Lieferungen - 371306-2021

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Unrevised Machine Translation

21/07/2021    S139

Romania-Bucharest: Specialist vehicles

2021/S 139-371306

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Official name: Compania Națională Romtehnica S.A.
Postal address: Bulevardul Timișoara nr. 5C
Town: Bucureşti
Postal code: 061301
Country: Romania
Contact person: Mihai Cristian Nae
E-mail: sma@romtehnica.com.ro
Telephone: +40 213185004
Fax: +40 213185009

Internet address(es):

Electronic access to information: https://e-licitatie.ro/pub/notices/c-notice/v2/view/100124759

Further information can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
I.3)Main activity
Other: NACE — 4614
I.4)Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Special EOD Intervention Self
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: UM 02020 Constanța, Dana 0, Constanța, Military Port Constanta, County. Constanta, Romania.

NUTS code RO223 Constanţa

II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 48
Justification for a framework agreement, the duration of which exceeds seven years:

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 13 231 634 RON
II.1.5)Short description of the contract or purchase(s):
EOD Special Intervention Motorway.
II.1.6)Common procurement vocabulary (CPV)

34114000 Specialist vehicles

II.1.7)Information about subcontracting
The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract
The contracting authority/entity may oblige the successful tenderer to award all or certain subcontracts through the procedure set out in Title III of Directive 2009/81/EC
The successful tenderer is obliged to subcontract the following share of the contract through the procedure set out in Title III of Directive 2009/81/EC: minimum percentage: 0(%) maximum percentage: 0(%) of the value of the contract.
The successful tenderer is obliged to specify which part or parts of the contract it intends to subcontract beyond the required percentage and to indicate the subcontractors already identified
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:

Estimated value excluding VAT: 13 231 634 RON
II.2.2)Information about options
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Amount of the participation guarantee: 66 158,00 RON. The guarantee will be provided in phase II of the award procedure only by qualified candidates and invited to participate in it. Further details on the participation guarantee are set out in section III.1.6 (a) of the attached Stage II data sheet.
Amount of performance guarantee: 10 % of the VAT-exclusive value of each subsequent contract. The performance guarantee shall be lodged no later than five working days after the signature of the subsequent contract. Further details on the guarantee of good performance are set out in section III.1.6 (b) of the data sheet for stage II, attached.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Association in accordance with Article 8 of Government Emergency Order No 114/2011, as amended.
III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Qualification requirement: Economic operators participating in the award procedure shall prove that they do not fall within the situations referred to in Articles 150, 155 and 156 of Government Emergency Order No 114/2011.
Documents requested:
(1) Declaration on honour concerning failure to comply with the provisions of Article 155 of the GEO. 114/2011: Section ‘Stage I Formula’ — Form No 4, which will also be presented by the third party (economic/financial and technical/professional), if applicable, and in the case of an association by all members of the association;
(2) Declaration on honour concerning failure to comply with Article 156 of Government Emergency Order No 114/2011: Section ‘Stage I Formula’ — Form No 5, which will also be presented by the third party (economic/financial and technical/professional), if applicable, and in the case of an association by all members of the association;
(3) certificates showing that the economic operator has no outstanding debts to the State, including local ones, as well as the State social security contribution, showing that the economic operator has no outstanding debts, as follows:
(a) for Romanian legal persons:
Certificate issued by the Public Finance Administration showing that the economic operator has no debts towards the State budget at the level of the month preceding that in which the deadline for the submission of applications is laid down. In the case of an association, the document will be submitted by all members of the association;
Certificate issued by local public authorities showing that the economic operator has no debts towards the local budget at the level of the month preceding the month in which the deadline for the submission of applications is laid down. In the case of an association, the document will be submitted by all members of the association;
(b) for foreign juridical persons: Non-resident (foreign) economic operators have the right to submit any supporting documents demonstrating that they have fulfilled their obligations to pay taxes, duties and contributions to the state and local budget in accordance with the requirements required by the contracting authority, issued by the competent authorities of the country of origin (such as certificates, tax records or other equivalent documents). The documents shall be accompanied by a certified translation into Romanian or the official language of the country in which the applicant resides, provided that it is accompanied by a certified translation into Romanian by a sworn translator, in accordance with Law No 178 of 1997, as amended. The presentation of any non-translated document authorised in Romanian shall be considered as “missing document”.
If no documents such as those referred to in point 3 (b) are issued in the country of origin or in the country in which the tenderer/candidate is established, the contracting authority shall accept a declaration on honour or if there are no legal provisions in that country concerning the declaration on honour, a certified declaration made before a notary, administrative or judicial authority or professional association competent to do so;
4. general information sheet (section ‘Stage I forms’ — Form No 6);
(5) Declaration on honour concerning failure to comply with Article 150 of Government Emergency Order No 114/2011: Section ‘Stage I forms’ — Form No 7, which will also be submitted by subcontractors, where appropriate, and in the case of an association by all members of the association;
6. declaration of status as a participant in the procedure (section ‘Stage I forms’ — Form 8);
7. certificate of participation in the independent tendering procedure (section ‘Stage I forms’ — Form No 9).

