"Conditions of Contract for Construction" in accordance with international regulations and national legislation.
Works contract no. 3844/29.12.2014, concluded between ECOAQUA SA Calarasi and HIDROCONSTRUCTIA SA Bucuresti
Final contract value: 36.543.652,84 lei excl. VAT.
Execution period: 15,7 months,until 30.04.2016, plus the defects notification period of minimum 12 months/ maximum 24 months (starting with the reception at the completion of the works)- Contract completed.
Commencement date: 12.01.2015.
Replacement and expansion of water distribution networks- approx. 20.7 km, sewerage networks- approx 21.7 km, construction of two waste water pumping stations, rehabilitation of two wastewater pumping stations, supply of watermeters.
Physical progress of implementation is 100%. To date, payments were made in value of 36.543.652,84 Lei, excl. VAT, representing 100% of the contract value, excl. VAT.
The Taking Over at the completion of the works for the entire investment objective started on 27.06.2016 and the Taking-Over Certificate was issued on the 22.11.2016.
On the 29.11.2017 was issued the minute of the final reception of the works for the entire investment objective.
Difficulties encountered: Given the duration of the contract, the disputes concerning the award procedure and the time required to solve them, there works were not completed in the SOP Environment eligibility period.
1. FOR THE PUBLIC PROCUREMENT PROCEDURE, RESUMED AFTER THE CONTRACT WAS CANCELED:
On 13.03.2013, SC REMORINI GROUP SRL filed a complaint registered at the NCSC, under no. 8426/18.03.2013, against the award procedure, by which was requested the annulment , modification and republication in SEAP, of the tender documentation; also, was requested the suspension of the procedure, until NCSC solves the complaint. Grounds for appeal : the qualification criterias, that the challenger considers beeing restrictive.
Toward the formulated appeal, ECOAQUA SA did not considered necessary to make the requested changes, and did not ordered any remedial measure. At the request of NCSC, the Contracting Authority has submitted , on 20/03/2013 , a document comprising her point of view regarding the exception of the tardily filed appeal , invoked automatically by the NCSC . Through Decision nr.1001/108C9/1011/21.03.2013, the National Council for Solving Complaints dismissed as unfounded the appeal filed by SC REMORINI GRUP and ordered the Contracting Authority to continue the procedure . The complaint regarding the suspension of the procedure was dismissed as devoid of purpose.
On 03.25.2013 , 11.00, was held the tender opening session. Tenders were submitted by 10 operators.
The first evaluation of the submitted tenders: On 07.17.2013 was completed the evaluation of the submitted tenders,the procedure report was prepared and sent to UCVPP , in order to express their opinion regarding the proceedings of the award . UCVPP had no observations regarding the award procedure performed. Report procedure was registered at the Contracting Authority under no. 2521/22.07.2013, and, on 23.07.2013,the result of the tender procedure was communicated to the tenderers. The winning tenderer was SC DYNAMIC COMPANY SRL, from Magurele city , Ilfov county, with an offer in value of 28,385,516.80 lei, without VAT.
Against the result of the award procedure, complaints were made by SC VERTA TEL SRL Bucuresti, SC POLYSTART SRL Craiova / SC ALEXANDER HYDRO PROJECTS SRL Bucuresti ( association ) and SC FIBEC SA / SC FIBEC METAL GLASS SA Campina ( association ), for which the Contracting Authority sent , in due time, to NCSC, her point of view.
By Decision 3151/C1/3294 , 3301 , 3325/03.09.2013 , NCSC accepted in part the complaints and ordered the Contracting Authority for reassessment, taking into account the reasons for the taken decision (some parts of noncompliance / compliance of the winning / losing tenders).
Against NCSC Decision no. 3151/C1/3294 , 3301 , 3325/03.09.2013 , complaints were made to the Court of Appeals by both ECOAQUA SA Calarasi, and by the tenderers involved in the procurement process . Court of Appeals issued the decision nr.4895 / 11.11.2013 which partly upheld complaints from complainants SC DYNAMIC COMPANY SRL and ECOAQUA SA, and ordered the modification of the decision no. 3151/C1/3294 , 3301 , 3325/03.09.2013 issued by the NCSC as follows : dismissed the appeal filed by SC POLYSTRAT SRL as unfounded; also, by civil Decision nr.4895 / 11.11.2013 , of the Court of appeals, were rejected, otherwise , the complaints from SC DYNAMIC COMPANY SRL, ECOAQUA SA and FIBEC SA, and was maintained , otherwise , the NCSC decision.
