Decision no. 1239 from December 8, 2010
on approving Methodological Norms for the application of public
private partnership Law no.178/2010, and for the approval of several
measures concerning the reorganization of the Central Unit for the
Coordination of Public-Private Partnership within the Ministry of
Public Finance, amended and supplemented by the Government
Decision no. 1000 issued October 20, 2011
ISSUER: THE GOVERNMENT
PUBLISHED IN: THE OFFICIAL GAZETTE no. 833 of December 13, 2010
Date of entry into force: December 13, 2010
Under art. 108 of the Romanian Constitution, republished, and art. 38 and 46 of Law of the public-private partnership no.178/2010,
The Romanian Government adopts the present decision.
ART. 1 – Approving methodological Norms for the application of public-private partnership Law no. 178/2010 set out in Annex1, which is part of this decision.
ART. 2 – Repealed by Government Decision no. 7/2013
ART. 3 – Government Decision no. 34/2009 regarding the organization and functioning of the Ministry of Public Finances, published in the Official Gazette of Romania, Part I, no. 52 issued January 28, 2009, further amended and supplemented, is amended as follows:
1. In Article 3 (1), paragraphs 61 and 62 are repealed.
2. In Article 3 (1), paragraph 63 reads as follows:
“63. manages the database on the public works concession projects, services and goods carried at central and local level;”.
3. Annex no. 1 “Organizational structure of the Ministry of Public Finances” is replaced by the Annex. 2, which is part of this decision.
ART. 4 – In Article 3 paragraph (1) of Government Decision no. 405/2007 on the functioning of the General Secretariat of Government, published in Official Journal of Romania, Part I, no. 302 of May 7, 2007, as amended and supplemented, after paragraph 14 is inserted a new paragraph, paragraph 15, as follows:
“15. Through central Unit for coordination of public-private partnership (UCCPPP) partners to provide guidance and monitoring of public and private investors interested in the activity of organizing and progress of a public-private partnership project, under the law. This regards:
a) verify each contract notice or other documentation complementary/submitted forwarded by the public partner for publication in electronic procurement system (SEAP) in the Official Journal of the European Union, if the project value exceeds 5 million euro;
b) within two working days of receiving the notice of the SEAP, UCCPPP has the obligation either to issue the publication to the ESPP operator for the advert, where upon examination there are no errors/omissions, or to reject the publication of the notice, if there are errors/omissions, while informing the public partner of this decision and how the errors/omissions can be rectified;
c) elaborates the annually national strategy for promoting and implementing the public-private partnership projects and subject it to government approval;
d) aims, verifies and reports regularly to the Government implementation of national strategy for promoting and implementing public-private partnership projects;
e) establishes and promotes procedures for identifying and carrying out projects of public-private partnership and supporting of all public partners defined in the head. I Section 4 – “public partners” of public-private partnership Law no. 178/2010, in preparing and implementing public-private partnership projects;
f) constitutes and manages the integrated public database, unique and updated of all the public-private partnership projects announced, and those in progress or completed;
g) updates and ensures maintenance and operation of the processing system, collection and management information and statistical data on the progress of public-private partnership contracts in central and local level;
h) ensures the promotion of the concept of public-private partnership projects;
i) develops, based on its analysis and the verification, synthesis documents relating to the conduct of public-private partnership projects;
j) participates, through representatives at the invitation of the public partner, according to the law in force in the evaluation and negotiation committee set up in order to choose the private investor and the signature of public-private partnership contract with it;
k) identifies and ensures the dissemination at national level of the best practices in public-private partnership domain;
l) establishes contacts the stay in touch on issues of investment through public-private partnership projects with governmental and nongovernmental organizations, and foreign and local investors;
m) facilitates the contact between local and foreign investors and public partners for the joint execution of projects under public-private partnership;
n) may represent The Romanian Government at the meetings on public-private partnership organized at national or international level;
o) issues recommendations on structuring public-private partnership projects, given the impact on the level of public sector lending and the borrowing limits at national or local level;
p) monitors with public partners the progress of implementation of public-private partnership projects and coordinates activities required to implement them properly;
q) administers professional assistance to the public partners and the interested investors, in all phases of a project of public-private partnership;
r) ensures expert advice necessary for the establishment and functioning within the public authorities in the internal units for coordination of public-private partnership projects, organized according to art. 39 of Law no. 178/2010;
s) ensures the verification of the selection process’ stages of the private investor, after the publication of the selection notice to the selection of the private investor and conclusion of the contract.”
PRIME MINISTER
EMIL BOC
Countersigns:
—————
The General Secretary of the Government,
Daniela Nicoleta Andreescu
The Minister of Transport and Infrastructure,
Anca Daniela Boagiu
The Minister of Regional Development and Tourism,
Elena Gabriela Udrea
The Minister of Economy, Trade and Business Environment,
Ion Ariton
The Minister of Communications and Information Society,
Valerian Vreme
The Minister of Administration and Intern,
Constantin-Traian Igaş
p. Minister of the Environment and Forests,
Cristian Apostol,
Secretary of State
The Minister of Health,
Cseke Attila
The Minister of Public Finances,
Gheorghe Ialomiţianu
Bucharest, December 8, 2010.
No. 1,239.
ANNEX 1
METHODOLOGICAL NORMS for the application of public-private
partnership Law no. 178/2010
CHAP. I
Definitions
ART. 1 – (1) Public-private partnership is an economic mechanism of association of two partners, the public authority and the private investor to achieve through public-private partnership project, a public good or public service, as defined in art. 4 points. a) and c) of Law No public-private partnership. 178/2010.
(2) Public-private partnership is realized through a mandatory subject as distinct – the project company.
ART. 2 – (1) The public-private partnership project is created for the design, finance, construction, rehabilitation, modernization, operation, maintenance, development and transfer of any public good or service, based on a type of contract of public-private partnership, created under art. 5 and 6 of Law no. 178/2010, further amended and supplemented.
(2) The public-private partnership project is developed on a contract of public-private partnership, which may be of several types, depending on the activities of public-private partnership projects transferred by the public partner, as obligations to private investors in accordance with art. 6. par. (1) of Law no. 178/2010.
ART. 3 – Making a public good or service in a public-private partnership project means all of the design, financing, construction, rehabilitation, modernization, operation, maintenance, development and their transfer.
CHAP. II
The main tasks of the public partners
in a public-private partnership project
ART. 4 – The types of public works contract of subject to public-private partnership are:
a) public works of local interest;
b) public works of district interest;
c) public works of national interest.
ART. 5 – (1) The list of the main documentation underpinning the public-private partnership project and its approval competencies are set out in Annex no. 1, which is part of the present methodological norms.
(2) Public-private partnership projects for the design, construction, rehabilitation, upgrading, operation, maintenance and development of local public works are initiated by the communal, urban, municipal councils and territorial-administrative subdivisions councils of municipalities or intercommunity development associations.
ART. 6 – Public-private partnership projects for the design, construction, rehabilitation, upgrading, operation, maintenance and development of county interest public works are initiated by county councils.
ART. 7 – The public-private partnership projects for the design, construction, rehabilitation, modernization, operation, maintenance and development of public works of national interest are initiated by the Romanian Government, ministries and public partners, as defined in art. 8 of Law no. 178/2010, further amended and supplemented.
ART. 8 – In order to achieve a public-private partnership project, the executing authorities as defined by the Local Public Administration Law no. 215/2001, republished, with subsequent amendments, have the following functions:
a) identify the public-private partnership project’s objective;
b) perform pre-feasibility study or foundation with specialists in their structure or, where appropriate, through a company with expertise;
c) prepare decision documents covered by the deliberative authorities for approval of public-private partnership project;
d) publish the notice of intention and the attached document, according to the law;
e) distribute without payment, the document attached to the notice of intent;
f) organize, under the law and the mandate given by the deliberative authorities, the receipt of tenders or as appropriate letters of intent, the works of the evaluation commission, signing project agreements with the selected private investors, negotiating commission’s work, analysis of the final tender of the selected private investor, conclusion of the public-private partnership contract.
ART. 9 – In order to achieve a public-private partnership project, the legal representatives of the public partners, as defined in art. 8 of Law no. 178/2010, further amended and supplemented, have the following duties:
a) identify the public-private partnership project’s objective;
b) perform pre-feasibility study or foundation with specialists in their structure or, where appropriate, through a company with expertise in accordance with legal provisions in force;
c) prepare decision documents covered by the Management Board for approval of public-private partnership project;
d) publish the notice of intention and the attached document, according to the law;
e) distribute without payment, the document attached to the notice of intent;
f) organize under the law and the mandate given by the deliberative authorities/governing bodies, receiving of tender/letters of intent, the works of the evaluation commission, signing project agreements with the selected private investors, the works of the negotiation commission, analysis of the final tender of the selected private investor, conclusion of the public-private partnership contract.
ART. 10 – In order to achieve a public-private partnership project, the ministry responsible in managing the scope of public-private partnership project has the following functions:
a) identifies the objective of public-private partnership project;
b) prepares the feasibility or foundation study with their own specialists or, as appropriate, through a company with expertise in accordance with legal provisions;
c) publishes the notice of intent and attached document, according to Law no.178/2010, further amended and supplemented; d) distributes, free of charge, the document attached to the notice of intent;
e) organizes, according to the law and mandate given by the Government, receiving of tenders/letters of intent, the works of the evaluation commission, signing of project agreements with the selected private investors, works of the negotiation commission, analysis of the final tender of the selected private investor, the conclusion of public-private partnership contract;
f) provides the framing of the public private partnership project in the fiscal budgetary strategy, approved under the fiscal budgetary responsibility Law no.69/2010;
g) ensures the classification for public-private partnership project in fiscal-budgetary strategy, approved under the Law of fiscal-budgetary responsibility no. 69/2010.
ART. 11 – Deliberative authorities, as defined by Law no. 215/2001, republished, with subsequent amendments, have the following functions:
a) approve the opportunity for launching public-private partnership project, based on the identification made by the executive authorities of the objective of public-private partnership project;
b) approve the pre-feasibility or fundamentation study of the public-private partnership project;
c) approve the form and the content of the notice of intent and of the attached document;
d) approve the composition of the committee/commission of evaluation and negotiation. For selection of private partners who enter into the negotiation phase, the public partner shall appoint a committee, which may be the same or may be changed and for the negotiation phase to establish the private investor with whom is concluded the public-private partnership contract;
e) approves the evaluation criteria, scoring rubrics and how to treat the tenders/letters of intent received late or unsealed, in accordance to Law no. 178/2010, further amended and supplemented;
f) approve the criteria for negotiating with private investors select, the signatories of the project agreement, to select the private partner with whom is concluded the public-private partnership contract;
g) delegate, as appropriate, the mayor/chairman of county level or by a team coordinated by them one or more of the tasks set out in point. a)-f);
h) approve the report of assessment of the evaluation committee of private investors that will conclude the project;
i) approve the basic elements, such as the type of public-private partnership project, the estimated investment value for the project, determined period of public-private partnership project, the key risks, possible penalties, etc., shape of the framework of a public-private partnership contract.
ART. 12 – The Government has the following functions:
a) approves the opportunity for launching public-private partnership project, based on the identification made by the ministry responsible in managing the applicability domain of public-private partnership project;
b) approves the pre-feasibility or fundamentation study for the public-private partnership project;
c) approves the form and the content of the notice of intent and of the attached document;
d) approves the composition of the committee/commission of evaluation and negotiation. For selection of private partners that enter into the negotiation phase, the public partner shall appoint a committee, which may be the same or may be changed/modified and for negotiation phase, to establish private investor with is concluded the public-private partnership contract;
e) approves the evaluation criteria, scoring rubrics and how to treat the tenders/letters of intent received late or unsealed, in accordance to Law no. 178/2010, further amended and supplemented;
f) approves the criteria for negotiating with private investors select, the signatories of the project agreement, to select the private partner with whom is concluded the public-private partnership contract;
g) approves the report of the evaluation committee’s evaluation of private investors with whom will be concluded the project;
h) approves the basic elements, such as the type of public-private partnership project, the estimated investment for the project, determined period of the public-private partnership project, the key risks, possible penalties, etc., shape of the framework of contract public-private partnership;
i) delegates, as appropriate, by the ministry responsible for the applicability domain of public-private partnership project or a team coordinated by the minister or secretary of state one or more of the tasks referred to in point. a)-h).
