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Romania-Craiova: Drinking-water treatment plant construction work
Contract notice – utilities
Section I: Contracting entity
Section II: Object
DJ-CL-09 — Capture and treatment plant Bechet, Bechet water system supplies, Ostroveni reservoirs, Calarasi, Bechet
Design and performance of works related to the contract “DJ-CL-09 Capture and treatment plant Bechet, Bechet water system, Ostroveni reservoirs, Calarasi, Bechet”, including:
— abstraction of raw water from the Danube;
Pipeline from the abstraction plant to the treatment plant (L = 4 300 m),
— drinking water treatment plant Bechet (surface water source) (Q = 106.04 l/s);
— new tank (400 m3), located in the existing water household GA2;
New drinking water pumping station located at the existing water household GA2;
— SCADA system;
— water transmission pipeline in the port of Bechet, from the distribution network of the municipality (De 110 mm, L = 2 345 m),
Pipelines to water households Ostroveni, Calarasi, Dăbuleni (in total L = 22 245 m);
— treated water storage tank (800 m)3), located in the existing water household;
New treated water pumping station located at the existing water household;
— new tank (500 m3), located in the existing water household;
— SCADA system.
The contract shall include:
(a) drawing up a technical project in accordance with national legislation, including all the necessary documents (memories, drawings, calculations, etc.) and any documentation required to obtain the building authorisation;
(b) drawing up the documents necessary for obtaining the necessary authorisations and opinions;
(c) construction works;
(d) supply and assembly of machinery and technological equipment;
(e) testing and putting into service;
(f) rectification of any defects occurring during the guarantee period.
The design duration of the works (including obtaining the building permit) is four months. The duration of the works and the putting into service of the installations shall be 32 months.
The guarantee period is 36 months.
1. Number of days by which interested economic operators may request clarifications before the deadline for submission of tenders: 24;
2. The contracting entity shall reply clearly and completely to all requests for clarifications/additional information 12 days before the deadline for submission of tenders.
UAT Bechet, Dăbuleni UAT, Călărași UAT, Ostroveni UAT — Dolj County
Design and performance of works related to the contract “DJ-CL-09 Capture and treatment plant Bechet, Bechet water system, Ostroveni reservoirs, Calarasi, Bechet”.
The design duration of the works (including obtaining the Construction Permit) is 4 months. The duration of the works and the putting into service of the facilities shall be 32 months.
The guarantee period shall be 36 months.
The estimated value of the contract does not include the amounts representing ‘miscellaneous and unforeseeable expenditure’.
Large Infrastructure Operational Programme 2014-2020
LIOP 2014-2020, Priority Axis 3. Type of financing: Cohesion Fund under the Operational Large Infrastructure Programme, state budget, local budgets, own contribution
Minimum percentage of works/services to be assigned to third parties (where appropriate) —
Section III: Legal, economic, financial and technical information
Requirement 1: Tenders on their own behalf or in association, supporting third parties and sub-contractors shall not be included in the situations referred to in Articles 177, 178 and 180 of Law No 99/2016, as amended.
To be completed and this DUAE — ‘Exclusion grounds’ — Section A ‘Grounds relating to criminal convictions’, Section B ‘Grounds relating to the payment of taxes or social security contributions’, Section C ‘Grounds relating to insolvency, conflicts of interest or professional misconduct’
Prior to the award of the contract, the tenderer ranked first after application of the award criterion shall submit, at the request of the Contracting Authority, the following supporting documents proving/confirming the non-inclusion in the situations referred to in Articles 177, 178 and 180 of Law No 99/2016, both for the sole tenderer/associated tenderer and for the subcontractor/beneficiary declared in the tender. The supporting documents shall be submitted in original/certified copy/legible copy with the words “conform to the original” and accompanied, where appropriate, by a certified translation into Romanian.
