EMERGENCY ORDINANCE No 144 of 24 August 2020 on certain measures for the allocation of non-reimbursable external funds necessary for the prevention of educational activities for the school/university year 2020/2021 in the context of the SARS-CoV-2 coronavirus infection risk envisages ‘ensuring pupils’ access to the online learning process’ and ‘In this regard, the measure envisages equipping pupils with mobile equipment in the field of information technology such as school tablets so that the training hours during the teaching activities can be carried out online, in order to avoid direct contact of pupils with teachers and other pupils, as well as to prevent the risk of infection with the SARS-CoV-2 coronavirus, which would jeopardize the development in normal conditions of all the teaching activities necessary for the learning process.’ For this purpose, an ‘Economic Priority and Priority Operational Programme 2014-2020’ was submitted under the Priority Programme ‘Competitiveness’. Strengthening ICT applications for e-government, e-learning, Action 2.3.3 Improving digital content and systemic ICT infrastructure in the field of e-education, e-inclusion, e-health and e-culture, COP) project entitled “Acquisition of IT equipment to increase the use of the Internet in education”, COD SMIS: 146117. SUSPENSIONAL CLAUSE: “The public procurement contract award procedure is initiated under this standstill clause, in the sense that the conclusion of the public procurement contract is conditional on obtaining non-reimbursable financing through the financing programme Competitiveness Operational Programme 2014-2020, Priority Axis 2 - “Information and Communication Technology (ICT) for a competitive digital economy”, Investment Priority - 2.3. Strengthening ICT applications for eGovernment, eLearning, Action 2.3.3 Improving digital content and systemic ICT infrastructure in education, eInclusion, eHealth and eCulture, COP). The public procurement contract may be signed only if the provisions relating to the commitment of expenditure from budgets falling within the scope of public finance legislation are complied with. Having regard to the provisions of Law 98/2016 on public procurement and Government Decision No 395/2016, as amended, the Contracting Authority 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 signing the financing contract. If, for whatever reasons, the financing will not be obtained, for a period of 6 months from the date of approval of the report of the procedure, the award procedure will be automatically cancelled, provided that there is no other source of financing, in accordance with the provisions of Article 212(1)(c), sentence 2 of Law 98/2016, as subsequently amended and supplemented, making it impossible to conclude the public procurement contract. Tenderers in this procedure understand that the Contracting Authority 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 Authority 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 standstill clause operates is 6 months, so that if the condition of signing the financing contract is not met, the award procedure is cancelled.’ Clarification requests are submitted 9 days before the deadline for submission of tenders. The contracting authority will respond to requests for clarifications/participation, before the deadline for submission of tenders by 5 days.
Text automatically translated in your browsing language
Automatically translated