ART. 13 – Governing deliberative bodies of the public partners referred to in art. 8 of Law no. 178/2010, further amended and supplemented, have the following duties:
a) approve the opportunities for launching public-private partnership project, based on the identification made by legal representatives of civil partners;
b) approve the pre-feasibility or fundamentation study for the public-private partnership project; c) approve the form and the content of the notice of intent and of the attached document;
d) approve the composition of the committee/commission of evaluation and negotiation. For the selection of private partners who enter into the negotiation phase, the public partner shall appoint a committee, which may be the same or may be changed/modified and for negotiation phase, to establish the private investor with whom is concluded the public-private partnership contract;
e) approves the evaluation criteria, scoring rubrics and how to treat the tenders/letters of intent received late or unsealed, in accordance to Law no. 178/2010, further amended and supplemented;
f) approve the criteria for negotiating with private investors select, the signatories of the project agreement, to select the private partner with whom is concluded the public-private partnership contract;
g) delegate, as appropriate, to the legal representatives one or more of the tasks set out in point. a)-f);
h) approves the report of the evaluation committee’s evaluation of private investors with whom is concluded the project agreement;
i) approve the basic elements, such as the type of public-private partnership project, the estimated investment for the project, determined period of public-private partnership project, the key risks, possible penalties, etc., shape of the framework of the contract of public-private partnership.
ART. 14 – The Administration Councils of intercommunity development associations have the following competences:
a) coordinating a public-private partnership project, within the provisions of this decision and intercommunity development associations competences given by Law no. 215/2001, republished, with subsequent amendments;
b) implementing competences on public-private partnership project, which were transferred by delegation of competence by the local councils of community development associations.
ART.141. – In the attached document, the public partner may request to the private investor to indicate, in his tender, part of the contract that it intends to subcontract to any third parties, and proposed subcontractors. This clarification does not affect the appearance of the private investor responsibility.
ART. 142. – (1) The public partner may indicate in the attached document the body or bodies from which the private investors can obtain relevant information on obligations relating to taxes, environmental protection, protection provisions and working conditions in force in the region or locality in which works or services are to be carried out and that will be applied to the works done to the worksite or provided services during the period of contract performance.
(2) The public partner providing the information under par. (1) requires from the private investors for the selection procedures to mention that at the formulation of the tender/letter of intent, the obligations relating to protection provisions and working conditions in force at the place where works or services are carried out, have been considered. Par. (1) does not prejudice the application of Article 5435 on the verification of abnormally low tenders.
CHAP. III
Types of public-private partnership contracts
REPEALED
CHAP. IV
Form and content of pre-feasibility and foundation studies
ART. 32 – (1) Pre-feasibility study and the study of fundamentation represent the basic documents for initiation of a public-private partnership project and are prepared in accordance with legal provisions.
(2) The public partner realizes the prefeasibility study or the study of fundamentation, costs of their implementation being in the public partner’s charge.
(3) The documents set out in para. (1) provides the basics for the document attached to the notice of intent to build a public-private partnership project.
(4) The pre-feasibility study or the fundamentation study made by the public partner is made available to interested private investors together with the document attached to the notice.
(5) The pre-feasibility study or the fundamentation study shall be approved by decision, in accordance with the provisions of chapter II.
ART. 33 – (1) The pre-feasibility study represents the documentation that includes technical and economic justification of public-private partnership project, the main characteristics and its technical-economic indicators.
(2) Pre-feasibility study results should provide complete information on:
a) benefits that the project can bring to the community;
b) the project alternatives examined;
c) the manner in which the implementation of the project meets the requirements and policies of the public partner;
d) the project benefits of a financial closure and if the project cost cannot be covered by public income, which is the content and form of the public partner’s participation to the project, compliance with the law.
ART. 34 – The pre-feasibility study should cover the main technical aspects, financial, economic, social, institutional and environmental aspects of public-private project, including at least the following:
a) the public purpose of the project;
b) evaluation of the public partner’s participation in the project;
c) the coverage of the project;
d) the benefits it can bring to the project;
e) the addressability direction of the project;
f) technical possibilities of implementation;
g) budgetary estimates, including the estimated amount of private investment and the estimated amount of the public partner’s participation in the project;
h) the approximate evaluation of the determined period of the contract of public-private partnership;
i) possibilities of investment recovery;
j) estimation of major risks;
k) estimation the effects on the labor market;
l) evaluation of the environmental impact;
m) achievement of an illustration on the theme of the project, if necessary, which may include, in principle, location plan in the area, the general plan, general architectural plans and sections or any other technical and architectural elements that can lead to a more real estimate investment value;
n) analysis and propose of a certain type of public-private partnership contract, which shows the degree of participation of each partner in the project.
ART. 35 – The fundamentation study is the document usually more elaborate than the pre-feasibility study and is made for larger and complex projects and represents the documentation that includes technical and economic justification for the public-private project and main characteristics and its technical-economic indicators. The results of the fundamentation study results should provide complete information to justify that:
a) the project can be realized;
b) if it will be realized, the project meets the requirements and the public partner’s policies;
c) have been analyzed various alternatives for the project and that the best option is public-the private partnership option;
d) the project benefits from financial closure and if the project cost cannot be covered by public income, which is the content and form of the public partner’s participation in the project, in compliance with the law.
ART. 36 – The fundamentation study should cover the main technical, financial, economic, social, institutional and environmental aspects of public-private project, including at least the following:
a) the public objective of the project;
b) assessment of The public partner’s participation in the project specifying the actual situation of the assets involved (as land, utilities, services, etc.);
c) coverage of the project;
d) the benefits it can bring to the project;
e) the direction of addressability of the project;
f) technical possibilities of implementation;
g) budget and risk analysis (identification, impact, probability, planning);
h) stages of project implementation and resource requirements for implementation and operation;
i) the list of procedures and standards used in the public-private partnership project;
j) budgetary estimate, which includes both private investment estimated amount and the estimated amount equivalent of the public partner’s participation in the project;
k) the approximate evaluation of the determined period of the public-private partnership contract;
l) possibilities of investment recovery;
m) estimation of the effects on the labor market;
n) environmental impact evaluation;
o) achievement of a illustration on the theme of the project, which includes, in principle, placement plan in the area, the general plan, general architectural plans and sections or any other technical and architectural elements that can lead to a more real estimate investment value;
p) analysis and propose of a certain type of public-private partnership contract, which shows the degree of participation of each partner in the project;
q) the management of change/transaction.
CHAP. V
The form and content of the attached document and notice of intent
ART. 37 – The attached document is intended:
a) to present public the public-private partnership project also to the services the public partner expects to find on the market;
b) to inform the potential investors about the public objective targeted to be achieved through a public-private partnership mechanism, evaluation criteria and steps which are to be performed in implementation;
c) on this basis, to receive tenders/letters of intent from potential investors, allowing the public authority to formulate a point of view on investors able to perform the public-private project as close as possible to the project objectives;
d) providing sufficient and coherent information for potential investors to submit complete tenders/letters of intent, based on which the public authority can make a grounded choice;
e) providing information to enable interested parties to formulate an opinion regarding to the technical, economic and financial required for the implementation of the public-private project;
f) offering explanations on project risks and how to make the distribution of risks between public authority and investors.
ART. 38 – The attached document includes at least the following:
a) information about the public partner and public-private partnership project initiated, namely:
a.1) a summary description of the initial public partner, with the duties and responsibilities related to the public-private project;
a.2) a summary description of the public-private project, its objectives and how they fit in the strategy and priorities of the public partner;
a.3) the budgetary estimates, including the estimated amount of the private investment and estimated amount equivalent of the participation in the project of the public partner;
a.4) proposal for distribution of project risks (risk matrix distribution);
a.5) details about the category and type of goods and services to be provided to investors in the public-private project;
a.6) timetable of the public-private project, including data and steps for the project implementation;
a.7) commercial principles applicable to the public-private partnership project;
b) details regarding the basis of tender/letters of intent evaluation for selection of the investors with whom the project agreements will be concluded, that should cover, but not limit to them, the following:
b.1) investor’s experience in similar projects;
b.2) balance of skills and expertise of the legal person or association of legal entities;
b.3) investor’s ability to fulfill the financial and technical aspects of public-private project;
b.4) demonstrated probity of the legal person or, where appropriate, of each member of the association of investors demonstrated by way he previously has ensured significant investment funding;
c) terms and conditions of the attached document, namely:
c.1) a statement of the public authority, that it reserves the unilateral and indisputable right to not continue the project of public-private partnership, with justifying concrete arguments, in any of the stages taking place before submitting the final offer resulted by the investor from negotiation;
c.2) declaring that the public authority will not reimburse to any of the investors participating in the selection, the costs incurred by them due to preparation of the tenders/letters of intent or other activities during negotiations;
c.3) details on how are protected intellectual property rights mentioned in the letter of intent and its annexes. Usually the public partner must give guarantees that the information submitted by the tenderer in the letter of intent will not be disclosed; however, the public authority reserves the right to use some comments from investors in the next stages for the preparation of public-private partnership project;
c.4) declaring that the public partner does not intend to give any relations of documents or information from the files of the other bidders, but only supply data on their own;
d) the format, deadline and location for receipt of tenders/letters of intent;
e) the information that investors have to present in proposals, namely:
e.1) details on the investor, including details for each member of the association of investors, whether it is an association, nature and form of the relationship between them and the general conditions of the agreement on the financing and implementation of these types of activities proposed to be conducted by investors in public-private partnership project;
e.2) an overview of the proposed approach to the public-private partnership project, to demonstrate the investor’s ability to meet the requirements of public authority;
e.3) information on the expertise and the investor’s ability and also, justification of the possibility of satisfying the project requirements;
e.4) details on the financial situation of each member of the association of investors and potential financial collateral sources, if necessary;
e.5) information on the requirements of confidentiality and any potential conflicts of interest;
e.6) confirmation that neither the investor nor investors association members have no actual or potential conflict of interest;
e.7) evidence/proof of investors’ ability to manage level proposed for the allocation of risks.
ART. 381. – (1) The technical specifications defined in annex no. 4, which is part of the present detailed norms, specifications that are mentioned in the documents of the contract, and selection notices, attached document, pre-feasibility or foundation study. The respective technical specifications should be established in order to take into account the accessibility criteria for persons with disabilities and for all users.
(2) Technical specifications must permit equal access for private investors and will not have the effect of creating unjustified obstacles to competition in the launch selection procedures.
(3) Without prejudice to mandatory technical rules of national law, technical specifications are formulated:
a) either by reference to technical specifications defined in annex no. 4 and, in order of preference, to national standards transposing European standards, to the European technical agreements, on common technical specifications, to the international standards or other technical reference systems established by European standardization bodies or, if they do not exist, at the national standards, to national technical agreements or national technical specifications for the design, calculation and execution of works and the product use. Each reference is accompanied by the mention «or equivalent»;
b) either in terms of performance or functional requirements; these may include environmental characteristics. However, the parameters must be sufficiently precise so that the investors can determine the object of the contract and the public partners to be able to attribute the contract;
c) either in terms of performance or functional requirements set out in letter b) referring to the specifications referred to letter b) as a mean of presuming conformity with such performance or functional requirements;
d) or by referring to the specifications set out in letter a), for certain characteristics, and to the performance or functional requirements set out in letter b), for other characteristics.
(4) Where the use of the possibility to refer to the specifications referred to in paragraph (3) letter a), public partners cannot reject a tender on the grounds that the goods or services are not in comply with the specifications to which are referred, if the investor proves in his tender, in a way which satisfies the requirements of the public partner, by any appropriate means that the solutions which he proposes satisfy in an equivalent manner the requirements defined in technical specifications. By appropriate means may be understood a technical dossier from the producer or a test report issued by a recognized body.
(5) Where the use of the option, provided in paragraph (3), to establish performance or functional requirements to be met, public partners can not reject a tender for works, goods and services which comply with national standard transposing an European standard with an European technical agreement, with a common technical specification, an international standard or technical reference system established by an European standardization body, if these specifications address the performance or functional requirements that have been imposed.
(6) In his tender, the private investor must prove, in a way which satisfies the requirements of the public partner and by any appropriate means, that works, goods and services comply with the standard meets the performance or functional requirements of the public partner. By appropriate means may be understood a technical dossier from the producer or a test report issued by a recognized body.
(7) In case that environmental characteristics are provided in terms of performance or functional requirements as referred in par. (3) letter (b), the public partners can use the detailed specifications or, if necessary, parts of these, according to environmental European labels or (multi)national labels, or in accordance with any other eco-labels, on condition that:
a) those specifications are appropriate so as to define the characteristics of goods or services covered by the contract;
b) label requirements are developed based on scientific information;
c) eco-labels are adopted using a procedure in which all stakeholders can participate, such as governmental bodies, consumers, manufacturers, distributors and environmental organizations;
d) specifications are available to all interested parties.
