"Conditions of Contract for Plant and Design-Build" in accordance with international regulations and national legislation.
Works Contract No. 2439/11.11.2009 was signed between ECOAQUA SA and PEYBER HISPANICA SL, leader of the consortium PEYBER HBISPANICA SA/TECNICAS DE DESALINIZACION DE AQAUS SA (during the contract`s development, TECNICAS DE DESALINIZACION DE AQAUS SA became the leader of the consortium).
Updated value of the contract is 24.103.350,46 lei, excluding VAT.
Commencement Date: 16.12.2009
Contract Duration: 33.5 months until 30.09.2012, with a Defects Notification Period of min 12/ max 24 months (starting with the reception at the completion of the works for the entire contract).
The project consists of the drilling of 30 new boreholes, raw water pipeline, new water treatment plant, treated water pumping station, storage reservoirs, SCADA system for the entire water supply system namely intake, raw water main, reservoirs, treatment, pumping, distribution, administration building, laboratory, dispatchers office, annexes, etc.
Physical progress of implementation is 100%. On 28.02.2013, was issued the Taking-Over Certificate, at the completion of part of the works; for the works performed after the expiry of the execution period, penalties were applied, according to contractual terms. So far, payments were made totaling 24.103.350,46 Lei, excl. VAT, representing 100% of the contract value.In the payments made, are also included the amounts retained from the contractor, so far, as delay penalties, totaling 161,126.08 lei, in compensation with the works already executed.
On the 11.12.2015 was issued the Taking-Over Certificate at the completion of all the works and on the 30.01.2017 was issued the minute of the final reception of the works.
The procurement procedure was launched with the publication of the tender notice in SEAP no.7864/30.05.2009 and in OJEU no.2009/S 104-151276/03.06.2009. Closing date for receipt of completed tenders was 22.07.2009. At the request of potential bidders, the tender period was extended until 12.08.2009 through publication of an errata notice 142323/09.07.2009. Requests for clarification were received from potential tenders and the responses were then published in SEAP. Tenders were duly opened on 12.08.2009 with seven tenders received – ref. minute no. 1534/12.08.2009. Due to the volume and complexity of the documentation; on 01.09.2009, the evaluation Commission requested the Contracing Authority, through note no. 1701/01.09.2009, to extend the tender evaluation period until 21.09.2009. On 21st September 2009 the Contracting Authority concluded the tender evaluation procedure and the winner was announced as PEYBER HISPANICA SL/TECNICAS DE DESALINIZACION DE AGUAS (Consortium). At the beginning of October, a challenge against this outcome was made to CNSC, (no. 9/05147099/MFr/api/01.10.2009) by STRABAG AG Austria. This was registered at CNSC no. 35947/01.10.2009, and at SC ECOAQUA SA no. 2037/02.10.2009. The challenger sought “to annul the entire procedure due to non-compliance of the winning tender and to oblige the Contracting Authority to organize a new tender which should respect the requests from the Terms of Reference and Tender Documentation.” However, CNSC, by Decision no. 5552/559C10/6567/16.10.2009, rejected this challenge from STRABAG AG Austria and continued with the evaluation in accordance with the usual legal provisions The final decision confirming PEYBER HISPANICA SL/TECNICAS DE DESALINIZACION DE AGUAS as the winning tenderer was announced by CNSC letter no. 27087/6567- C10/16.10.2009 and registered at SC ECOAQUA SA no. 2197/19.10.2009. After the expiry of the appeals notification period, SC ECOAQUA SA invited PEYBER HISPANICA SL/TECNICAS DE DESALINIZACION DE AGUAS (Consortium) by address no. 2322/30.10.2009, to sign the contract on 11th November 2009. Accordingly, contract 2439/11.11.2009 was signed between SC ECOAQUA SA and PEYBER HISPANICA SL leader of the consortium PEYBER HISPANICA SL/TECNICAS DE DESALINIZACION DE AGUAS