Any request for clarification must be sent to SEAP (http://www.e-licitatie.ro/pub). Any interested economic operator has the right to request clarifications/additional information regarding the award documentation at least 22 days before the deadline established for submitting offers. The contracting authority will respond clearly and completely to all requests for clarifications/additional information regarding the award documentation on the 12th day before the deadline for submitting offers. The contracting authority will not respond to requests for clarifications sent after the established deadline.
The Contractor/Supervisor's activity is to supervise, as "Supervisor", the design and execution of works, as well as during the warranty period of the works, in order to monitor the correct use of the available funds and to ensure that the Contractor designs and executes the works in accordance with the contractual obligations, especially regarding the duration, quantity, quality, and cost of the design and works in accordance with the provisions of HG No. 1/2018, for the approval of general and specific conditions for certain categories of procurement contracts related to investment objectives financed from public funds.
The Contractor/Supervisor will ensure that the Technical Project is developed in accordance with the legal regulations in force, respecting all stages from HG No. 907/2016 regarding the stages of development and the framework content of the technical-economic documentation related to the objectives/investment projects financed from public funds, with subsequent amendments.
-SUSPENSIVE CLAUSE:
The awarding procedure is conducted under the incidence of these suspensive clauses.
The conclusion of the sector procurement contract is conditioned by obtaining/approving the financing of the works from state budget funds and/or non-reimbursable European funds, the signing of the contract being possible only if compliance with the provisions regarding the commitment of expenses from budgets that fall under the legislation on public finances is respected. In case, regardless of motives, the obtaining/approval of the financing of the works from state budget funds and/or non-reimbursable European funds does not occur, the Contracting Authority will apply the provisions of art. 225 para. (1) lit. c) second thesis of Law 99/2016 with amendments and completions, making the conclusion of the sector procurement contract impossible. The Contracting Authority estimates that it will obtain the necessary financing for signing the contract in 12 months from the approval of the procedure report.
The conclusion of the consulting and supervision sector procurement contract is conditioned by the conclusion of the design and execution contract for the works related to the investment objective for "Modernization of the Railway Infrastructure in Constanta Port - Stage III" which is the subject of consulting and supervision services.
The issuance of the Start Order for the Contract is conditioned by the existence of the design and execution contract that will be the subject of these consulting and supervision services or under the condition of the existence of the premises for the effective start of the design and execution contract.

LOT-0000
Default lot.
The Contractor/Supervisor's activity is to supervise, as "Supervisor", the design and execution of works, as well as during the warranty period of the works in order to monitor the correct use of the available funds and to ensure that the Contractor designs and executes the works in accordance with the contractual obligations, especially regarding the duration, quantity, quality, and cost of the design and works according to the provisions of HG No. 1/2018, for the approval of general and specific conditions for certain categories of procurement contracts related to investment objectives financed from public funds, Annex 2 design and execution of works.
The Contractor/Supervisor will ensure that the Technical Project is elaborated according to the legal regulations in force, respecting all stages from HG No. 907/2016 regarding the stages of elaboration and the framework content of technical-economic documentation related to the objectives/investment projects financed from public funds, with subsequent amendments.
Within the Consulting and Supervision services for the design and execution of the works for "Modernization of the Railway Infrastructure in Constanta Port - Stage III", the Contractor/Supervisor will carry out coordination, consultancy, and supervision activities.
The necessary activities for the realization and implementation of the supervised investment objective will be carried out in the Agigea Sud Station (including the connecting line between Agigea Ecluză and Agigea Sud), line 813B - the existing connecting line between Agigea Ecluză and Constanta Port Ferry Boat, Constanta Port Ferry Boat, including in the area of interest outside the Port, namely CMT Constanta, within the jurisdiction of S.R.C.F. Constanta, on the territory of Constanta County.
The main objective of the works is to increase the attractiveness/competitiveness of rail transport by improving the quality of services while improving safety in operation, thus enhancing Romania's economic competitiveness by developing transport infrastructure that facilitates integration into the EU economy.
The main objectives of the investment, goals that define both the necessity and the opportunity of the investment, are: improving the infrastructure for increasing the speed of circulation to values between 120km/h and 160km/h along the entire section; realization/ modernization of electrification facilities along the entire length of the section (25 kV); increasing transit capacity; ensuring interoperability by implementing STI, especially regarding axle load (22.5 t), loading gauge (C), length of lines in stations and movement halts, facilities for persons with disabilities; modernization of stations (by stations understanding also movement halts) on this line improving conditions for users of rail transport; replacement of bridges, culverts, repairing the drainage system, improving embankments; construction of maintenance roads along the railway line (where public roads are not available); rehabilitation/modernization of passenger station buildings, including the construction of footbridges and/or pedestrian tunnels, raising the level of platforms, according to the applicable European standards; installation of sound-absorbing panels and/or alternative noise reduction solutions; new electronic centralization installations, in stations, and the introduction of the ERTMS safety system (ETCS level 2 + GSM-R); modernization of telecommunications equipment;
According to the General Estimate of the investment objective developed at the Design Phase, prepared in compliance with the provisions of HG No. 907/2016 regarding the stages of elaboration and the framework content of technical-economic documents related to investment objectives funded from public sources, with subsequent amendments, the estimated value of the Consulting and Supervision services for the design and execution of works for: "Modernization of the Railway Infrastructure in Constanta Port - Stage III" is 6,517,128.82 lei without VAT, of which:
-The estimated value of the contract for Consulting and Supervision is 5,873,304.38 lei (without VAT);
-The estimated value related to Implementation Reserves, the provisioned amount is 543,824.44 lei (without VAT);
-The amount related to the provisioned sums for publicity and information is 100,000.00 lei (without VAT);
Additionally, the Contracting Authority, in line with the provisions of art. 117, para. (1) of Law 99/2016 with amendments and completions, opts for the subsequent acquisition of new similar services from the supplier whose offer was declared the winner within this sector procurement procedure amounting to 1,194,660.88 lei (without VAT), representing 20% of the estimated value of the contract (excluding the estimated values for implementation reserves), respectively 6,517,128.82–543,824.44.
Note 1: The bidder will prepare the financial Proposal in Lei, with values expressed to a maximum of two decimals.
In preparing the Financial Proposal, bidders will refer to the minimum value of the Estimated Value, namely the value of 6,517,128.82 lei without VAT.
Contract Duration
The supervision contract for the design and execution of works must cover the period between the date of signing and the expiration date of the defect notification period related to the works contract, according to the estimated calendar presented as a guideline below, to which a closure period will be added, necessary for the Supervisor to prepare and submit the final declaration upon completion of the works ("Final Acceptance Report").
The estimated total duration of the services is 159 months, which is calculated considering:
-7 months for Design (pre-construction period)
-30 months for Execution of works (construction period)
-1 month – Receiving upon completion of works (RTL)
-The warranty and defect notification period: 120 months
-Post-warranty period – works closure: 1 month