Criminal record of the economic operator
The criminal record of persons who are members of the administrative, management or supervisory body of that economic operator or have powers of representation, decision or control within it, as evidenced by the certificate of findings issued by the ONRC/instrument of incorporation, Note: criminal records shall be present for the act or significant partner, or any person exercising rights attached to an act which, taken together, represents the one put up in 10 % of the share capital or gives the shareholder the one put up in 10 % of the total voting rights and the general meeting.
Romanian legal persons shall submit a certificate of tax certification with the situation of payment obligations to the consolidated general budget, issued by ANAF, and a certificate of tax certification concerning the situation of payment obligations to the local budget, of which it restates the absence of outstanding debts at the time of their submission; Certificates shall be presented for all sites and main and secondary sites for which tax obligations exist,
Foreign legal persons shall submit any supporting documents (tax certificates, tax records, other equivalent documents) issued by the competent authorities of the country of origin proving that they have fulfilled their obligations to pay taxes, duties and contributions to the state and local budget, in accordance with the legislation of the country of residence of the economic operator or the country in which it is established. From the supporting documents submitted, there must be no outstanding debts at the time of their submission,
Certificates, records, documents disclosing the fact that the economic operator may benefit from the derogations provided for in Articles 180 (2) and 184 of Law No 99/2016
Other supporting documents, as appropriate.
1. Details on how to fill in the DUAE can be found in Chapter VI.3) Additional information.
2. Failure to submit DUAE at the same time as the tender (completed also for the partner/subcontractor/sustinator) leads to its rejection as unacceptable.
3. The failure to submit, at the same time with DUAE, the firm commitment of the supporting third party, from which it was apparent how the suppression of that third party, the subcontracting agreement and/or the association agreement, as the case may be, would actually materialise, constitutes a basis for requesting clarifications for any formal inaccuracies in the information contained in the sections of DUAE, both of the tenderer and of the subcontractor/welding third party, which is necessary to ensure proper completion of the award procedure.
3. If no documents of the kind required are issued in the country of origin or in the country in which the tenderer is established, or these documents do not cover all the situations referred to in Articles 177, 178, 180, a declaration on honour shall be accepted, in accordance with Article 181 (3) of Law No nr.99/2016..
4. The contracting entity, in accordance with Article 184 of Law No 99/2016, shall not exclude from the procedure tenderers who are in any of the situations referred to in Articles 177, 178 and 180 which entail exclusion from the award procedure, if they provide evidence showing that the measures taken are sufficient to demonstrate in concrete terms its credibility with regard to the grounds for exclusion.
5. The economic operator shall not be excluded from the award procedure if, prior to the exclusion decision, it fulfils its obligations by paying taxes, duties or contributions to the consolidated general budget due or through other means of extinguishing them or, under the conditions of the law, benefiting from their timing or other facilities with a view to their payment, including, where appropriate, any accrued interest or late payment penalties or fines.
6. The economic operator is not excluded from the award procedure when the amount of taxes, duties and contributions to the consolidated general budget due and outstanding is less than RON 10.000.
7. Where there is uncertainty as to the personal situation of a tenderer, the contracting entity shall have the right to request information directly from the competent authorities which issue documents of the kind required.
Requirement 2: Tenders on their own behalf or in association, supporting third parties and sub-contractors shall not be included in the situations of conflict of interest referred to in Articles 72 and 73 (1) of Law No 99/2016 on sectoral procurement
To be completed — “Exclusion grounds” — Section C “Grounds related to insolvency, conflicts of interest or professional misconduct”. Together with DUAE, the Single Tender/Linked Tender/Subcontractor/Assisting Third Party shall submit Form No 4 — Declaration concerning non-inclusion in Articles 72 and 73 (1) of Law No 99/2016.