Penalty for failure to comply with the criterion: Economic operators will be excluded from the procedure [...] details on www.e-licitatie.ro

Criteria regarding the personal situation of subcontractors (that may lead to their rejection) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met:
III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: Minimum qualification requirement: Economic operators must provide documents demonstrating that they have achieved an overall turnover over the last three years, calculated by reference to the closing date for submission of applications (2018, 2019 and 2020), with a minimum of RON 6 615 817,00 excluding VAT.
Note: If the value of the annual turnover has been expressed in a currency other than RON, for the purposes of the equivalence of the currency/lei, the average annual exchange rate of the foreign currency/RON communicated by the National Bank of Romania shall be taken into account and the rate used in the documents submitted (Form No 10 — section ‘Stage I forms’).
Minimum level(s) of standards possibly required: Documents requested:
(1) declaration of global turnover for the last three years, containing the table with overall battlewax figures for the last three years — section ‘Stage I forms’ — Form 10);
(2) the annual financial statements (balance sheet and profit and loss account) for the last three financial years completed, i.e. 2018, 2019 and 2020 concerned and registered by the competent bodies or any other supporting legal documents by which the applicant can prove the economic and financial capacity such as: Annual reports, letters of creditworthiness from banks or recurrent companies of financial and accounting audit, etc. — legible copy with the words “certified true and signed and stamped”. If the financial year does not end on 31.12.2020, the last balance sheet concerned and recorded by the competent bodies or any other supporting legal documents enabling the applicant to prove the economic and financial capacity, such as: Annual reports, letters of creditworthiness from banks or recognised financial and accounting auditing companies, and any other supporting legal documents enabling the applicant to prove his economic and financial capacity if no document equivalent to the balance sheet, etc. is issued in the country of origin, in a legible copy bearing the signed and stamped “certified true” statement.
Notes:
1. The applicant’s economic and financial capacity may also be supported by another person, irrespective of the nature of the legal relationship between the applicant and that person;
2. If the applicant demonstrates his economic and financial situation by relying also on the support granted, in accordance with the provisions of paragraph (1), by another person, then he is required to prove the support it receives by submitting a firm undertaking from that person (section ‘Form I’ — Form No 14), concluded in an authentic form (in accordance with Article 161 (2) of Government Emergency Order No 114/2011), confirming that it will make the financial resources invoked available to the tenderer/applicant. The person providing the financial support must not be in a situation leading to exclusion from the award procedure, in accordance with Articles 155 and 156 of Government Emergency Order No 114/2011 (complete forms No 4 and No 5 — section ‘Stage I forms’);
3. When a group of economic operators submits a tender/joint application, the economic and financial situation shall be demonstrated by taking into account the resources of all the members of the consortium. If the group benefits from the financial support of a third person (s), the economic and financial situation shall be demonstrated in accordance with the conditions laid down in paragraph (2). If the supporting economic operators do not submit the documents as requested, their resources will not be taken into account. The sponsor shall be liable for damage caused to the contracting authority as a result of failure to comply with the obligations laid down in the undertaking, the latter having the possibility of bringing a direct action against the sponsor;
4. The firm commitment submitted by the successful tenderer shall form an integral part of the supply contract.
Penalty for failure to comply with the criterion: Applications from economic operators who do not meet the minimum requirements relating to the amount of turnover as required or do not submit documents proving/confirming the fulfilment of the requirement will be rejected.

Criteria regarding the economic and financial standing of subcontractors (that may lead to their rejection)

