The project ‘Modernisation of railway level crossings’ is one of the measures to improve traffic safety and transport security for all means of transport through specific actions such as upgrading of CF level crossings. Under the contracts, the design and execution of the works for the realization and implementation of the 6 investment objectives will be carried out. The works proposed and necessary to be executed are works to modernize the level crossing with the CF, being described in the SFs elaborated and will be made available to the Entrepreneur/Contractor by the EC. The projected works are described in the specifications and the SFs elaborated, attached to the award documentation. SUSPENSION CLAUSE: The procedure of atrib. is carried out under the suspensive clauses, in the sense that the signing of the contract for the execution of works will be done only after securing the source of funding. The conclusion of the contract with op. ec., which will be declared the winner after the completion of the procedure of subtrib. in order to carry out the Design and execution of the works related to these objectives, is conditioned by obtaining / approving the financing of the works, the signing of the contract being possible only if the provisions regarding the commitment of the expenditures from the budgets falling under the scope of the legislation on public finances are complied with. If, for whatever reason, the procurement/approval of works from state budget funds and/or non-reimbursable external funds is not carried out, after receiving notification from the competent authorities of the non-granting of financing, the contracting entity reserves the right to apply Article 225(1)(c) of Law 99/16: ‘if infringements of the law affect the procedure for the award of the contract or if it is impossible to conclude the contract’. Tenderers participating in the procedure understand that the contracting entity and/or MTI and any other functional structure involved in the implementation of this project and/or the Romanian Government cannot be held liable for any damage, indiffer. of its nature, in the event of cancellation of the procedure / failure to sign the works contract within the proposed term, and accept the use of the special terms stated - the suspension clause -, assuming full responsibility in rap. with any damage they may suffer in the situation described. It is estimated that the period during which the standstill clause applied is up to 6 months from the approval of the procedure report. The EC estimates that it is possible to obtain the necessary funding to sign the contract in the second half of 2024.Considering this, tenderers will consider extending the validity of the tender and the participation guarantee, at the request of the EC, until the conclusion of the contract.Conf. Decision No 4/14.03.2024 of the Board of Directors of CNCF ‘CFR’ SA, once all the activities relating to the signing of the contract have been completed (approval of the procedure report, completion of the appeals, etc.), the Board of Directors will be asked to approve the signing of the contract, in accordance with the legal provisions applicable in vig. Any interested economic operator has the right to request clarifications/additional information in relation to the tender documentation until the 22nd day before the deadline set for the submission of tenders. In accordance with Articles 172(2) and 173(1) of Law No 99/2016, the contracting entity will respond clearly, completely and unambiguously to all requests for additional qualification/information on the 12th day before the closing date for the submission of tenders. In accordance with Article 29(3) of Government Decision No 394/2016, the Commission will reply only to requests for clarifications from economic operators by the deadline set. Any request for clarifications shall be submitted in SEAP and the consolidated reply to the requests for clarifications, provided by the EC, shall be made by interm. SEAP.
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