(8) Public partners can specify that goods or services bearing the eco-labels are considered as respecting the technical specifications defined in the attached document; public partners must accept any other appropriate justification, such as a technical dossier from the producer or a test report issued by a recognized body.
(9) In the sense of the present article, through “recognized bodies” it is understood testing and calibration laboratories, certification and inspection bodies which comply with applicable European standards. Public partners accept certificates issued by the recognized bodies of other Member States.
(10) Except the case they are justified by the subject of the contract, technical specifications may not specify a determined production, a particular origin or a determined process, nor may refer to a trademark, a patent, a type, an origin or a production determined, which would lead to the effect of favoring or eliminating certain undertakings or products. Such reference is authorized, with an exceptional basis, if it is not possible a sufficiently precise and intelligible description of the subject of the contract, in accordance with paragraphs 3 and 4; such mention or reference is accompanied by the words «or equivalent».
ART. 39 – Notice of intent and the attached document are subject to approval by the deliberative authorities, Government or deliberative organs of management of public partners, where appropriate, with the schedule of the selection procedure, the composition of the evaluation of letters of intent, assessment criteria, rubrics score and the treatment of delayed or unsealed letters of intent.
ART. 40 – Notice of Intent is published in accordance with art. 24 of Law no. 178/2010, the public partner being required to distribute the attached document freely to all interested investors.
ART. 41 – Order to give all interested parties the opportunity to respond to the notice of intent, the public partner can publish the same ad and through the media.
CHAP. VI
Evaluation commissions for tenders/letters of intent and negotiation
of final tenders of the private investors
ART.42 – (1) The procedures for the selection of the private investor with whom the public-private partnership contract is closed, are: the open procedure and the competitive dialogue.
(2) The public partner will appoint, according to the law, the following commissions:
a) the evaluation commission of tenders/letters of intent and accompanying documents of private investors;
b) the negotiation commission with the selected private investors and with whom have been concluded project agreements, in case of the procedure of competitive dialogue.
ART.43 – (1) The evaluation committee of tenders/letters of intent and accompanying documents is composed of at least 5 members of the experts and specialists of the public partner and, where appropriate, members of deliberative authorities/governing bodies, members of the executive of the public partner defined in art. 8 of Law no. 178/2010 with subsequent modifications and completions, and any other person with expertise in the field of the object of the public-private partnership project, as co-opted expert, which is not in conflict of interest, as it is covered by Law no. 161/2003 regarding some measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevent and punishment of corruption, as amended and supplemented.
(2) The role of the evaluation commission of the tenders/letters of intent and accompanying documents is to analyze and select the private investors participating in the selection procedure for the signature public-private partnership contract or project agreement, as appropriate.
(3) In case in the evaluation is presented only one candidate, the Commission examine in the approved evaluation criteria the documents submitted by him and if it fulfills the conditions of selections signed the project agreement and continue, according to the law, the negotiation phase.
ART.44 – The selection criteria aim at demonstrating the technical, financial and organizational potential of each private investor participating in the procedure, potential which should reflect the real possibility to fulfill the contract and to resolve any difficulties related to its fulfillment, where it will be declared as a winner.
ART. 441 – The public partner has the right to apply qualification and selection criteria only to:
a) private investor’s personal situation;
b) capacity to exercise the professional activity;
c) economic and financial situation;
d) technical and/or professional capacity;
e) quality assurance standards;
f) environmental protection standards.
ART. 442 ‐ (1) Private investors have the right to present certificates issued by a competent public authority or by a public or private law body that meets European standards of certification, to demonstrate the fulfillment of the selection criteria formulated in accordance with Art. 441.
(2) The public partner has no right to impose to the private investors the obligation to present specific certifications, the latter having the right to present, in order to demonstrate compliance with certain requirements, any other equivalent documents with such certification or that prove, in a conclusive manner, the fulfillment of those requirements. The public partner has the right to request, if considered necessary, clarifications or additions to the submitted documents.
(3) By order of the General Secretary of the Government, there could be established methods of certification or official listing at national level, of the private investors who opt for such a certification system. In this case, the Central Unit for Coordination of Public Private Partnership (UCCPPP) has the obligation to inform the European Commission about the coordinates and functioning of the system.
(4) In case of using the official lists of private investors designated, public partners will require additional certificate attesting fulfillment of the obligations of dues, taxes and social insurance contributions, in accordance with legal provisions in force.
ART. 443 – (1) The public partner has no right to restrict the participation in the procedure of conclusion of the public-private partnership contract introducing minimum selection criteria, which:
a) is not relevant to the nature and complexity of public-private partnership contract which will be concluded;
b) are disproportionate to the nature and complexity of public-private partnership contract due to be completed.
(2) The public partner will impose minimum selection criteria for economic and financial situation or at technical and/or professional capacity of private investors, submitting an explanatory note in this respect.
ART. 444 – For the purpose of the provisions of art. 443 par. (1) lett. b), it is presumed that minimum selection requirements are disproportionate to the nature and complexity of public-private partnership contract due to be completed, if it is necessary the fulfillment of conditions such as:
a) amount of values/quantity of supplied goods, provided services and executed works, included in the contract/contracts presented by the private investor as evidence of his similar experience, to be greater than the value/quantity of products/services/works to be provided/performed/executed under the public-private partnership contract which is about to be concluded;
b) the value of turnover of the private investor to be greater than the estimated contract value, multiplied by 2;
ART. 445 – (1) When the fulfillment of certain selection criteria is required, the public partner must specify in the notice of selection and in the document attached to it the information that private investors are going to submit in this respect, and the specific documents that can confirm those information.
(2) Requested documents should not limit the private investor possibility to demonstrate meeting the criteria of selection, also by other means, to the extent that they can be considered edifying by the public partner.
(3) For the purpose of paragraph. (2), it is considered to be included in the category of edifying measures, any official site of a public institution or other authorized entity by law for this purpose, as far as that data source contains updated information.
(4) If there are uncertainties or doubt regarding certain presented documents, the public partner has the right to request details, specifications or additional confirmation both to the concerned private investor, and from the competent authorities which may provide information in this regard. In any case, the public partner has the obligation to ensure the reasonable period of time to provide the required specifications/confirmations.
(5) The public partner does not have the right to require the completion of selection criteria for potential subcontractors, but human and material resources of declared subcontractors are taken into account for their involvement in the contract which will be fulfilled if the relevant documents are presented in this respect.
ART. 446 – (1) The public partner has the obligation to use for the private investors’ selection only the criteria for selection and negotiation provided in the selection notice.
(2) The stage of selection in the competitive dialogue procedure of private investors represents a distinct process that aims only at limiting the number of private investors who will participate in the dialogue. The selection is done by giving for every private investor a score which should reflect its ability to fulfill public-private partnership agreement due to be concluded.
(3) The public partner has the obligation to specify in the notice of selection and in the attached document the method of granting the score on which the rank of private investors will be based whenever a selection of them will be organized.
ART. 447 – There cannot participate in selection procedures on the award of a public-private partnership agreement, the persons who are under article 12 par. (2) of Law no.178/2010, further amended and supplemented.
ART. 448 – (1) The public partner is obliged to accept as sufficient and relevant to demonstrate that the private investor does not fit into one of the situations provided in art. 447, any document found enlightening in this regard, in the country of origin or the country where he is established, such as certificates, criminal records or other equivalent documents issued by the competent authorities in that country.
(2) If there is uncertainty regarding personal situation of such private investors, the public partner has the right to request information directly from the competent authorities which issue documents as provided in par. (1).
(3) If in the country of origin or in the country which is established the private investors are not issued documents such as those provided in par. (1) or the respective documents do not cover all the situations provided in art. 447, the public partner is obliged to accept a declaration on his own responsibility or, if within the respective country provisions for declaration on their own responsibility do not exist, a statement made in front of an authenticated notary, a judicial or administrative authority or a professional association which has competence in this respect.
ART. 449 – The public partner has the right to request to any private investor to submit probatory documents proving registration form as a legal entity and, where appropriate, for attesting or membership in a professional perspective, in accordance with the provisions of the country where the private investor is established.
ART. 4410 – (1) If the public partner requires demonstration of economic and financial situation, then it is obliged to indicate in the attached document also the information that private investors are going to submit for this purpose.
(2) The proof of economic and financial capacity of private investor can be made, as a general rule, by one or more of the following references:
a) appropriate bank statements or, where appropriate, evidence of professional risk insurance;
b) presentation of balance sheets or extracts from balance sheets, where publication of balance sheets is prescribed by the law of the country where the private investor is established;
c) a statement of overall turnover and, where appropriate, of turnover in the field of activity covered by the contract for up to the last 3 financial exercises, available depending on the date of creation or beginning of the private investor’s activities, provided that the information on turnovers are available. In this latter case the public partner is obliged to take into account the date on which the private investor was founded or started its commercial activity.
(3) Where appropriate, a private investor can also include and present in his tender, capacities of other entities, regardless of the legal nature of their relationships with them. In this case, the private investor must prove that the public partner will have the necessary means presenting, for example, the strong commitment of those entities in this respect.
(4) Under the same conditions, a group of private investors can mention the capacities of group members or other entities.
(5) In case, for good reasons, the private investor cannot provide the references requested by the public partner, he is entitled to prove its economic and financial capacity by any other document that the public partner considers and accepts it as appropriate.
ART. 4411 – (1) Technical capacities of the private investors can be proved in one of the following ways, depending on the nature, quantity or importance and use of works, goods or services:
a) presentation of the list of works executed during last 5 years, accompanied by certificates of satisfactory execution. These certificates will indicate the value, date and location of works and will specify whether they were carried out in accordance with professional norms and were carried out successfully;
b) providing a list specifying the principal deliveries effected or the main services provided in the last 3 years indicating the date and public or private beneficiaries. Deliveries or supplies of services can be proved:
i) in case the beneficiary was a public partner, through certificates issued or countersigned by the competent authority; ii) in case the beneficiary was private, through certification from him, or in its absence, through a statement of the private investor;
c) indication of the technicians or technical bodies, whether or not being part of the company of the private investor, particularly those responsible for quality control and, if the case of public-private partnership contracts of works, of those that will have the contractor for the execution of works;
d) description of technical equipment affected for carrying out the public-private partnership project, of measures applied by the supplier or service provider to ensure quality and its resources for study and research;
e) where goods or services to be supplied are complex or in which, on an exceptional basis, are intended for a particular purpose – a check carried out by the public partner or on his behalf by a competent official body of the country where the supplier or service provider is established, subject to agreement of that body; the control aims the production capacities of the supplier or the technical capacity of service provider and, if necessary, the measures which are to take to control quality;
f) indicating professional and education levels of the private investor that provides services or manages the works and of the managerial staff and, mainly, the person or persons responsible for providing the services or managing the works;
g) for public-private partnership contracts by works and services and only in appropriate cases, indication of the environmental management measures which private investor can apply when performing the contract;
h) a statement showing the average annual manpower and personnel of the private investor and the number of managerial staff for 3 years;
i) a statement indicating the equipment, materials and technical equipment that the private investor that provides services or executes works will have for the execution of the contract; j) indicating the part of the contract that the private investor that provides services intends to subcontract;
k) as regards to goods to be provided, the public partner may request samples, descriptions and photos whose authenticity can be proved by request of the public partner.
l) as regards to the goods that are about to be provided, certificates issued by institutions or by the authorities responsible for quality control and of recognized competence attesting the conformity of products clearly identified by reference to specifications or appropriate standards.
(2) Where appropriate and, for a determined public-private partnership contract, a private investor can mention the capacities of other entities, whatever their legal nature of the relationship he has with them and the respective entities. In this case, the private investor must prove that the public partner will have the necessary means presenting, for example, the strong commitment of those entities to this effect.
(3) Under the same conditions, a group of private investors provided in art. 31of the Law no. 178/2010, further amended and supplemented can mention the capacities of group members or other entities.
(4) In procedures for awarding public-private partnership contracts of goods requiring montage or installation works, provision of services and execution of works, the ability of traders to provide services or execution of works may be evaluated, mainly, depending on their capabilities, efficiency, experience and reliability.
(5) The public partner specifies within the selection notice or attached document, references it wishes to receive from those in paragraphs (1) – (4).