Information and formalities necessary for evaluating if the requirements are met:
Minimum level(s) of standards possibly required:
III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
Minimum qualification requirement: Economic operators must submit documents showing that, over the last five years, calculated by reference to the closing date for submission of applications, they carried out deliveries of similar products which cumulatively had a value of at least RON 6 615 817,00.
By similar products, the contracting authority means only supplies delivered under contracts having as their object the production/marketing of products falling within CPV code 34114xxx-x.
Note:
Where the currency of the contract has been expressed in a currency other than RON, the currency of the contract/lei shall be calculated at the annual average exchange rate communicated by the National Bank of Romania and the rates used in the documents submitted shall be specified (section ‘Stage I Formula’, Form No 11);
For 2021, the contract/RON currency communicated by the National Bank of Romania shall be used for the year two months before the closing date for the submission of applications;
— The five-year period will be calculated by the economic operators by the closing date for submission of applications (example: If the closing date for submission of applications is 10.7.2021, then economic operators will submit documents proving their technical and professional capacity for the period 10.7.2016-10.7.2021).
Minimum qualification requirement: Economic operators must have a quality management system in place in accordance with ISO-9001: 2015 (or equivalent).
Minimum level(s) of standards possibly required
Soil doc.: Declaration (s) concerning the list of main deliveries of similar products in the last five years — section “Stage I Forms” — Form No 11 showing the delivery of similar products and certificates/documents to confirm deliveries/receipts (acceptance reports of supplies, documents establishing the fulfilment of contractual obligations, recommendations from beneficiaries, any equivalent supporting documents), issued or countersigned by a contracting authority or beneficiary customers, showing unequivocally the date of delivery, the products delivered as per the instructions, as well as the value of their completion), issued or countersigned by a contracting authority or beneficiary customers stating unequivocally the date of delivery, the goods delivered as per delivery, as well as the value of their completion.
One form will be filled in for each contract, respecting the specifications in Section III.1.3.a) and the instructions for filling in the form.
Dr. de conf. shall be presented in a legible copy with the words “certified true”, signed and stamped.
Notes:
1. For example, they must be courtesy by filling in and displaying one or more forms (in accordance with the model shown in the section ‘Stage I forms’ — Form No 11). For the qualification phase, the contracting authority will analyse the correctness of the data entered in these forms, if they can be taken into account (are completed contracts, have been carried out within the required timeframe);
2. For the performance of a contract by another person, regardless of the nature of the legal relationship existing between the applicant and that person, and subject to the other conditions laid down in this documentation;
3. If he removes his or her technician’s cap. and Professor relying also on the support provided by another person, then he is required to prove the support it receives by submitting a firm undertaking from that person (section ‘Form I — Form No 15), concluded in an authentic form, in accordance with Article 165 (2) of Government Emergency Order No 114/2011, by which it confirms that it will make the technical and professional resources relied on available to the candidate/tenderer. In addition to the firm commitment, the tenderer will submit the documents communicated by the third party supporting it, showing how it will actually ensure the fulfilment of its own commitment to support, which will form part of the commitment issued by the third party. The tenderer will also submit Form 11 and the accompanying documents communicated by the third party.
The person providing the support, the technician and the Professor, should not be in a situation leading to exclusion from the award procedure, in accordance with the provisions of Articles 155 and 156 of Government Emergency Order No 114/2011 (complete the forms No 4 and 5 — section ‘Stage I forms’);
4. When a group of economic operators submits a joint application, the technical and professional capacity shall be demonstrated by taking into account the resources of all the members of the group. If the group benefits from the technical and professional support of a third person (s), the technical and professional capacity shall be demonstrated in accordance with the conditions laid down in paragraph (3). If the supporting economic operators do not submit the documents as requested, their resources will not be taken into account. The sponsor shall be liable for damage caused to the contracting authority as a result of failure to comply with the obligations laid down in the undertaking, the latter having the possibility of bringing a direct action against the sponsor;
5. The firm commitment submitted by the successful tenderer shall form an integral part of the public contract.
Penalty for failure to comply with the criterion: Applications from economic operators who do not meet the minimum requirements for similar experience or do not submit documents proving/confirming the fulfilment of the requirements will be rejected.
Documents requested:
Romanian applicants must hold a certificate, valid on the closing date for applications, proving the implementation and maintenance of a quality management system complying with the requirements of ISO-9001: 2015 (or equivalent);
Foreign candidates not established in Romania must hold certifications or accreditations in accordance with ISO-9001: 2015 (or equivalent), valid on the closing date for submission of applications, granted by a national or international body recognised by an EU Member State;
— Applicant will provide a legible copy with the words “certified true”, signed and stamped, of the certificates issued by an independent body attesting to the implementation and maintenance of a quality management system complying with the requirements of ISO-9001: 2015 (or equivalent) and any other document that can prove compliance with the specified standard or if it does not follow the same standard methods, the tenderer must prove that the performance levels set by the tenderer are met;
If the economic operator does not hold a certificate as required, any other evidence or evidence submitted will be accepted to the extent that it can prove that an adequate level of quality is ensured.
Note: In case of submission of a joint application/tender, each venturer is required to demonstrate fulfilment of the requirement, for the part of the contract it carries out. The documents requested must be valid on the closing date for the submission of applications.
Penalty for failure to comply with the criterion: Applications from economic operators who do not provide proof of the implementation and maintenance of the quality system in accordance with the said standards will be rejected.

