more than ___% [indicate percentage] of the total amount of this Contract. If the delay exceeds ________ days, the Supplier/Provider shall provide the Buyer/Beneficiary with a written explanation. If the Buyer/Beneficiary agrees, the Supplier/Provider shall extend the period of validity of the performance guarantee, otherwise it shall be deemed to be a refusal to deliver/provide the Goods/Services provided for in this Contract, and the Supplier/Provider’s contract performance guarantee shall be retained, if it has been established in accordance with the provisions in p.10.1.

10.4. For late payment, the Buyer/Beneficiary shall be liable to pay a compensation of ___% [indicate percentage] of the amount of unpaid Goods/Services for each day of delay but no more than ___% [indicate percentage] of the total amount of this Contract.

10.5. The first working day following the date set as deadline for delivery/performance, as well as for payment, shall be considered a working day of delay.

10.6. The amount of the penalty calculated to be paid by the Supplier/Provider under this Contract may be deducted (retained) by the Buyer/Beneficiary from the amount of payment for the Goods/Services delivered/provided.

11. Intellectual property rights

11.1. The Supplier/Provider is obliged to indemnify the Purchaser against any:

a) claims and legal actions arising from infringement of intellectual property rights (patents, names, trademarks, etc.) relating to the equipment, materials, installations and machinery used for or in connection with the products purchased; and

b) related damages, costs, fees and expenses of any kind, unless such breach results from compliance with the Tender Specifications drawn up by the Purchaser.

12. Final provisions

12.1. Any disputes that may arise from this Contract shall be settled by the Parties amicably. Otherwise, they shall be referred to the competent court for examination according to the laws of the Republic of Moldova.

12.2. The Contracting Parties shall have the right, during the performance of the Contract, to agree on the amendment of the Contract clauses, by an additional agreement, only in the event of the occurrence of circumstances which are detrimental to their legitimate commercial interests and which could not have been foreseen at the time of conclusion of the Contract. Amendments and additions to this Contract shall be valid only if they have been made in writing and signed by both Parties.

12.3. Neither Part

been foreseen at the time of conclusion of the Contract. Amendments and additions to this Contract shall be valid only if they have been made in writing and signed by both Parties.

12.3. Neither Party shall be entitled to transfer its obligations and rights under this Contract to third parties without the written consent of the other Party.

12.4. If signed electronically by both Parties, the Contract shall be automatically delivered by electronic means, but if signed by a handwritten signature, the Contract shall be drawn up in two copies in Romanian, one copy for the Supplier/Provider and one copy for the Buyer/Beneficiary.

12.5. This Contract shall be deemed to have been concluded on the date of signature and shall enter into force on the date of registration with one of the regional treasuries of the Ministry of Finance, if the financial sources are allocated from the state budget/local budget, or on the date of signature or on another later date indicated in this Contract if the management of the financial sources is not carried out through the treasury system.

12.6. This Contract is valid until _______.

12.7. This Contract represents the agreement of the Parties and shall be deemed to have been signed on the date of the last signature by one of the Parties.

12.8. To confirm the above, the Parties have signed this Contract in accordance with the laws of the Republic of Moldova.

II. SPECIAL CONDITIONS OF THE CONTRACT

(WHERE APPLICABLE)

a. Procurement of ________________________________________________________________,

(name of good/service)

hereinafter referred to as Goods/Services, according to the public procurement procedure of (type) __________ no._______ of_________________,

based on the decision of the Buyer/Beneficiary’s working group dated "___" _____________20__.

b. The following documents shall be considered as component parts of the Contract:

a) Technical specification;

b) Price specification;

c) other component documents as required, e. g. drawings, charts, forms, provisional and final acceptance report, etc.

c. In the event of discrepancies or inconsistencies between the component documents of the Contract, the documents shall be given the order of priority listed above.

d. As consideration for the payments to be made by the Buyer/Beneficiary, the Supplier/Provider hereby undertakes to deliver/provide to the Buyer/Beneficiary the Goods/Services and to remedy their defects in accordance with the provisions of the Contract in all respects.

e. The Buyer/Beneficiary hereby undertakes to pay to the Supplier/Provider, as consideration for the delivery/provision of the Goods/Services, the Contract price within the time and in the manner set out in the Contract.