ART. 4412 – In case the presentation of any certificates issued by independent bodies attesting that the private investor meets certain standards of quality assurance, the public partner relates to quality assurance systems based on relevant European series of standards certified by bodies conforming to European standards for certification. The public partners recognize equivalent certificates of bodies established in other Member States. Also, public partners accept other evidence of equivalent quality assurance measures provided by private investors.
ART. 4413 – In case the public partner requests presentation of certificates issued by independent bodies attesting that the private investor complies with certain environmental management standards, the public partner is reported to the Community system Eco-Management and Audit Scheme (EMAS) or to environmental management standards based on European or international standards certified by bodies conforming to Community law or European standards or international regarding certification. The public partners recognize equivalent certificates from bodies established in other Member States. Also, public partners accept other evidence of equivalent environmental management measures provided by private investors.
ART. 4414 – The public partner may invite investors to clarify the certificates and documents submitted under articles 447 – 4413.
ART. 45 – Criteria described in Art. 44 constitute the basics for the development and approval by the public partner’s own selection rules for public-private partnership project initiated.
ART.46 (1) The negotiation commission with the selected private investors with whom project agreements have been signed, consists of at least 5 members of the experts and specialists of the public partner, as appropriate, local and county councilors, ministers, state secretaries, members of the board or executive of public partners, as defined in art. 8 of Law no. 178/2010, further amended and supplemented, or any other person with expertise in the field of the object of public-private partnership project, which is not a conflict of interests, as it is regulated by Law no. 161/2003, further amended and supplemented.
(2) The negotiation commission’s role with the private investors selected and who have signed the project is to negotiate with each candidate selected for this stage to establish the private partner submitting the final offer and wherewith the public-private partnership contract is signed by.
ART. 47 – Criteria for negotiating with candidates who signed the project to establish the private investor that will conclude the public-private partnership is:
a) clear identification of the responsibilities of the public partner and the private investor within the project, of public-private project being negotiated;
b) setting the legal responsibilities of the two partners in the steps leading and organizing of the project company;
c) establishment by the parties of the objectives required by the public partner for the implementation of the project of public-private partnership;
d) clear identification of responsibilities of technical, financial and legal aspects of the two partners;
e) the concrete establishment basis of current legislation and analysis and supporting documents, of the participation rates of the two partners in the project company, the number of Board members and their functions and duties during the course of public-private partnership project;
f) modification, revision, adaptation, or the performance of studies, analysis and business plans required prior to or after the negotiation phase, depending on the conditions of the project of public-private partnership resulted and supported by the two partners during the negotiation procedure;
g) clear identification of performance standards, facilities and equipment to be supplied, services provided, schedules of activities for the duration of the contract of public-private partnership and the delivery and performance data;
h) establishment of the total amount of investment, a clear description of stakeholder and agreeing the determined period until the finalization of public-private partnership contract;
i) insurance of the control of cost, quality, service, safety, relations with local communities, and the control of operating and maintenance requirements;
j) establishment of the mode of distribution and balancing of the risks between public and private partners throughout the period of the contract of public-private partnership;
k) alternative arrangements for cases where investor is liquidated, becomes bankrupt, contravenes the contract or special subcontracts or if the partnership ends before the term;
l) identification of mechanisms for following up performance, service quality and other objectives of the public partner, including how to use the benefits if they are obtained;
m) the establishment of mechanisms to resolve conflicts;
n) establishing the terms for the transfer of the public-private project’s objective to the public partner at the end of the contract of the public-private partnership;
o) establishing the terms and form of the public-private partnership contract which will be concluded between the two partners;
p) issues on labor force taken or committed to the implementation of the public-private project; q) other objectives established by the public partner.
ART. 48 – Negotiating the conditions of achieving the public-private project, the terms of the contract and its annexes shall be made only within the mandate granted by the leader of the negotiating committee of the public partner.
ART. 49 – REPEALED
ART. 50 – REPEALED
ART. 51 – REPEALED
ART. 52 – REPEALED
CHAP. VII
Calculating methods of the estimated value
of public-private partnership contracts
ART.53 – (1) Calculating the estimated value of a public-private partnership contract is based on the total amount of VAT, as estimated by the public partner, representing the amount value of the input value of the public partner and the total cost resulted from the pre-feasibility or foundation study, including the amount of the value of the project risks. This calculation takes into account, including any form of option and any renewals of the contract.
(2) This estimation must be valid at the moment the selection notice is sent.
(3) No public-private partnership contract of works and no public-private partnership contract aiming to obtain a certain quantity of goods and services may be subdivided to the application of the provisions of this decision.
ART.54 -The estimated value of public-private partnership contracts must include the amount of costs to date, generated by the design, finance, construction/development or conversion, rehabilitation/modernization, boarding, maintenance, operation, exploitation or management of work, equipment and immaterial/material values and the provision of services provided during the contract.
ART. 541 – In calculating the estimated contract value of public-private partnership will take into account the value of project risks.
ART. 542 – (1) In the case of public-private partnership contracts, the risk can be of two types: transferred risk and retained risk.
(2) Transferable risk represents quantification of value of all project risks to be taken over by the investor.
(3) Retained risk represents the quantification of value of all project risks to be taken by the public partner.
ART. 543– Risk evaluation involves the following steps:
a) identification of all risks;
b) quantification of the consequences of risks;
c) estimation of the risk probability;
d) financial quantification of risks;
e) identification of the structure of risks allocation;
f) calculation of transferable risk;
g) calculation of retained risk.
ART. 544 – In the context of the estimated value, the risk reflects potential additional costs over the basis cost of the estimated contract value of public-private partnership.
ART. 545 – Generally the risk can be included in the estimated contract value of public-private partnership, in one of the following methods:
a) inclusion of the risks of project costs in the general cash flow;
b) adjustment of the cost of capital discount rate in order to reflect the specific risk level for each project.
ART. 546 – The main risk categories are represented by:
a) the risk of fulfilling of the specific requirements imposed to the project;
b) design and construction risk;
c) risk that the demand for use to be lower than estimations;
d) risk associated with environmental protection;
e) the financing risk;
f) risk of developing of a majeure force;
g) operational risk and ensuring the performance level;
h) legislative change risk;
i) risk of obsolescence and the need for modernization;
j) specific risk of the project.
ART. 547 – Upon completion of identification of all risks the public partner must evaluate and quantify the possible consequences of each risk, including the effect of any sequence or timing of risk elements.
ART. 548 – The consequence of appearance of a risk measures the difference between the basic level of the estimated value and the new cost generated by the appearance of that risk, harmonized with the likelihood of this risk.
ART. 549– The consequences of risk appearance can be direct or indirect. Direct consequences include the amount, time and costs that exceed the level of the estimated value. Indirect consequences arise from the interaction of different risks.
ART. 5410 – All identified and quantified risks must be included in the estimated contract value of public-private partnership.
ART. 5411 – After identifying and evaluation of all material risks, each risk should be analyzed as a transferable or retained risk, to the extent that it can be transferred to the private partner or retained by the public partner in an arrangement, a public-private partnership one.
ART. 5412 – Retained risk represents the amount of those risks proposed to be undertaken by the public partner in the public-private partnership. These risks must be added to the value of projects, thus obtaining real cost supported by the public partner in a public-private partnership. Such risks include: changes in legislation, risks induced by gaps in the project specifications, the section assumed by the public partner from the risk of diminishing the demand, etc.
ART. 5413 – Factors that may reduce the retained risks are:
a) ability to influence directly the probability of the occurrence of a risk;
b) collaboration with reputable contractors and use of advanced technologies, effective leverages for monitoring and risk management, effective coverage of risks through insurance.
ART. 5414– (1) Retained risks can be estimated based on previous losses or compared to insurance premium amount for an equivalent risk.
(2) All retained risks must be assessed, quantified and included to give real value to the cost incurred by the public partner.
ART. 5415 – (1) Criteria used to award of for public-private partnership contracts is represented by «the most economically advantageous tender», and the successful tender is performed by applying a system of evaluation factors for which relative weights or a specific algorithm for calculating are established.
(2) The calculation algorithm and the tender evaluation factors that will be taken into account, are clearly and detailed stated in the document attached to the selection notice and will reflect the concrete methodology for scoring the benefits that will result from technical and financial proposals submitted by the private investors.
ART. 5416 – (1) The public partner has no right to use the selection criteria as evaluation criteria for tenders/letters of intent.
(2) When establishing criteria for evaluating tenders/letters of intent, the public partner has no right to use criteria that:
a) have no direct connection with the nature and object of public-private partnership agreement due to be completed;
b) does not reflect a real and obvious advantage that the public partner can obtain by using the respective evaluation criteria.
(3) The weight set for each evaluation criterion should not lead to the distortion of the result of applying the procedure for concluding the public-private partnership contract. For each evaluation criterion the public partner is required to establish a share to reflect properly:
a) the importance of technical/functional feature considered to represent a qualitative advantage that can be scored; or
b) the amount value of the benefits of financial nature that bidders can offer through assumption of additional commitments in relation to the minimum requirements set out in specifications.
(4) The public partner mentions within the selection notice or in the attached document, the relative share given to each of the criteria selected to determine the most economically advantageous tender.
(5) The share can be expressed by a score properly prepared in terms of range between maximum and minimum.
(6) If the public partner considers that such a share is not possible in terms of objectivity, evaluation criteria will be ranked in order of importance and the public partner will prepare an explanatory note to this effect.
ART. 5417 – Guarantee of participation is constituted by the private investor in order to protect the public partner against the risk of any inappropriate behavior during its entire run until the end of the public-private partnership contract.
ART. 5418 – The public partner is required to specify in the document attached to the notice of selection that for the participation in the selection procedure the private investors have the obligation to provide a guarantee of participation. In this case, the attached document must contain the following information:
a) the amount of the participation guarantee in a fixed amount of 1% of the estimated value of public-private partnership contract;
b) period of validity of the participation guarantee, which will be at least equal to the minimum period of validity of the tender, as requested through the attached document.
ART. 5419 – (1) The participation guarantee is established by bank transfer, by an instrument of guarantee issued under the law of a banking company or an insurance company, or by deposing it to the cash desk of the public partner and presented in original, in the amount and period stipulated in the attached document.
(2) The guarantee must be irrevocable.
(3) The public partner has no right:
a) to impose or prohibit submission of a guarantee instrument issued by a certain banking company or insurance company clearly nominated in the tender documentation;
b) to limit the possibility of presenting the guarantee instruments only to those that are issued by banking companies or only those that are issued by insurance companies;
c) to impose or prohibit the presentation of letters of guarantee in any of the forms provided or grant, in the evaluation process, an additional score of one of the forms of establishing the guarantee.
(4) Participation guarantee may be formed by deposing to the cash desk of the public partner:
a) of a payment order or check file, with the condition of their confirmation by the bank until the date of opening the tenders;
b) of an amount in cash.
(5) In any case, the proof of the establishment of the tender guarantee must be presented no later than the date and time set for opening of tenders/letters of intent.
ART. 5420– The public partner is entitled to retain the guarantee for participation, thereby losing the amount established, when the latter is in any of these situations:
a) withdrawal of the tender during its validity;
b) its tender being determined winner, it refuses to sign the public-private partnership contract in the period of validity of the offer.
ART. 5421 – (1) Guarantee of participation established by the private investor whose offer was determined as winner, will be returned by the public partner not later than 3 working days from the date of the signing of the public private partnership contract.
(2) Guarantee of participation, constituted by the private investors whose tender has not been established winner, will be returned by the public partner after signing the public-private partnership contract with the private investor whose offer was declared winner, but not later than 3 working days from the expiration date of the tender validity period.
(3) If the public partner is in position to cancel the closing procedure of the public-private partnership contract, the participation guarantee will be returned after the expiry of the deadline for submission of a contestation on this decision, but not later than 3 working days from this date.
(4) After receiving the notification on the result of the procedure, private investors whose tenders were declared losers have the right to obtain the release of the participation guarantee before the expiry of the period provided in par. (2) or, as appropriate, in par. (3), if they transmit a request to the public partner in this regard.
ART. 5422 – (1) The selection notice is published in accordance with article 24 of Law 178/2010.
(2) The public partner is required to submit for publication the selection notice, including those of type errata to these notices, to the operator of SEAP.
(3) The transmission for the publishing of the notices to the SEAP operator is performed only by electronic means.
(4) Any other method concerning the publication of the selection notice and the attached document outside of those provided in par. (1), including any amendments thereto, is not allowed.