The persons holding decision-making functions within the Contracting Entity regarding the organisation, conduct and completion of the award procedure are: Alin Ionuț Șuiu — Director General, Anca Delia Balaceanu — Economic Director, Marinel Iancu — Director for Development and European Funds, Dan Valeriu Rosu — Sef Serv. Works contracts, Creteanu Marius — Sef Bureau Contract Works, Ovidiu Mihalcea — Sef Bureau Contract Works, Gabriel Baragan — Sef Serv. LIOP project, Stefan Niculescu — PIU Sef, Adrian Mitroi — Public Procurement Service.
Requirement 1: The economic operators submitting the tender must prove a form of registration under the conditions of the law of the country of residence, from which it is established that the economic operator (tenderer in its own name or in association, supporting third party, subcontractor) is legally constituted, that it is not in any of the situations of cancellation of the constitution and that it has the professional capacity to carry out the activities covered by the contract.
To be completed: ‘Selection Criteria’ — Section A. Adequacy to meet the requirements
Prior to the award of the contract, the tenderer ranked first after application of the award criterion shall, at the request of the Contracting Authority, submit the following confirmatory documents for the purposes of proof of those made by the DUAE:
(a) Romanian economic operators — Verification certificate issued by the Trade Register Office in addition to the Regional Court, showing at least the information relating to legal representatives, the area/fields of activity authorised in accordance with Article 15 of Law No 359/2004 and the corresponding CAEN codes. In the case of a joint tender, the authorisation of the activities shall be demonstrated for each partner in relation to the involvement in the contract for which the tender is submitted.
(b) Non-resident economic operators (straini) — equivalent documents proving a form of registration/certification or professional membership, in accordance with the legal requirements of the country of residence, showing that the economic operator’s field of activity corresponds to the subject matter of the contract subject to the procedure. The documents shall be presented in legible copies, stating ‘conform to the original’, accompanied by a certified translation into Romanian; Tax Residence Certificate (Double Taxation Avoidance) or a declaration, valid for the current calendar year.
1. The information contained in the certificates must be actual/current at the time of submission, following the request of the contracting authority;
2. The subject matter of the contract must correspond in the CAEN code of the certificate of findings issued by the ONRC (i.e. equivalent document submitted by the non-resident economic operator) for the part of the contract carried out by the economic operator (individual tenderer/partner/subcontractor/supporting tert).
Specify average annual turnover: average overall turnover over the last three financial years (2017, 2018, 2019) of the tenderer must be at least RON 70.000.000 (or equivalent)
Section B. Economic and financial capacity, by each economic operator participating in the award procedure (tenderer/tenderer linked/supported), will be completed and this DUAE will be completed. At the request of the contracting authority, the tenderer ranked first in the intermediate ranking following the evaluation of all the tenders submitted, in accordance with the award criterion, shall submit the following supporting documents for the purposes of proving their claims under DUAE: The balance sheets relating to the financial years concluded for the last 3 years (2016, 2017, 2018) or billiant extracts registered with the competent bodies or other supporting documents (e.g. audit reports) showing the overall average turnover. The supporting documents shall be presented in a certified copy/legible copy stating “conform to the original” and accompanied, where appropriate, by a certified translation into Romanian. Where a group of economic operators submits a joint tender, the fulfilment of the requirement shall be demonstrated by taking into account the resources of all the members of the group. In this case, each partner shall be required to produce the supporting documents. For the conversion into RON, if the financial statements are drawn up in another currency, the average reference rate published by the National Bank of Romania for that year shall be taken into account. If the tenderer detects the economic and financial situation and relies on the support granted by another entity, in accordance with Article 196 of Law No 99/2016, it is obliged to prove the support from which it receives, by submitting a firm commitment from that authority, completed in accordance with Form No 6 and Form No 6A, confirming that it will make the financial resources invoked available to the tenderer, taking into account the provisions of Article 57 of Government Decision No 394/2016. Once the AED is lodged, the economic operators shall submit the undertaking to the supporting third party (together with the documents annexed to the undertaking, sent to them by the third party (s), showing how their support will actually take place) and the association agreement, as the case may be. The person providing financial support shall not be in a situation leading to exclusion from the award procedure in accordance with Articles 177, 178 and 180 of Law No 99/2016.