1. Object of the Contract

1.1. The Supplier/Pr

vider, as consideration for the delivery/provision of the Goods/Services, the Contract price within the time and in the manner set out in the Contract.

1. Object of the Contract

1.1. The Supplier/Provider undertakes to deliver/provide the Goods/Services according to the Specification, which is an integral part of this Contract.

1.2. The Buyer/Beneficiary undertakes, in turn, to pay for and accept the Goods/Services delivered/provided by the Supplier/Provider.

1.3. The quality of the Goods shall be attested by the quality certificates listed in the Specification.

1.4 The Services provided under the Contract shall meet the standards listed in the Specification.

1.5 The warranty periods [validity, where applicable] of the Goods/Services are indicated in Annex no.22, Technical Specifications.

2. Terms and conditions of delivery/performance

2.1. The delivery/provision of the Goods/Services shall be made by the Supplier/Provider within the time limits specified in the delivery/performance schedule.

2.2. The documentation accompanying the Goods/Services shall include:

The above requirements should be provided by the contracting authority and adjusted according to current requirements.

2.3. The originals of the documents referred to in point 2.2 shall be presented to the Buyer/Beneficiary at the latest upon delivery of the Goods to the final destination/provision of the Services. The delivery/provision of the Goods/Services shall be deemed completed when the above documents are presented.

3. Price and payment terms

3.1. The price of the Goods/Services delivered/provided under this Contract is set in Moldovan lei and is indicated in the Specification of this Contract.

3.2. The total amount of this Contract, including VAT, is set in Moldovan lei and constitutes:

________________________________________ MDL.

(sum in figures and words)

3.3. Payment for the Goods/Services delivered/provided shall be made in Moldovan lei.

3.4. The method and terms of payment by the Buyer/Beneficiary shall be:

The above requirements should be reviewed by the contracting authority and adjusted according to current requirements.

3.5. Payments shall be made by bank transfer to the Supplier/Provider’s settlement account specified in this Contract.

4. Delivery and acceptance terms

4.1. The Goods/Services shall be deemed to have been delivered by the Supplier/Provider and received by the Buyer/Beneficiary if:

a) the quantity of the Goods/Services corresponds to the information indicated in the List of Goods/Services, delivery/performance schedule and accompanying documents in accordance with point 2.2 of this Contract;

b) the quality of the Goods/Services corresponds to the information indicated in the Specification;

c) the packaging and integrity of Goods corresponds to the information indicated in the Specification.

4.2. The Supplier/Provider is obliged to provide the Buyer/Beneficiary with the original tax invoice, upon delivery/provision o

of Goods corresponds to the information indicated in the Specification.

4.2. The Supplier/Provider is obliged to provide the Buyer/Beneficiary with the original tax invoice, upon delivery/provision of the Goods/Services, for payment. In the event of Supplier/Provider’s failure to comply with this clause, the Buyer/Beneficiary reserves the right to extend the payment term specified in point 3.4 by the number of days of delay and to be exempted from paying the penalty set out in point 10.3.

5. Standards

5.1. The Goods/Services delivered/provided under the Contract shall comply with the standards presented by the supplier in its technical proposal.

5.2. Where no applicable standard or regulation is mentioned, the standards or other regulations authorized in the country of origin of the Goods/Services shall be observed.

6. Obligations of the Parties

6.1. Under this Contract, the Supplier/Provider undertakes:

a) to deliver/provide the Goods/Services under the terms of this Contract;

b) to notify the Buyer/Beneficiary after signing of this Contract, within _____ calendar days, by telephone/fax or electronic means, of the availability of delivery/provision of the Goods/Services;

c) to ensure appropriate conditions for the receipt of the Goods/Services by the Buyer/Beneficiary, within the time limits set, in accordance with the requirements of this Contract;

d) to ensure the integrity and quality of the Goods/Services throughout the period until their receipt by the Buyer/Beneficiary.

6.2. Under this Contract, the Buyer/Beneficiary undertakes:

a) to take all necessary measures to ensure the timely receipt of the Goods/Services delivered/provided in accordance with the requirements of this Contract;

b) to ensure the payment of the Goods/Services delivered/provided, in accordance with the terms and time limits indicated in this Contract.