ART. 5423 – (1) Notices in respect to which Law 178/2010, further amended and supplemented, imposes the obligation of publication in the Official Journal of European Union, will be prepared by the public partner in an European Union official language respecting the provisions and forms set out in European Commission Regulation no. 1.564/2005, which sets the standard format for the publishing of the notices within the award procedures laid down in Directives no. 17/2004/CE and 18/2004/CE of the European Parliament and Council.
(2) Notices published in SEAP should not contain information other than those contained in the notices sent to the Commission and will mention the date when the notice was sent to the Commission.
ART. 5424 – (1) After sending notices to the SEAP operator, UCCPPP is required to check those notices in terms of compliance with formal rules of completing, within 5 working days from receiving them in SEAP.
(2) UCCPPP is required that, within the time limit provided in par. (1), to communicate to the SEAP operator the publication clearance or rejection of publication of the notice.
ART. 5425 – If UCCPPP finds, during the verification of the notice transmitted by the public partner to the SEAP operator, that within its form or content errors or omissions exist, is obliged:
a) to communicate to the SEAP operator the rejection of publication of the notice;
b) to inform the public partner on the decision dismissing the publishing of the notice, arguing the respective decision and indicating the manner in which errors/omissions can be remedied.
ART. 5426 – (1) Notices submitted after remedying errors/omissions detected under art. 5425 are considered new notices and are subject of all rules of transmission and verification provided in the present norms.
(2) If after the publication of a notice, certain changes occur to the information already published, the public partner is required to submit for the publication of a notice of type errata to the previously notice, as provided by the Regulation (CE) no. 1,564/2005.
ART. 5427 – (1) The SEAP operator has no right to publish the notice sent by the public partner or to submit for publication in the Official Journal of the European Union, without obtaining the publication clearance issued by UCCPPP.
(2) The SEAP operator has the obligation to ensure the transmission of notices of publication in the Official Journal of the European Union, in the standard format adopted by the European Commission and no later than two working days from obtaining the publication clearance.
(3) When establishing time limits for the submission of the tenders/letters of intent, the public partner has the obligation to take into account also the margin of 7 working days, necessary to verify the notices by UCCPPP and for their transmission to the Official Journal of the European Union by the SEAP operator.
(4) In order to establish time limits for receipt of tenders and requests to participate, contracting authorities will take into account particularly the complexity of the contract and the time required for drawing up tenders, without prejudice to the deadlines established in the present norms.
(5) If for any reason, certain documents or additional information, although requested in due time, have not been supplied within the time set out in Article 22 par. (4) of the Law no. 178/2010, further amended and supplemented, or the offers/letters of intent can be made only after a site visit, the deadlines of receipt of the tenders/letters of intent are extended so that all private investors can access all the information needed to produce tenders/letters of intent.
ART. 5428 – (1) The SEAP operator has the obligation to publish the notice in SEAP, no later than two working days after receipt of the publication clearance, but not before the date of sending it for publication in the Official Journal of European Union, if the Law 178/2010, further amended and supplemented, impose this obligation.
(2) In order to establish time limits for receipt of tenders and letters of intent, public partners take into account especially the complexity of the contract and the time required to prepare the tenders/letters of intent, without prejudice to the deadlines set out in this article.
(3) In case of the open procedure when the estimated contract value of public-private partnership is equal to or greater than the thresholds laid down in art. 51 par. (1) of Law no. 178/2010, further amended and supplemented, the public partner is required to send the notice of selection for the publication in SEAP and Official Journal of European Union at least 52 days before the deadline for submission of tenders/letters of intent.
(4) In case of the open procedure, when the estimated value of public private partnership contract is below the thresholds set out in art. 51 par. (1) of the Law no. 178/2010, further amended and supplemented, the public partner is required to send the notice of selection for publication in SEAP with at least 22 days before the deadline for submission of tenders/letters of intent.
(5) In case of competitive dialogue procedure, when the estimated value of public private partnership contract is equal to or greater than the thresholds laid down in art. 51paragraph. (1) of the Law no. 178/2010, further amended and supplemented, the public partner is required to send the notice of selection for publication in SEAP and Official Journal of European Union with at least 37 days before the deadline for submission of tenders/letters of intent.
(6) In case of the competitive dialogue procedure, when the estimated value of public private partnership contract is below the thresholds set out in art. 51par. (1) of the Law no. 178/2010, further amended and supplemented, the public partner is required to send the notice of selection for publication in SEAP with at least 22 days before the deadline for submission of tenders/letters of intent.
(7) Period runs from the date of sending the notice of selection, for both procedures.
(8) Public partners who have awarded a public-private partnership contract send a notice about the results of the selection procedure no later than 48 days from the award of the contract, which will be published in SEAP and Official Journal of European Union, as appropriate, under the same conditions as the publication of the notice of selection.
ART. 5429 – Deadlines concerning submission of tenders for the application of open procedure are those stipulated in article 18 of the Law 178/2010, further amended and supplemented.
ART. 5430 – (1) In case the public partner receives requests for clarification on the provisions of the attached document to the selection notice, this has the obligation to respond to these requests, respecting the art. 22 par. (4) and (5) of Law no. 178/2010, further amended and supplemented.
(2) The public partner has the obligation, respecting the art. 21 of Law no. 178/2010, further amended and supplemented, to make known clarifications or possible changes in relation to the attached document, creating a new electronic file to which direct and unrestricted access will be ensured, similarly to the original file access.
ART. 5431 – (1) The public partner has the obligation to open the tenders and, if necessary, other documents submitted by the private investor participants, at the date, time and place indicated in the notice of selection. If it becomes necessary to extend the deadline for submission of tenders, the public partner has the obligation to specify this change through errata to the selection notice, which must be published at least 3 days before the date initially announced for opening tenders.
(2) Any private investor has the right to attend the opening of tenders.
(3) In the opening session the rejection of any offer is not allowed, except those that fit into one of these situations:
a) were filled after the date and time limit for submission or to a different address than those fixed in the notice of selection;
b) are not accompanied by the guarantee of participation in the amount, form and having validity period requested in the attached document.
(4) The opening session ends with a report signed by the evaluation committee members and the representatives of private investors present at the meeting, in which the manner of performance of that meeting, formal aspects found in opening of the tenders, main elements of each tender are recorded, recording also the list of the documents submitted by every private investor.
(5) The public partner has the obligation to transmit a copy of the report to all private investors participating to the award procedure, within one working day after opening, whether or not they were present at the respective meeting.
(6) Any decision regarding the selection of private investors or, where appropriate, regarding the evaluation of tenders will be adopted by the evaluation committee in the subsequent sessions to opening tenders session.
ART. 5432 – (1) In case the attached document was provided with the obligation of fulfillment of some selection criteria, evaluation committee has the obligation to verify the way these criteria were fulfilled by each private investor.
(2) The evaluation committee has the obligation to analyze and check each tender/letter of intent, both in terms of technical features proposed and in terms of financial issues involved.
(3) Technical proposal must meet the minimum requirements set out in the attached document.
ART. 5433 – During the analysis and verification of the documents submitted by private investor tenderers, the evaluation committee has the right to request clarifications anytime or additions to the documents submitted by them to demonstrate fulfillment of the criteria for selection, as they are provided in the present norms, or for demonstrating compliance with the requested tender requirements.
ART. 5434 – (1) The tender is considered unacceptable in the following situations:
a) it falls into the category referred to art. 5431par. (3);
b) was filled by a private investor who does not meet one or more of the selection requirements set in the attached document or had no relevant documents in this regard;
c) does not ensure compliance with mandatory regulations on specific working conditions and work safety, when this requirement is formulated in accordance with art. 142;
d) following the verifications referred to art. 5433of the present document, it is observed that the tender has an unusually low price for what is to be provided/performed/executed, so that it cannot ensure the fulfillment of the contract’s quantity and quality parameters required by the attached document.
(2) The tender is considered non-compliant in the following situations:
a) does not meet properly the requirements of the attached document;
b) contains proposals to amend the contract terms that were set by the public partner in the attached document, which are obviously disadvantageous for the latter, and the private investor, despite the fact that was informed about the situation, does not accept to give up the respective terms;
c) contains within the financial proposal the prices that are not the result of free competition and cannot be justified;
ART. 5435 – (1) If, for a given contract, tenders appear to be abnormally low in relation to goods, works or services, the public partner, before it may reject those tenders, requests in writing the details of the tender elements which it considers relevant. Those details refer to:
a) the economics of the construction, manufacturing process or service delivery;
b) the chosen technical solutions and exceptionally favorable conditions available for the private investor for executing, for good supply or service provision;
c) the originality of works, goods or services proposed by the private investor;
d) respecting the provisions regarding the protection and working conditions in force at the place where the services are provided, works or goods;
e) the possibility for the private investor to obtain state aid.
(2) In consultation with the private investor, the public partner verifies the elements mentioned before, taking into account the provided evidence.
(3) The public partner that establishes that a tender is abnormally low because the private investor has obtained a state aid, cannot reject the respective tender on that ground unless they consult with the private investor in this regard and it is not able to prove, in a sufficient period of time fixed by the public partner, that the aid does not affect the fair competition between private investors participating in one of the selection procedures established by Law no.178/2010, further amended and supplemented. The public partner that rejects an abnormally low tender because the private investor has obtained a state aid, informs the European Commission about it.
(4) In order to perform the verifications provided in par. (1), the public partner will require from the investor documents regarding, as applicable, the prices from suppliers, the situation of the supplies and raw materials, the organization and methods used in the workflow, the level of labor remuneration, the performance and the cost of certain machinery or work equipment.
(5) If the private investor does not have the requested information or the information cannot justify seemingly unusually low price, the tender becomes the subject to the provisions of art. 5434par. (1) lett. d).
ART. 5436 – (1) Tenders that do not fit into any of the situations provided in art. 5434 are the only tenders that may be considered acceptable.
(2) The winning tender will be established from the admissible tenders only on the basis of awarding criteria, «the most economically advantageous tender», as specified in the selection notice and in the attached document.
ART. 5437– (1) After having completed the evaluation of the tenders, the evaluation committee is required to develop, in accordance with art. 18 par. (7) lett. k) from the Law no. 178/2010, further amended and supplemented, a report of the evaluation procedure that is approved by the head of the public partner.
(2) The head of the public partner, in this goal is bound to take steps to inform all of the private investors regarding the result of the application of the selection procedure of the private investor with whom the public-private partnership contract will be concluded.
ART. 5438 – (1) Before the competitive dialogue procedure, the public partner has the obligation to verify the meeting conditions laid down in art. 18 par. (5) of Law no. 178/201, further amended and supplemented. The result of the verification is materialized by developing a justificative note, which becomes part of the file on the awarding of public-private partnership.
(2) For projects that are technically and/or financially complex, where the public partner is unable to define, for objective reasons, without help and in advance the technical means that satisfy his needs or make financial or legal arrangements for the project, it can decide the awarding of the public-private partnership contract through competitive dialogue procedure, to the extent it considers that the application of an open procedure may not allow the awarding of the contract.
(3) In the competitive dialogue procedure, the public partners may limit the number of suitable private investors invited at the dialogue, on condition that a sufficient number of private investors will be available. The public partners indicate in the selection notice or in the attached document, the criteria or objective and non discriminatory norms that they expect to use, the minimum number of private investors that they estimate to invite, and, as appropriate, the maximum number. In the competitive dialogue procedure, the minimum number is 3. However, the number of invited private investors must be sufficient to ensure a genuine competition.
(4) The public partners invite a number of private investors at least equal to the predetermined minimum number. If the number of the private investors which meet the selection criteria and the minimum level is less than the minimum number, the public partner may continue the procedure by inviting the private investor or the private investors with the required capabilities. Within the same procedure, the public partner may not include other private investors who had not submitted a letter of intent or other private investors who do not have the required capabilities.
ART. 5439 – (1) In case of a competitive dialogue procedure when the estimated value of a public-private partnership contract is equal to or greater than the thresholds laid down in article 51 of the Law no. 178/2010, further amended and supplemented, the period from the date of sending notice of selection for publication in SEAP and in the European Union Official Journal and the deadline for submitting the letters of intent must be at least 37 days.
(2) In case of a competitive dialogue procedure when the estimated value of the public-private partnership contract is below the thresholds set out in article 51of the Law no. 178/2010, further amended and supplemented, the public partner is required to send the notice of selection for publication in SEAP at least 22 days before the deadline for submitting the letters of intent.
