FRAMEWORK SUPPLY AGREEMENT COMPATIBLE WITH SANGVINE GAS ANALYSIS, 36 months. Compulsory additional requirement: For the duration of the framework agreement, the winning supplier undertakes to provide two items of equipment for the use of reagents free of charge at no additional cost to the beneficiary. All expenses related to the provision, installation, training, maintenance and possible repair of the equipment will be borne by the supplier throughout the duration of the framework agreement. According to the legal provisions, the request for equipment is allowed, taking into account the interpretation given in the Libraries by ANAP, as follows: Case 897 A contracting authority intends to launch an award procedure, divided into lots, for the purchase of reagents. For some of the batches, it was requested that, in order to meet all the requirements, the analyser to perform the analyses should also be provided with the reagents delivered. Would such a requirement infringe Article 155(6) of Law No 98/2016? Date of publication: 11 May 2020, 10:10:46 Version: 1 Response: In accordance with the principles laid down in Article 2(2) of Law No 98/2016 and in accordance with Article 155(6) of the same legislative act, the manner in which the specifications are drawn up must ‘allow all economic operators equal access to the award procedure and must not have the effect of introducing unjustified obstacles to ensuring effective competition between economic operators’. According to Article 20(10) of the Annex to Government Decision No 395/2016, ‘the specifications must contain technical specifications representing requirements, prescriptions and technical characteristics which allow each product, service or work to be described objectively in such a way as to meet the contracting authority’s need’. At the same time, Article 3(1)(rr) of Law No 98/2016 defines the concept of technical specifications as ‘requirements, prescriptions, technical characteristics which allow each product, service or work to be described, objectively, in a manner appropriate to the fulfilment of the contracting authority’s need’. Therefore, in the light of the foregoing and of the requirement at issue in the present case, I consider that it may constitute a technical requirement which may be included in the tender specifications, following a justification to that effect by the contracting authority. Substantiation of the need – medical equipment made available free of charge: Analyzers enable real-time medical analysis results, which is crucial for the rapid diagnosis and treatment of critically ill patients. They allow continuous monitoring of patients' medical parameters, which is essential for managing critical conditions and adjusting treatments in real time. The free use of analyzers by the provider significantly reduces costs for the hospital, allowing the use of limited resources more efficiently. By using the equipment provided free of charge, the hospital can optimise the use of available resources and remove other costs associated with the purchase and maintenance of the equipment. The use of high performance equipment ensures the high quality of patient care, which contributes to summarizing the estimated minimum and maximum quantities of the framework agreement as well as the estimated minimum and maximum quantities of the subsequent contract can be found in the document: "Minimum and maximum quantities framework agreement 2024.xlsx.p7s". The deadline for any operator to request clarifications or additional information on the award procedure is 15 days before the deadline for submission of tenders. The contracting authority will respond to all requests for clarifications / additional information on the 10th day
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