For works contracts: execution of works of the type specified Requirement 1 — similar experience Tenderer must demonstrate that: (I) in the last 5 years, completed by the deadline for submission of tenders, it has carried out and completed, under a maximum of 3 contracts, water/wastewater infrastructure works similar to those covered by the contract, with a cumulative value of at least RON 20.000.000. “Similar works” mean: construction/rehabilitation/upgrading/extension of water/sewage networks and/or water supplies and/or fluid networks/above-ground/underground building technical network works. (II) within the last 5 years, completed by the closing date for submission of tenders, it has completed at least one water treatment plant with a capacity of at least 80 l/s under a “design and performance” type contract; (III) in the last 3 years, reached by the deadline for submission of tenders, has provided and completed design services for the construction/rehabilitation/upgrading/extension of water/sewerage and/or water supply networks and/or fluid networks/above-ground/underground building technical network works. Note: “led to advice”/“finalised” means: Works accepted on objects, accompanied by acceptance reports drawn up in accordance with the legal and technical provisions in the field to which the contract relates, or — works accepted, accompanied by minutes of acceptance on completion of the works, or — works accepted, accompanied by final acceptance reports.
Number of management staff Declaration on — number of managerial staff over the last 3 years
Average annual staff numbers Declaration on — the average annual number of staff of the economic operator, who carry out work over the last 3 years.
Machinery, plant and technical equipment Declaration concerning the specific facilities which the tenderer undertakes to use for the performance of the contract
The subcontracting proposal The tenderer is entitled to subcontract part/parts of the contract. The tenderer shall specify the part (s) of the contract to be fulfilled by the subcontractors and the identification details of the proposed sub-contractors.
Operators participating in the procedure shall complete, with the information relating to their situation, and this DUAE — ‘Selection criteria’ — Section C. Technical and professional capacity, section ‘For works contracts: execution of works of the specified type”. At the level of the DUAE, the tenderers will specify information such as: the number and date of the contract claimed as similar experience, the subject matter of the contract, the beneficiary of the contract and his contact details, the quality it held in the mentioned contract (sole contractor, leader, partner), the characteristics of the works carried out in order to demonstrate compliance with the minimum requirement, the date and the number of the receipt document, the weighting and the activities for which he was responsible, together with their value without VAT. At the request of the contracting entities, the tenderer ranked first in the intermediate ranking following the evaluation of the submitted tenders, in accordance with the award criterion, shall submit the following supporting documents for the purposes of proving their claims by completing the DUAE: Copies of relevant parts of the contracts/recommendations/final acceptance reports/certificates of good performance/documentary evidence/any type of certificate or good performance document, dated, signed and initialled by the beneficiary (contracting authority or private beneficiary), attesting that similar works have been carried out and carried out at the end of the contract; the documents submitted must show: the beneficiary, the period of performance (including the date of conclusion of the contract) and the place where the works were carried out, the type and quantities of similar works carried out. The supporting documents shall be submitted in original/certified copy/legible copy with the words “conform to the original” and shall be accompanied, where appropriate, by a certified translation into Romanian. In the case of contracts signed in another currency, the conversion into RON shall be made taking into account the reference rate...
Section C. Technical and professional capacity will be completed with the required information. To be completed by each partner, subcontractor and third party
Section C. Technical and professional capacity will be completed with the required information. At the request of the contracting entities, only the tenderer ranked in first place will submit the supporting documents proving that they have complied with the completion of the DUAE. The supporting documents represent any document/certificate from which the tenderer has the machinery/equipment in question. NOTE: In the event of an association, the documents requested above shall be submitted by each member of the association. To be completed by each partner, subcontractor and third party
The tenderer will fill in the corresponding camps in DUAE with regard to subcontractors. The proposed subcontractor/subcontractor must not be in the situation provided for in Articles 72,73, 177, 178 and 180 of Law No 99/2016, subject to the penalty of exclusion from the award procedure. The subcontractor shall complete the DUAE and present the subcontracting agreement (s), with the name of the subcontractor (s), their specialisation and the activities to be performed by the subcontractor (s). The material and human resources of the declared sub-contractors shall be taken into account for their part of their involvement in the contract to be fulfilled, if relevant documents are submitted.