(3) After having completed the selection of the private investors, the evaluation commission is required to prepare an evaluation report where will be established the private investors chosen to be invited to the negotiation and at the signing of the project agreement, approved by the head of the public partner.
(4) The head of the public partner must take the necessary steps to inform all participating private investors in the selection phase regarding its result.
(5) The public partner is required to send simultaneously an invitation to the second stage of the competitive dialogue procedure to all admitted private investors.
(6) The invitation must include the following information:
a) references on the published selection notice;
b) the address where the dialogue will take place, the date and time of its launch;
c) the language/languages in which the dialogue will take place;
d) if appropriate, further clarifications on documents that private investors have to submit in order to verify statements or completing the documents presented in the first stage to demonstrate the technical, economic and financial capacity.
(7) The public partner is required to include in the invitation information on how to access the document attached.
ART. 5440 – (1) The second phase of the competitive dialogue procedure consists in organizing meetings with each admitted private investor, which takes place during a dialogue with the purpose to identify solutions/options for technical aspects, financial montages, the legal issues and other elements of the future contract. At the end of each meeting, the negotiation commission is obliged to register the issues discussed and matters agreed in the report of the meeting.
(2) The identification of the solutions/options is structured according to the needs, objectives and the constraints of the public partner, as they were highlighted in the attached document.
(3) During the dialogue, the public partners ensure equal treatment for each private investor. In particular, the public partners do not present in a discriminatory manner, information that can give an advantage to some private investors in relation to others.
(4) The public partners cannot disclose to other participants the solutions proposed or other confidential information communicated by a private investor participating in the dialogue without his consent.
ART. 5441 – (1) The public partner has the right to conduct the dialogue and in intermediate rounds, that are aimed to reduce successive the number of the solutions discussed, if are achieved the following conditions:
a) this possibility was provided in the attached document;
b) the number of participants in the dialogue is large enough, so that such a reduction does not affect the real competition.
(2) For purposes of par. (1), the public partner has the right to organize after each of the following dialogue with the private investors were clarified some of the matters referred to in the art. 5440par. (1), intermediate rounds in which participants in the dialogue are going to provide technical and/or financial partial proposals.
(3) The public partner is obliged to notify all the participants in the dialogue on the arrangements for the intermediate round and the assessment applicable factors to the concrete and their application to reduce the number of participants.
(4) After completing an intermediate round of reduction of the number of the participants in the dialogue, the negotiation commission is required to prepare a new report, which is approved by the head of the public partner or by the person designated for this purpose.
(5) The head of the public partner or the person appointed for that purpose is required to take the necessary measures to inform all participants in the dialogue on the result of the intermediate round.
(6) The next round of the dialogue takes place only with the participants remained in the competition after the completion of the intermediate round held earlier. The participants remaining in the competition, once admitted as a result of organizing an intermediate round, do not have the right that in the next rounds or when they make a final offer, to modify their commitments assumed under the technical and/or financial partial proposals that were presented, but only in order to improve them.
ART. 5442 – In case the second stage of the competitive dialogue procedure cannot be completed by finding a viable solution, the public partner has the right to cancel the awarding procedure, considering implicitly the fulfillment of the conditions set out in art. 5458 par. (2).
ART. 5443 – (1) In the last stage of the competitive dialogue, the private investors must submit the final tenders on the basis of the solution/solutions identified during the previous stage. The tenders must include all the necessary required elements for the project.
(2) The public partner will publish in SEAP the deadline for submitting the final tenders in accordance with art. 18 par. (7) lett. p) of the Law no. 178/2010, further amended and supplemented.
(3) The tenders may be clarified, specified and improved at the request of the public partners. Also, details, clarifications, improvements or additional information cannot result in changes of the basic elements of the tender or tender inquiry, variations which can distort competition or have a discriminatory effect.
(4) The public partners assess the tenders received according to the awarding criteria set out in the notice of selection or in the attached document and choose the most economically advantageous tender.
(5) At the request of the public partner, the private investor identified as having the most economically advantageous tender may be asked to clarify some aspects of its tender or to confirm the commitments given in the tender, provided that this does not lead to changing important elements of the tender or tender inquiry, distort competition or discriminatory situations.
(6) The provisions of art. 5429– 5437 will apply accordingly.
ART. 5444 – The public partner is required to designate for the selection of the private investor the persons responsible for evaluation of tenders/letters of intent, which is in an evaluation committee.
ART. 5445 – (1) The public partner will appoint a person responsible for application of the selection procedure, the person which becomes, also the president of the evaluation committee. The president may be a member of the evaluation committee or its role may be limited to matters of organization and representation, in the latter case has no right to vote. In any case, the president of the evaluation committee will sign the report of the awarding procedure.
(2) The tasks of the evaluation committee are:
a) tender opening and, if necessary, other documents accompanying the tender;
b) the verification of the selection/qualification criteria by private investors, if they were required by the attached document; c) making selection/preselection of investors, if any;
d) making dialogue with private investors, in case of application of the procedure of competitive dialogue;
e) verification of the technical proposals submitted by private investors, in terms of how they meet the minimum requirements of the background study or of the attached document;
f) verification of financial proposals submitted by private investors;
g) establishing unacceptable or irregular tenders and the reasons underlying these tenders framing in this category;
h) establishing the acceptable tenders;
i) applying the award criteria, as specified in the attached document, and establishing the winning tender;
j) where justified, developing a proposal to cancel the award procedure;
k) elaborating a report of the award procedure.
(3) The public partner is entitled to nominate reserve members for the evaluation commission members.
(4) The public partner has the right to replace a member of the evaluation committee with a member of the reserve only if the person to be replaced is unable, for objective reasons, to fulfill the duties arising from membership evaluation committee. After producing the replacement, the duties of the member of the evaluation is taken by the reserve member who will perform its related duties until completing the procedure.
ART. 5446 – (1) The public partner has the right to decide, in order to support the evaluation activities, besides the evaluation commission the appointment of external experts, appointed as co-opted experts. The co-opted experts may be appointed early in the evaluation process or during the process, depending on the problems that may require their expertise.
(2) The decision to appoint co-opted experts must indicate their specific duties and responsibilities and the need to justify their necessity to participate in the evaluation process.
(3) The attributions and responsibilities of the external co-opted experts are:
a) review and evaluation of technical proposals;
b) the financial analysis of private investors or financial analysis of the effects caused by some elements of the tender or contract terms proposed by the private investor;
c) analyze of the effects of a legal nature that may be caused by certain elements of the tender or some contract terms proposed by the private investor.
(4) Only the members of the evaluation committee can vote.
(5) Co-opted experts do not vote, but are required to prepare a special report on the technical, financial or legal aspects on which, on the basis of the expertise they hold, have been co-opted to express their point of view.
(6) The special report under para. (5) is intended to facilitate the evaluation committee the decisions in the process of analyzing the bids and determining the winning tender/tenders. The expert report is attached to the award report and becomes part of the selection file of the investor.
ART. 5447 – (1) During the evaluation process, commission and co-opted experts are required to keep confidential the content of tenders and of any other information submitted by private investors, whose disclosure could prejudice their right to protect intellectual property or trade secrets.
(2) The breach of undertakings relating to privacy is sanctioned by law, disciplinary or criminal.
(3) Besides the tender opening session, the evaluation committee meetings are entitled to participate only its members and, where appropriate, co-opted experts.
(4) The rules of avoiding the conflict of interests are equally applicable to both the evaluation committee, and co-opted experts.
ART. 5448 – (1) The evaluation commission and the co-opted members are required to sign a statement on their own responsibility for confidentiality and impartiality that confirms that they are not in a situation involving a conflict of interest.
(2) The declaration referred to in par. (1) must be signed before taking specific duties in the evaluation and selection process.
(3) If a member appointed by the evaluation committee or one of the co-opted experts finds that they are in a situation of incompatibility, he must immediately request a replacement from the component of the commission by another person. Situations of incompatibility may be addressed to the public partner also by the third parties.
(4) In cases of such situations, the public partner has the obligation to verify the reported and, if necessary, to take necessary steps to avoid/fix any issues that may cause a conflict of interest.
ART. 5449 – (1) The evaluation committee’s method of work is agreed between its members and will take into consideration the timetable for implementing the procedure and the time required for the validity of tenders.
(2) The evaluation committee members have the right to analyze and evaluate the documents submitted by individual private investors and/or joint sessions, but any decision by the evaluation committee must meet at least the vote of two thirds of its members. The evaluation committee is obliged to draw inscriptions which formalize decisions taken in the evaluation and selection process.
(3) The vote of the evaluation commission members is reflected by the individual scores given to each tender.
(4) In case of a situation that the provisions of par. (2) are not respected due to divergent opinions between the members of the evaluation commission, the public partner’s head or, where appropriate, the president of the committee will request reconsideration of the points of divergence in order to a completion in time of the tender evaluation stage and determining the winning bid. If the evaluation does not reach an agreement, the final decision is made by a majority vote of its members.
(5)The evaluation committee members who disagree with the decision, are required to present their views in writing, elaborating on this an individual report that will be attached to the award procedure report.
ART. 5450 – The evaluation committee is required to determine the clarifications and formal or confirmation additions required to evaluate each offer and the time allowed for submitting clarifications. Communication sent in this sense to the private investor should be clear, precise and to define explicitly and sufficiently detailed in what consists the request of the evaluation committee.
ART. 5451 – (1) If the private investor does not transmit during the period specified by the evaluation commission the clarifications/answers required or if the explanations are not conclusive, the tender will be considered non-compliant.
(2) If the private investor changes through the presented answers the content of the technical proposal, its offer will be considered non-compliant. Changes in the technical proposal are accepted since they:
a) can be classified as defects of form or arithmetical error, or
b) represent corrections of technical minor deviations and a possible change in price induced by these corrections would not have led to changes in ranking of private investors that participate in the selection procedure;
(3) If the private investor changes the content of the financial proposal through the presented answers, its offer will be considered non-compliant, except the situation provided in art. 5452 par. (2).
ART. 5452 – (1) The committee has the right to correct arithmetical errors or defects of form only with the consent of the private investor. If the private investors do not accept the correction of these errors/defects, the tender will be considered non-compliant.
(2) The arithmetical errors are corrected as follows:
a) if there is a discrepancy between the unit price and the total price, there should be taken into consideration the unit price, the total price will be accordingly adjusted;
b) If there is a discrepancy between letters and numbers, it should be taken into consideration the amount expressed in words and the amount expressed in numbers will be accordingly corrected.
(3) The form vices are those errors or omissions from a document whose correction/completion is unequivocally supported by the meaning and content of other existing information in other documents originally submitted by the private investor or whose correction/addition has the role of clarification or confirmation and are not likely to produce an unfair advantage over other participants in the selection.
ART. 5453 – The evaluation committee is obliged to reject unacceptable and noncompliant tenders.
ART. 5454 – (1) The evaluation committee is required to determine the winning tender from the acceptable ones.
(2) The evaluation of tenders is done providing, for each tender of a score resulted by applying the calculation algorithm set in the attached document.
(3) In descending order of the scoring, the evaluation committee will prepare the classification on which basis will be determined the winning tender.
(4) The price comparison provided in the financial proposals of private investors is realized at a value without VAT.
ART. 5455 – (1) After the completion of the tender evaluation, the evaluation commission is required to develop a report of the selection procedure, which is signed by all members of the evaluation, including its president.
(2) The procedure report will be submitted to the head of the public partner for approval.
(3) The head of the public partner will appoint from his own unit, a project manager to supervise and control the law, carrying out activities set throughout the period of validity of the public-private partnership contract.
ART. 5456 – (1) The public partners inform as soon as possible the private investors on decisions regarding the public-private partnership contract, including the reasons they decided to give up, which for they had launched a selection notice, or if they will resume the procedure; if the public partners are required to do this, the information is provided in writing.
(2) At the request of the concerned part, the public partner will communicate in time:
a) to each private investor, the reasons for rejection of his tender/cover letter ,
b) to each private investor rejected, the reasons of rejection of his tender, including, where appropriate, reasons of the non-equivalence decision or the reasons of the decision that the works, goods or services do not meet performance or functional requirements,
c) any private investor who has made an acceptable tender/letter of intent, the characteristics and relative advantages of the selected tender, also the name of the winner.
The terms cannot exceed in any of cases 15 days after a receipt of a written request.
(3) However, the public partners may decide to withhold certain information on the award of the contract, disclosure of such information would impede the implementation of legislation, would be contrary to the public interest, would prejudice legitimate commercial interests of private investors or might prejudice the fair competition between them.