Against Civil Decision no. 4895 / 11.11.2013 , rendered by the Court of Appeal , SC DYNAMIC COMPANY SRL filed a complaint in annulment, for whom the trial is pending .
Reassessment of the tenders, according to the NCSCDecision no. 3151/C1/3294 , 3301 , 3325/03.09.2013 : At the reassessment of the tenders submitted in the public procurement procedure, the Evaluation Committee has implemented mandatory considerations of the decision of the National Council for Solving Complaints.
Thus, on 17/09/2013 the reassessment of the submitted tenders was completed , after which it was decided to cancel the public procurement procedure under provisions of Art .209 , par. 1 ) lit. a) , of the Ordinance no. 34/2006: the tenderers submitted in the public procurement procedure werw unacceptable and / or inconsistent . Report nr.3238/17.09.2013 of the procedure, was drafted and sent to UCVPP , in order to express their opinion regarding the proceedings of the award . UCVPP had no observations for the award procedure performed , and thus , on 09.20.2013 , the result was communicated to tenderers.
Against the result of the public procurement procedure, after the tenders reassessment, appeals were made to the NCSC by SC VERTA TEL SRL Bucuresti, SC POLYSTART SRL Craiova / SC ALEXANDER HYDRO PROJECTS SRL Bucuresti ( association ), SC FIBEC SA / SC FIBEC METAL GLASS SA Campina ( association ), CONSTRUCCIONES RUBAU SA - SUPER A PLUS K SRL ( association ), ASTALROM SA -ACI CLUJ SA (association ) and DYNAMIC COMPANY SRL. Contracting Authority sent, in due time, to NCSC , her point of view regarding the appeals filed against the result of the public procurement procedure.
By Decision no. 4372/C8/4199,4205,4240,4244,4247,4256 dated 12.03.2013, issued by the NCSC, all appeals submitted were rejected as unfounded.
Against NCSC Decision no. 4372/C8/4199,4205,4240,4244,4247,4256 from 03.12.2013, the tenderers CONSTRUCCIONES RUBAU SA - SUPER A PLUS K SRL ( association), SC VERTA TEL SRL and DYNAMIC COMPANY SRL, have filed complaints, at the Court of Appeal, complaints which were were rejected as unfounded.
2.FOR THE PUBLIC PROCUREMENT PROCEDURE, RESUMED AFTER THE PREVIOUS PROCEDURE WAS CANCELLED:
The public procurement procedure was resumed after cancellation, by publishing notice no. 150 625 / 04.29.2014, in the SEAP and no. 2014 / S / 085-148476 / 05.02.2014, in the EUOJ, with the deadline for submission of tenders on 30.06.2014. On 30.062014, the tender opening session was held. Tender offers were submitted by 17 operators.
The first evaluation of the tender offers submitted for the public procurement procedure: After completing the evaluation and approving the report for the procedure, the result was communicated to the participating operators. The winner was SC HIDROCONSTRUCTIA SA Bucuresti, with an offer worth 38,893,596.56 lei, without VAT.
The outcome of the tender procedure was challenged, by CONIZ ROMARG SRL and IDECONSA / TURNER CONSTRUCT (association); the Contracting Authority submitted, in legal term, to CNSC, the point of view regarding the appeals.
By Decision no. 2884/316 C10 / 3360, 3365 / 17.11.2014, CNSC upheld the appeals formulated and ordered the Contracting Authority to reevaluate tenders, taking into account the reasons specified in the decision (regarding some elements of non-compliance / compliance of the losing tender offers).
The second evaluation of the tender offers submitted for the public procurement procedure: After completing the reevaluation of the tenders, according to the CSNS Decision, and after approving the procedure report, the outcome was communicated to the operators involved in the procedure. The winner was SC HIDROCONSTRUCTIA SA Bucuresti, with an offer worth 38,893,596.56 lei, without VAT.
Against the outcome of the second award procurement procedure, no appeals were made.