7. Circumstances justifying non-performance of the Contract

7.1. The Parties shall be exempted from liability for the partial or total non-performance of the obligations under this Contract, if this is caused by the occurrence of circumstances justifying non-performance of the Contract (wars, natural calamities: fires, floods, earthquakes, as well as other circumstances beyond the control of the Parties).

7.2. The Party invoking the clause of circumstances justifying non-performance of the Contract is obliged to immediately inform (but no later than 10 days) the other Party of the occurrence of circumstances justifying non-performance of the Contract.

7.3. The occurrence of circumstances justifying non-performance of the Contract, the time when such circumstances set in and their duration should be confirmed by a certificate duly issued by the competent body in the country of the Party invoking such circumstances.

7.4 In the event of circumstances justifying non-performance of the Contract, the Contract shall be amended by an additional agreement, including amendment of the terms of performance, in case of a subs

4 In the event of circumstances justifying non-performance of the Contract, the Contract shall be amended by an additional agreement, including amendment of the terms of performance, in case of a subsequent performance of the Contract. When enforcing p.7.1 and 7.3, the Parties shall amend the Contract by an additional agreement, with respect to the partial or total non-performance of the Contract, including amendment of terms in case of suspension and subsequent performance of the Contract.

8. Termination

8.1. The Contract may be terminated by mutual agreement of the Parties.

8.2. The Contract may be unilaterally terminated by:

a) the Buyer/Beneficiary, in the event of the Supplier/Provider's refusal to deliver/provide the Goods/Services under this Contract;

b) the Buyer/Beneficiary, in case of Supplier/Provider’s non-compliance with the delivery/performance time limits set;

c) the Supplier/Provider, in the event the Buyer/Beneficiary’s failure to meet the payment terms of the Goods/Services;

d) the Supplier/Provider or Buyer/Beneficiary, in the event of failure by either Party to satisfy the claims submitted under this Contract.

8.3 The Buyer/Beneficiary has the right to unilaterally terminate the Contract during its period of validity in one of the following situations:

a) the contractor was, at the time of award, in one of the situations that would have led to its exclusion from the award procedure according to art.19 of Law no.131/2015 on public procurement;

b) the Contract has been subject to a substantial amendment requiring a new public procurement procedure according to art.76 of Law no.131/2015 on public procurement;

c) the Contract should not have been awarded to the contractor, in view of a serious breach of the obligations arising from Law no.131/2015 on public procurement and/or international treaties to which the Republic of Moldova is a party, which has been established by a decision of a national or, where appropriate, international court.

8.4. The Party initiating the termination of the Contract is obliged to notify the other Party, within ____ working days, of its intentions, by a reasoned letter.

8.5. The notified Party is obliged to respond within ____ working days of receipt of the notification. If the dispute is not settled within the time limits set, the initiating Party shall initiate the termination.

9. Complaints

9.1. Complaints regarding the quantity of Goods/Services delivered/provided shall be submitted to the Supplier/Provider at the time of their receipt, being confirmed by a document drawn up jointly with the Supplier/Provider's representative.

9.2. Claims regarding the quality of the Goods/Services delivered/provided shall be submitted to the Supplier/Provider within ____ working days of the detection of quality deficiencies and should be confirmed by a certificate issued by an independent neutral organization authorized for this purpose.

9.3. The Supplier/Provider is obliged to examine the submitted claims

y deficiencies and should be confirmed by a certificate issued by an independent neutral organization authorized for this purpose.

9.3. The Supplier/Provider is obliged to examine the submitted claims within ____ days from the date of their receipt and to inform the Buyer/Beneficiary of the decision taken.

9.4. In case of acknowledgement of claims, the Supplier/Provider is obliged, within ___ days, to deliver/provide to the Buyer/Beneficiary, in addition, the undelivered/unprovided amount of Goods/Services, and in case of finding of inadequate quality - to substitute or correct them in accordance with the requirements of the Contract.

9.5. The Supplier/Provider shall be liable for the quality of the Goods/Services within the established limits, including for hidden defects.