ART. 5457– (1) All communications and all information exchange under this title may be made at the discretion of the public partner, by mail, fax or electronically (email).
(2) The chosen communication means must be generally available and, therefore, should not limit the access of the private investors to the procedure of selection.
(3) Communications, information exchange and their storage is done in order to preserve data integrity, tender and letter of intent confidentiality, also the fact that public partners that analyze the content of tenders and of the letters of intent only after the deadline for their presentation.
(4) The tools used for electronic communication as well as their technical characteristics must be non-discriminatory, be permanently available to the public and be compatible with information and communication technologies generally used.
ART. 5458 – (1) The public partner is required to complete the selection procedure by concluding the public-private partnership contract.
(2) Notwithstanding the provisions of par. (1), the public partner has the right to complete the selection procedure by its cancellation, but only under the following circumstances:
a) there have been submitted only unacceptable and/or inconsistent tenders;
b) there was not submitted any tender or tenders or there were submitted tenders that, despite that they can be taken into account, cannot be compared because of how uneven was the approach to technical and/or financial solutions;
c) serious violations of legislative provisions affects the selection procedure or it is impossible to conclude the contract.
d) following the decision of the National Council for the Settlement of Appeals through which sets out the elimination of all technical, economic or financial specifications from the selection notice, from the attached document or from other issued documents in connection with the selection procedure.
(3) The provisions of par. (1) cannot affect the obligation of the public partner to cancel selection procedure followed by a court decision or by a decision of the National Council for the Settlement of Appeals.
(4) For the purposes of the provisions par. (2) lett. c), the selection procedure is considered impaired if there are met, cumulatively, the following conditions:
a) in the attached document and/or in the application of the selection procedure there are errors or omissions that result in violation of the principles stipulated in art. 3. (1) of the Law 178/2010, further amended and supplemented;
b) the public partner is unable to take corrective measures without their lead in turning into an infringement of the principles stipulated in art. 3 par. (1) of Law 178/2010, further amended and supplemented;
(5) The public partner has not the right, without valid justification, to delay a decision of completing the selection procedure, to delay the signing of the contract or to take any other measures in order to create artificial circumstances for the cancellation of the procedure. These situations are considered as violations of the principles laid down in art. 3 par. (1) of the Law 178/2010 and are punished accordingly to it. The private investor who is adversely affected by such a conduct has the right to seek damages through legal action.
ART. 5459 – (1) As annexes that are an integral part of public-private partnership contract are at least the following documents:
a) the pre-feasibility or foundation study;
b) the technical and financial proposal;
c) the fulfillment schedule of the contract;
d) the support commitment from a third party, if any. (2) If during the completion of the contract it is found that certain elements of the technical proposal are inferior or do not meet the requirements of the foundation study, foundation study provisions prevail.
ART. 5460 – (1) If parts of the public-private partnership contract are going to be performed by one or more subcontractors, the public partner has the obligation to request at the conclusion of the public-private partnership contract, the presentation of contracts concluded between the future contractant and subcontractors named in the tender. The presented contracts must be submitted in accordance with the tender and will be constituted in annexes to the public-private partnership contract.
(2) During the contract execution, the private investor is not entitled to substitute the named subcontractors without the public partner’s permission, and the possible replacement must not lead to the modification of the initial technical or financial proposal.
ART. 5461 – (1) The public private contract price can be expressed in lei, and as appropriate, in foreign currency.
(2) During the completion of the contract, the price may be adjusted in the following situations:
a) legislative changes took place, technical changes of the technical norms or administrative documents were issued by the local authorities that deal with establishment, modification or waiver of certain local taxes, whose effect is reflected in the increase/decrease of the costs on which was based the contract price;
b) on the market have appeared certain conditions, following which an increase/decrease in price indices for the constitutive elements of the tender was found, whose effect is reflected in the increase/decrease of the costs on which the contract price has been founded.
(3) To respect the principle of transparency, the possibility of adjusting the price has to be specified both in the attached document, and in the contract to be concluded through special clauses. In the case referred to par. (2) lett. b), the public partner is required to specify also the concrete way of price adjustment, indexes to be used and the source of information on their evolution, such as the statistical bulletins or quotation of stock exchanges. Lack, amendment or supplement of these information/clauses determines an inapplicability of the provisions that refers to the possibility of adjusting the price of the public-private partnership contract.
(4) The price adjustment without fulfilling the conditions provided in par. (3) is possible only in the following cases:
a) where unpredictable and independent circumstances are beyond the will of the parties, other than those provided in par. (2); or
b) when the application duration of the selection procedure is prolonged, unexpectedly, more than the initially expected period and for reasons that exclude any fault of the public investor.
(5) In any case, the contract price cannot be increased, only to the strictly necessary extent to cover the increase of the costs on which was based the contract price. The way of adjusting the public-private partnership contract price should not lead in any case to the alteration of the outcome of the selection procedure, by canceling or reducing the competitive advantage based on which the respective private investor has been declared the winner as a result of the completion of the procedure.
(6) If the period of fulfillment of the contract extends beyond the limits that were initially set in that contract, for reasons which resulted by the public partner fault, it is not possible to invoke the provisions of par. (4), the private investor is entitled to seek penalties and/or interests-damages.
(7) Any other change regarding the contractual terms of the public-private partnership contract is made by an addendum, with the consent of the signatories.
ART. 5462 – (1) The monitoring of the awarding of public-private partnership contracts is accomplished by UCCPPP. (2) The public partners are required to transmit to UCCPPP an annual report on public-private partnership contracts awarded in the previous year.
(3) The requested information is transmitted electronically, according to a standardized format that is provided by SEAP, no later than March 31, each year.
ART. 5463 – (1) UCCPPP processes relevant information from the selection notice and also from other notifications received from the public partners, forming a statistical database that is used for:
a) timely disclosure of the reports required by the European Commission;
b) providing information about the functioning of public-private partnership system to all who are interested;
c) supervision of the concluding of public-private partnership contracts;
d) prevent and, where appropriate, the establishment of certain infringements of legislation.
(2) To allow assessment of the implementation results of the of the Romanian legislation on public-private partnership domain, UCCPPP communicates to the European Commission no later than October 31, each year, a statistic report produced in accordance with Article 5464that has as object, separately, public-private partnership contracts of goods, public-private partnership contracts of services and public-private partnership contracts of works, awarded by public partners during the previous year.
ART. 5464 – (1) For each public partner, the statistical report will contain at least:
a) the number and the value of the awarded public-private partnership contracts, amended by Law nr.178/2010, further amended and supplemented;
b) the number and the total value of the awarded contracts under derogations of the agreement on procurement contracts concluded within the multilateral negotiations of the Uruguay Round.
(2) Wherever possible, the data referred to lett. (a) par. (1) is classified according to: a) awarding procedures of public-private partnership contracts that have been used;
b) for each of these procedures stipulated in lett. a), the types of public-private partnership contracts: of goods, services and works;
c) the citizenship or nationality of the private investor who was awarded with the contract.
(3) The statistical report mentions any other statistical information required under the agreement.
ART. 55 – REPEALED
ART. 56 – REPEALED
ART. 57 – REPEALED
ART. 58 – REPEALED
ART. 59 – REPEALED
ART. 60 – REPEALED
ART. 61 – REPEALED
ART. 62 – REPEALED
ART. 63 – REPEALED
ART. 64 – REPEALED
ART. 65 – REPEALED
ART. 66 – REPEALED
ART. 67 – REPEALED
ART. 68 – REPEALED
ART. 69 – REPEALED
ART. 70 – REPEALED
ART. 71 – REPEALED
ART. 72 – REPEALED
ART. 73 – REPEALED
ART. 74 – REPEALED
ART. 75 – REPEALED
ART. 76 – REPEALED
ART. 77 – REPEALED
ART. 78 – REPEALED
ART. 79 – REPEALED
ART. 80 – REPEALED
ART. 81 – REPEALED
ART. 82 – REPEALED
ART. 83 – REPEALED
ART. 84 – REPEALED
CHAP. VIII
Form and content of project agreement
ART. 85 – The Project Agreement is the legal document, preceding the public-private partnership contract concluded between the public partner and the investor in order to prepare public-private partnership contract.
ART. 86 – Project agreements are concluded with each of the investors that were selected from the first stage of the private partner procedure in the order determined by the evaluation committee of letters of intent and accompanying documents of interested private investors.
ART. 87 – Project Agreement reads as follows:
a) general terms:
a.1) defining, with identification of the signatory parties;
a.2) the determination of the privacy statement conditions;
a.3) validity period of the project agreement;
b) the obligations and rights of the parties and the terms for settling reciprocal obligations during negotiations;
c) specific terms:
c.1) list of key criteria under which negotiations will take place;
c.2) state the compliance agreement, during negotiations between the parties, of all the principles laid down in Art. 3 of Law no. 178/2010;
c.3) establishing the estimated value of private investment subject to negotiation, in order to establish through the public-private partnership contract in the proportion of participation of the parties to the project company;
C.4) establishing the period that makes the negotiation subject in order to establish its concrete through public-private partnership contract.
ART.88 – To each project agreement the letter of intent/tender of the investor together with the attached documents submitted by the investor are annexed, annex that becomes integral part of this agreement.
ART. 89 – The content and form of project agreement is negotiated based on project framework agreement. The model of the Project framework agreement is provided to the partners and set out in Annex no. 3, which is part of the present methodological norms.
CHAP. IX
Duration criteria of the public-private partnership contract
ART. 90 – According to Law no. 178/2010, the determined period is the period negotiated contract which runs public-private partnership and private investor providing funding recovery.
ART. 91 – At the end of the period, the objective achieved through public-private partnership project shall be transferred for free to the public partner, in good condition and free of any charge or obligation.
ART. 92 – Fixed term shall be negotiated by the partners on the basis of the prefeasibility study provided/foundation.
CHAP. X
The organization and functioning of the project company
ART. 93 – (1) The Project Company is organized and operates according to the Law no. 31/1990, republished, with subsequent amendments and other legislation in force, as a company whose capital is held by the public partner and private investors.
(2) The public partner brings to the company’s capital as contribution to the project, under the provisions of the law, goods that are in the private property of the state or territorial-administrative units.
(3) By public-private partnership contract, the project company is allowed to charge, under the law in force, the corresponding rates for the use by third parties of public property for a set period, the investor can recover the investment, finance the maintenance and make profit.
ART. 94 – The aim of the Project Company is operating and managing, on economic principles, law and articles of association of all phases of the contract of public-private partnership project under art. 6. (1) of Law no. 178/2010 and the transfer of public goods and services resulted by the public partner.
ART. 95 – Throughout the project company operating period, it cannot change the subject of business and cannot have economic transactions outside the express aim of public-private partnership project for which it was created or its development in community use.
ART. 96 – (1) Throughout the ongoing of the public-private partnership contract, until the date of the final and irrevocable decision to dissolve the project company, the leader of the association which forms the private partner cannot be replaced from the project company.
(2) In accordance with the form of agreement or association of private entities that form the association under which is registered the private partner, some entities may withdraw from the project, with the agreement of the public partner, as there were met the activities from the project for which they were involved and have obtained the rights under the association contract.
(3) The document underlying the formation and the operation of the association that forms the private partner will be attached to the public-private partnership contract.
ART. 97
The project company is led by a board of directors, where the two partners are represented in proportion with participation provided under Art. 27 point. f) of Law no. 178/2010.
ART. 98
(1) The evaluation of participation of the public partner in the company’s capital and company’s project heritage, in order to establish the proportionality of representation of the two partners on the Board, will be done before the selection procedure of the private partner by adding value of the goods that they participate with in the project and the estimated value of services to the project disposal.
(2) The public goods with which the public partner participates in the project are valued at market value, based on the evaluation report, drawn up by standards in force for natural or legal persons authorized evaluators, certified by law.
ART. 99 – The project company has no right to make decisions on changing the form of ownership or the management of the public or private property with which the public partner participates in public-private partnership project, throughout the period of the contract of public-private partnership and without assignment of contract rights received.
ART. 100 – REPEALED
CHAP. XI
The form and the content of public-private partnership project contract
ART. 101 – According to the provisions of art. 4 let. g) of Law no. 178/2010, the public-private partnership contract or the project contract is the legal document which stipulates the rights and the obligations of the public partner and the investor for the entire period of operation of the public-private partnership.
ART. 102 – The content and the form of the public-private partnership contract is negotiated on the basis of a draft agreement proposed by the public partner to the selected private investor, as well as on the basis of the framework project agreement in case of competitive dialogue procedure.
