Design and execution of works under the project ‘Restoration and renaturation of the bifurcation area of the Bala arm to ensure navigation and environmental protection conditions on the Danube’, in accordance with the requirements of the Tender Specifications – Section II of the tender documentation. SUSPENSIONAL CLAUSE: "The procedure for awarding the public procurement contract is initiated under this standstill clause, in the sense that the conclusion of the sectoral procurement contract is conditional on obtaining / approving the funds necessary for this procurement, the signing of the contract being possible only if the provisions regarding the commitment of expenditures from the budgets falling under the public finance legislation are complied with. Having regard to the provisions of Law No 99/2016 on sectoral public procurement and Government Decision No 394/2016, as amended, the Contracting Entity states that it will conclude the contract with the successful tenderer only to the extent that the funds necessary for the procurement will be provided by allocating budget appropriations for this purpose. If, for any reason, the budget appropriations will not be allocated, the contracting entity, after receiving notification of the non-granting of funding, reserves the right to cancel the award procedure, provided that there is no other source of funding, in accordance with the second sentence of Article 225(1)(c) of Law No 99/2016, as amended, making it impossible to conclude the public procurement contract. Tenderers in this procedure understand that the Contracting Entity cannot be held liable for any damage in the event of cancellation of the award procedure, regardless of its nature and regardless of whether the Contracting Entity has been notified of the existence of such damage. Tenderers in this procedure accept the use of the above special conditions/standstill clause, assuming full liability for any damage they may suffer in the situation described. The maximum period for which the suspension clause operates is 7 months from the date of publication of the Participation Announcement in SEAP, so that if the condition of signing the financing contract is not met, the award procedure is cancelled. In this regard, tenderers will submit a declaration on their own responsibility that they agree with these provisions, in their entirety." The deadline for receiving from potential tenderers requests for clarifications to the award documentation: - the first deadline is 32 days before the deadline set for the submission of tenders, - the second deadline is 20 days before the deadline set for the submission of tenders. Deadline for the contracting entity's response to requests for clarifications to the award documentation: - the first deadline is 24 days before the deadline set for the submission of tenders, - the second deadline is 12 days before the deadline set for the submission of tenders. In accordance with Article 29(3) of the Annex to Government Decision No 394/2016, the contracting entity will reply only to requests for clarifications submitted by economic operators within the time limits referred to above. Estimated value of the contract, excluding expenses for Miscellaneous and unforeseen: RON 743 795 414.73 excluding VAT. Amount of Miscellaneous and Unforeseen Expenses: Non-substantial amendments shall be made without organising an award procedure, in compliance with Articles 235 to 241 of Law No 99/2016 on sectoral procurement, as subsequently amended and supplemented, and with the amounts allocated in the project budget for this purpose.
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