The participation guarantee shall be established in accordance with Article 42 of Government Decision No 394/2016 approving the implementing rules for the provisions relating to the award of the sectoral procurement contract/framework agreement in Law No 99/2016 on sectoral purchases, by bank transfer or guarantee instrument issued by a credit institution in Romania or in another State or by an insurance company, in accordance with the law — Form No 1. If the tenderer opts for the provision of the participation guarantee by bank transfer, the amount of the guarantee must be transferred to the account of SC COMPANIA DE APA OLTENIA SA, No RO58 UGBI 0000 3220 1083 3RON, opened with Garanti Bank Craiova.
Period of validity of the guarantee for participation: 180 days from the time limit for receipt of tenders.
The guarantee instrument must be irrevocable and provide that the payment of the participation guarantee will be executed unconditionally, that is to say, at the first request of the beneficiary, on the basis of his declaration of the fault of the guaranteed person.
Where tenders are submitted in association, the participation guarantee must be constituted in the name of the association and state that it covers jointly and severally all members of the consortium of economic operators.
The participation guarantee issued in another language than Romanian will be accompanied by the authorised Romanian translation.
Proof of the provision of the participation guarantee will be submitted electronically (scanned), in SEAP, section ‘Documents of qualification’, until the closing date and time for the submission of tenders.
For a uniform evaluation and reporting of the amount of the participation guarantee, the equivalent for one participating guarantee submitted in another currency shall be made at the rate of the NBR on the date of publication of the notice of participation.
The amount of the performance guarantee shall be 10 % of the contract price, excluding VAT, and shall be established in accordance with Articles 45 and 46 of Government Decision No 394/201... details on www.e-licitatie.ro
Association in accordance with Article 66 of Law on Sectoral Procurement No 99/2016
Section IV: Procedure
Evaluation committee, experts co-optati
Section VI: Complementary information
01. It is recommended that the tenderers inspect the location of the project and the impressions in order to assess, on their own responsibility, the costs and the risk, the data needed to prepare the tender. The contracting entity shall organise, for all economic operators interested in participating in the procedure, a visit to the sites where the works covered by the contract will be carried out, and the dates of the meetings will be announced in SICAP. Participants in the visit of the sites will provide the means of transport for the visit.
02. The winning tender is the tender ranked first (highest score). If two or more tenders ranked first obtain the same score, the Contracting Entity will nominate the winner to the lowest bidder. If there are two or more tenders presenting the same minimum price, the Contracting Entity will select the winner per tenderer that has submitted the lowest maximum annual guaranteed operational cost. If the scores are still equal, the Contracting Entity will ask those tenderers for a new financial proposal and the contract will be awarded to the tenderer whose new financial proposal has the lowest price and who obtains the highest overall score.
03. The requests for clarification of potential candidates will be addressed exclusively in SEAP to the “Questions” section of the award procedure conducted by electronic means, and their replies will be published in SEAP under the “Documentation and Clarification” section of the tender notice. The contracting entity will not follow up requests for clarification addressed through other means of communication. In order to submit requests for clarification in relation to the award documentation, economic operators must be registered in SEAP as an economic operator; As a participant in the award procedure.
04. For post-submission communications: The evaluation committee will send the requests for clarification in relation to the tender using the technical facilities available in SEAP (Question section), a deadline for reply, subject to the rule of no more than three working days. Economic operators shall send their replies/clarifications and any documents requested during the evaluation of tenders via SICAP (Question section), in their entirety in the section corresponding to that request, in the form of one or more separate documents/files signed with the electronic signature.