9.6. In case of deviation from the quality confirmed by the quality certificate issued by the independent neutral or authorized organization for this purpose, the costs for stoppage or delay shall be borne by the guilty Party.

10. Sanctions

10.1. The form of contract performance guarantee agreed by the Buyer/Beneficiary is __________________________________, in the amount of __% of the contract value.

10.2. For the refusal to sell/provide the Goods/Services provided for in this Contract, the contract performance guarantee shall be retained if it has been established in accordance with the provisions in point 10.1., otherwise the Supplier/Provider shall bear a penalty of __% [indicate percentage] of the total amount of the Contract.

10.3. For late delivery/provision of the Goods/Services, the Supplier/Provider shall be liable to pay a compensation of ____ % of the amount of the undelivered/unprovided Goods/Services for each day of delay but no more than ___% [indicate percentage] of the total amount of this Contract. If the delay exceeds ________ days, the Supplier/Provider shall provide the Buyer/Beneficiary with a written explanation. If the Buyer/Beneficiary agrees, the Supplier/Provider shall extend the period of validity of the performance guarantee, otherwise it shall be deemed to be a refusal to deliver/provide the Goods/Services provided for in this Contract, and the Supplier/Provider’s contract performance guarantee shall be retained, if it has been established in accordance with the provisions in p.10.1.

10.4. For late payment, the Buyer/Beneficiary shall be liable to pay a compensation of ___% [indicate percentage] of the amount of unpaid Goods/Services for each day of delay but no more than ___% [indicate percentage] of the total amount of this Contract.

10.5. The first working day following the date set as deadline for delivery/performance, as well as for payment, shall be considered a working day of delay.

10.6. The amount of the penalty calculated to be paid by the Supplier/Provider under this Contract may be deducted (retained) by the Buyer/Beneficiary from the amount of payment for the Goods/Services delivered/provided.

11. Intellectual property rights

11.

Supplier/Provider under this Contract may be deducted (retained) by the Buyer/Beneficiary from the amount of payment for the Goods/Services delivered/provided.

11. Intellectual property rights

11.1. The Supplier/Provider is obliged to indemnify the Purchaser against any:

a) claims and legal actions arising from infringement of intellectual property rights (patents, names, trademarks, etc.) relating to the equipment, materials, installations and machinery used for or in connection with the products purchased; and

b) related damages, costs, fees and expenses of any kind, unless such breach results from compliance with the Tender Specifications drawn up by the Purchaser.

12. Final provisions

12.1. Any disputes that may arise from this Contract shall be settled by the Parties amicably. Otherwise, they shall be referred to the competent court for examination according to the laws of the Republic of Moldova.

12.2. The Contracting Parties shall have the right, during the performance of the Contract, to agree on the amendment of the Contract clauses, by an additional agreement, only in the event of the occurrence of circumstances which are detrimental to their legitimate commercial interests and which could not have been foreseen at the time of conclusion of the Contract. Amendments and additions to this Contract shall be valid only if they have been made in writing and signed by both Parties.

12.3. Neither Party shall be entitled to transfer its obligations and rights under this Contract to third parties without the written consent of the other Party.

12.4. If signed electronically by both Parties, the Contract shall be automatically delivered by electronic means, but if signed by a handwritten signature, the Contract shall be drawn up in two copies in Romanian, one copy for the Supplier/Provider and one copy for the Buyer/Beneficiary.

12.5. This Contract shall be deemed to have been concluded on the date of signature and shall enter into force on the date of registration with one of the regional treasuries of the Ministry of Finance, if the financial sources are allocated from the state budget/local budget, or on the date of signature or on another later date indicated in this Contract if the management of the financial sources is not carried out through the treasury system.

12.6. This Contract is valid until _______.

12.7. This Contract represents the agreement of the Parties and shall be deemed to have been signed on the date of the last signature by one of the Parties.

12.8. To confirm the above, the Parties have signed this Contract in accordance with the laws of the Republic of Moldova.

II. SPECIAL CONDITIONS OF THE CONTRACT

(WHERE APPLICABLE)

LEGAL, POSTAL AND PAYMENT DETAILS OF THE PARTIES

r/Beneficiary