Criteria regarding the technical and/or professional ability of subcontractors (that may lead to their rejection)

Information and formalities necessary for evaluating if the requirements are met:

Minimum level(s) of standards possibly required

III.2.4)Information about reserved contracts
The contract is restricted to sheltered workshops
The execution of the contract is restricted to the framework of sheltered employment programmes
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 3 and maximum number 99
Objective criteria for choosing the limited number of candidates: All qualified candidates in Phase I of the procedure will be selected to participate in Stage II of the procedure. On the basis of Article 64 of Government Emergency Order No 114/2011 on the award of certain public contracts in the field of defence and security, the contracting authority reserves the right, if the number of candidates meeting the qualification criteria is less than three, to continue the procedure with those candidates meeting the required criteria.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
IV.2)Award criteria
IV.2.1)Award criteria
Lowest price
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
A3/7221/01.07.2021
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
23.8.2021 - 09:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Romanian.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information:
Deadline for submission of applications: 23.8.2021, 9.00.
Opening date for applications: 23.8.2021, 10.00.
Cant. pt. the smallest ctr. below: CPL 1.
Cant. Est. pt. the largest ctr. below: CPL 2.
Place and condition of delivery: DAP according to INCOTERMS 2020, as follows:
— UoM 02020 Constanța, Dana 0, Constanța, Military Port Constanta, County. Constanta, Romania, NUTS code RO223;
— UM 02016 Babadag, Str. Heracleea nr. 53-55, Babadag, Jud. Tulcea, Romania, NUTS code RO225;
— UM 01877 Pantelimon, Belt strap, No 220, jud. Ilfov, Romania.
Phase I — Qualification and selection of candidates will be carried out as follows:
In order to be aware of any requests for clarification by interested economic operators concerning the tender documentation at this stage and the related replies of the contracting authority, the appropriate section of the contract notice published in SICAP will be consulted at all times.
Requests for clarification will be signed by the authorised representatives of the interested economic operators and sent by e-mail (signed and scanned), fax or post taking into account those provided for in Sections I.1) and I.3) of this documentation. The contracting authority’s replies to the requests for clarifications on the tender documentation for phase I will be published in SICAP under the relevant section of the contract notice.
Please note that the contracting authority will only reply to requests for clarifications concerning the technical specification during stage II of the procedure.
Analysis of qualification documents. All successful candidates will participate at this stage. At the end of this phase, economic operators whose applications have been rejected due to non-compliance with the requirements of criteria III 1.1.a) -III 1.3.b) will be notified.
The admissible application is not considered to be unacceptable. Applications deemed unacceptable will be rejected.
The application may be considered unacceptable in the following situations:
Has been submitted after the closing date and time for submission or to an address other than that specified in the contract notice;
It has been submitted by a candidate who does not meet one or more of the qualification requirements set out in the tender documentation or who has not submitted relevant documentation in this respect;
— the candidate has not replied to the selection board’s requests for clarification within the deadline set by the selection board;
The application is submitted in breach of Article 150 of Government Emergency Order No 114/2011, as compared to the date set for the submission of applications.
Phase II.
Deadline for requesting clarifications on Stage II documentation: According to the invitation to participate in Phase II.
Any successful candidate has the right to ask for clarifications on the tender documentation.
Requests for clarifications shall be sent in writing (signed by the authorised representative of the selected candidate), by post or fax or e-mail, to C.N. ROMTEHNICA S.A., with due regard for the handling/transmission of classified information (if applicable).
Closing date for submission of tenders: In accordance with the invitation to participate in Phase II at the headquarters of C.N. ROMTEHNICA SA, Bulevardul Timișoara nr. 5C, municipality of Bucharest, post code 061301, Romania.
Date, time and place of opening of bids: According to the invitation to participate in Phase II at C.N. ROMTEHNICA S.A.
The validity period of tenders: A minimum of 120 days after the deadline for submission of tenders (as per the invitation to participate in Stage II of the procedure), with the possibility of extension at the request of the contracting authority. If the period of validity of the offer is extended, the period of validity of the participation guarantee will be extended accordingly.

The offer is firm and binding, d [...] details on www.e-licitatie.ro

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The time limit (s) for the exercise of review procedures are laid down in Law No 101/2016 on remedies and review procedures relating to the award of public procurement contracts, sectoral contracts and contracts for the concession of works and services, as well as for the organisation and functioning of the National Council for the Resolution of Complaints, as amended. Note: In accordance with Article 19 of Law No 101/2016, the documents submitted by the company
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: Consiliul Național de Soluționare a Contestațiilor
Postal address: Str. Stavropoleos nr. 6, sector 3
Town: București
Postal code: 030084
Country: Romania

VI.5)Date of dispatch of this notice:
16.7.2021