ART.103. – The terms of the public-private partnership contract are stipulated on the conditions of the project already negotiated and agreed.
ART. 104 – REPEALED
ART. 105. – The public-private partnership contract in final form is submitted for approval to the public partner, according to its legal powers and duties.
ART. 106 – The standard content of the public-private partnership contract is structured in two sections:
a) general conditions, which include general terms, specific and common. In this section various items agreed between the public partner and the investor shall be legally formed;
b) technical conditions, that set the conditions for achieving the public-private project, identifies its main aspects, namely financing, construction, operation, profit, etc.
ART.107. – (1) General information of the public-private partnership contract include at least the following elements:
a) the parties with their legal identification data;
b) the aim of the contract;
c) the duration of the contract;
d) the commencement of the contract;
e) property rights;
f) confidentiality;
g) rights to exploit the property.
(2) The general conditions of the public-private partnership contract include at least the following specific terms:
a) the public-private project implementation custody;
b) the amount of funding;
c) ways of financing;
d) ways to ensure the free trade;
e) acceptable changes in the project;
f) land purchase, if any;
g) the assurance of exclusive rights, if any;
h) compensation formulas, if applicable;
i) the tax and fee regime;
j) special guarantees;
k) ways of highlighting and using public property with which the private partner participates in the project company;
l) defining of the financial warrantees and currency risk;
m) prohibition of the substitution of the parties;
n) monitoring the design, construction and operation of public-private project, and other activities covered by the public-private partnership contract;
o) the right of the users;
p) cases of suspension or early termination of the contract;
q) liaison and communication procedures;
r) procedures for documents review;
s) establishing the participation quotas of the public partner and the investor in the project company;
ş) establishing the fixed-term of the public-private partnership contract;
t) the establishing conditions of the project company;
ţ) the basic elements of the project company status as a basic document for the registration of the company resulted;
u) the establishment of reduction in value base;
v) other funding mechanisms and financial auditing during the operation of the public-private project;
w) monitoring procedures of attainment of the objectives of the public- private project;
x) the way of returning the investment by each party to the contract;
y) the way of transfer to the public partner of the property resulted from the public-private partnership project at the end of the contract;
z) the establishment of specific commitments of the parties;
aa) the conditions of realization of the feasibility study;
bb) withdraw clauses from the project;
cc) penalties for the situation that does not meet/comply with the objectives/terms/conditions set by contract.
(3) General conditions include also the following common terms:
a) the applicable law;
b) the property insurance;
c) the contract termination;
d) force majeure;
e) ways of resolving the disputes.
ART. 108
(1) The technical requirements contained in the public-private partnership agreement include the following financial issues:
a) invested capital or, where appropriate, initial subscribed and paid capital;
b) debt-equity ratio, if applicable;
c) coverage rate, if applicable;
d) working capital;
e) dividends, if any;
f) stand-by credit facilities, if any;
g) other agreements between shareholders;
h) the applicable rate of interest;
i) currency loans and funding sources
(2) The technical requirements include the following clauses of the construction or modernization, as appropriate:
a) standards and specifications
b) designed lifetime;
c) the maximum construction or modernization period;
d) methods of entry into service;
e) construction quality standards;
f) the acquisition of materials;
g) building characteristics;
h) applicable construction technology;
i) ancillary works program, if applicable;
j) temporary requirements, guarantees and constructive precautions.
(3) The technical requirements contained in the public-private partnership contract include the following clauses of exploitation and operation:
a) performance specifications;
b) minimum demand;
c) infrastructure capacity;
d) direct measurement of use methods;
e) security;
f) accounting, records and the access to them;
g) equipment specifications;
h) control and inspection procedures;
i) operation methods.
(4) The technical requirements contained in the public-private partnership contract covers the following economic and financial clauses:
a) the fees/tariffs level and their perception;
b) the period charging the fees/charges, if any;
c) the frequency and updating criteria of the fees/charges, if any;
d) income distribution, if any;
e) foreign currency income, if any;
f) guarantees for minimum demand;
g) tariff structure, if any;
h) escrow banking arrangements, if necessary.
ART.109 – (1) The form and the content of public-private partnership contract will be negotiated and finalized taking into account the above mentioned terms, which can be partially or fully developed in the content of the contract or to which more terms specific to the public-private partnership project can be added;
(2) Throughout the evaluation of tenders/letters of intent, and also during the negotiations, the public partner is required to consult with UCCPPP, following the provisions of the Manual on Public Private Partnership deficit and government debt issued by the European Commission – EUROSTAT, so the investment in question will not affect the budget deficit.
(3) Before signing the contract, the public partner will send the project agreement to the National Institute of Statistics, for analysis and Eurostat consultation on budgetary treatment of the expenditure involved in public private partnership project.
CHAP. XII
Final provisions
ART.110 – According to art. 24 of Law no. 178/2010 as amended and supplemented, the public partner is required to publish the notice of election and the attached document in SEAP and, where appropriate, the Official Journal of the European Union in all cases where the estimated public-private partnership contract to be performed is equal to or greater than the thresholds laid down in Article 51par. (1) of Law 178/2010, further amended and supplemented; SEAP makes available to the public partner, by providing a new stream of specialized information, technical support for a complete transparency of the procedure of establishing the private partner, including the selection notice, the attached document to the notice of selection, clarifications requested by private investors, the deadline for receipt of tenders/letters of intent, the selection phase, the negotiation phase and the awarding of the public-private partnership.
ART. 111 – (1) SEAP implements and operates on a national level a new specialized information flow named “public-private partnership”, which provides the necessary electronic support for the publication of the letter of intent and of the afferent documentation of transparency ensuring of public-private partnership project procedure.
(2) SEAP communicates to the public partners the way of applying the procedure of using SEAP for public-private partnership, and also specifies the forms.
ART. 112 – The public partner must follow the SEAP procedures, register and submit their information in accordance with the provisions of chapter. II of the Implementation Rules of the provisions relating to the award of public procurement by electronic means from the Emergency Ordinance no. 34/2006 on awarding public contracts, public works and services concession contracts, approved by Government Decision no. 1.660/2006, as amended and supplemented.
ART.113 – The SEAP operator is required to publish the notice of selection and the attached document for ensuring the transparency of the procedure of public-private partnership project within two working days from the receiving the publication accept from UCCPPP.
ART. 114 – If, by technical reasons, SEAP operator does not have the possibility of transmitting a particular ad for publication in the European Union Official Journal, the public partner is responsible to dispatch the notice for publishing by its own means. The SEAP operator is required to notify the public partner regarding to the occurrence of such situations within one working day from finding the technical reason.
ANNEX 1
to methodological norms
The list of key documentation behind the public-private partnership project
and the skills for its approval
The main documents underpinning the public-private partnership project are developed and approved during the election by the public partner of an interested private investor, with whom sets up the project company. In principle, by the powers given by the law to the public partners, those documents are divided into the following three categories:
1. Documents designed and developed by the public partners (proposed for approval):
*T*
*Font 8*
|
Public |
Local |
County |
Primary |
County |
Executive |
Govern |
Minis |
Administration |
|
|
Feasibility or |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
The attached |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Selection |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Framework |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Negotiation |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Final |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
The PPP |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Other |
. |
. |
x |
x |
x |
. |
x |
x |
2. Documents to be approved by the competent public partners:
*T*
*Font 8*
|
Public |
Local |
County |
Primary |
County |
Executive |
Govern |
Minis |
Administration |
|
|
Feasibility or |
x |
x |
. |
. |
. |
x |
. |
x |
|
|
The attached |
x |
x |
. |
. |
. |
x |
. |
x |
|
|
Negotiaion |
x |
x |
. |
. |
. |
x |
. |
x |
|
|
Final |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Negotiation |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Final |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
The PPP |
. |
. |
x |
x |
x |
. |
x |
x |
|
|
Other |
. |
. |
x |
x |
x |
. |
x |
x |
*ST*
3. Documents to be prepared, if necessary, by the private investor or the project company:
– feasibility study for the proposed public-private partnership project;
– the business plan for the period of the public-private partnership contract;
– other documents.
ANNEX 2
to methodological norms
REPEALED
ANNEX 3
to methodological norms
– Example –
PROJECT FRAMEWORK AGREEMENT
The present project framework agreement enters into force on the date ……..and it is concluded between……/[the public partner (name, address, representation)] /……………………, further named the public partner, and ………./[ investor or investors association leader (name, address, representation)] /…………………….., further named investor.
Partners listed above are collectively named parts or individual partners.
Considering that:
A. Public partner is determined to achieve ………………………/ (The project is nominated.) /………………………., further named The Project.
B. The public partner intends the project to be conducted on a public-private partnership contract in accordance with law, and for this purpose has selected a number of potential investors that in his opinion and the based on documents supplied on its own responsibility of interested investors, are capable of project implementation, among them being the investor.
C. The investor in its own name and taking responsibility jointly with any and all his partners and subcontractors listed in the annex to this agreement and with other partners or subcontractors that may be involved in the Project is ready to procure financial resources and techniques to achieve the Project.
D. In order to implement the Project, the investor is ready to enter into negotiations with the public partner and, to conclude a contract for public-private partnership aiming to achieve the Project on the terms required by the public partner, the parties agree as follows:
1. The public partner’s obligations
The public partner has the following obligations:
a) to achieve on his expense a pre-feasibility or foundation study, that have to represent the basis of negotiation of a public-private partnership contract;
b) to provide the investor for consultation the intermediate reports and final report of the pre-feasibility or foundation study;
c) to designate a negotiating team to cover the technical, commercial/financial and legal aspects of the Project;
d) to facilitate the investor access to any data, information, studies, statistics and, in general, any document that could clarify any of the technical, economic and financial aspects of the Project;
e) to support the investor in the process of clarifying the status of properties that will be included in the Project or that facilitate access to them;
f) to take all measures he considers necessary for the smooth running of the negotiations;
g) to respect the absolute confidentiality during negotiations and protect, where appropriate, the copyright resulting from the proposals or solutions offered by the investor.
2. The investor’s obligations
The investor has the following obligations:
a) to designate a negotiating team to cover the technical, commercial/financial and legal aspects of the project and grant it full powers to negotiate;
b) to negotiate in good faith and within the time fixed by this framework agreement on project;
c) to purchase and/or make available to the public partner, at his request or on its own initiative, all the documents available to clarify any point of negotiation;
d) to make available to the public partner all the results of his visits on the field, of the measurements, inspections and generally all the data which, in his opinion, could complete the projected image;
e) to respect the absolute confidentiality during negotiations and protect, where appropriate, the copyright resulting from the proposals or solutions offered by the public partner;
f) to return all the studies, documents, reports or other similar made available by the public partner;
g) to immediately inform in writing the public partner about any change in his statute or his associates and subcontractors, about his financial position, the appearance of a conflict of interest and generally, about any situation that brings a change of the elements included in the letter of intent or detrimental in any way the negotiations.
3. The duration of the project framework agreement
3.1. This Project Agreement enters into force on the date of signature and ends on the date ………, whether or not the parties finalize negotiations or if the parties reach or not the conclusion of a contract of public-private partnership.
3.2. Calendar of negotiations is attached to this framework project agreement and forms integral part of it.
3.3. This project framework agreement automatically ceases the applicability upon the entry into force of the public-private partnership contract, if this occurred before the time limit mentioned in the clause 3.1.
4. Organizational clauses
4.1. The parties undertake to analyze and decide the establishment of a project company.
4.2. The Parties agree to negotiate the memorandum of the new company and to establish the relations between this company and parts until reaching the agreement term of the public-private partnership.
5. Special clauses
5.1. It can’t be claimed back to the public partner any costs associated directly or indirectly in connection with the performance of this agreement framework project.
5.2. All information, studies, documents, summaries, computer programs, graphics, presentations, maps, plans and others alike available to investors by the public partner are and remain exclusive property of the public partner. Copying, duplication or their distributions by the investor by any means are strictly prohibited.
6. Other clauses set out in accordance with the law
7. The language of framework project agreement
The language framework governing the project agreement is Romanian language.
8. Letter of intent submitted and assumed by the investor in the name and on behalf of all partners and subcontractors is attached to the present project framework agreement forms an integral part of this.
Hereby, the parties have signed this framework agreement project as follows:
For and on behalf of the public partner,
…………………….
…………………….
(signature)
For and on behalf of the investor,
……………………………….
(signature)
Date ………….
ANNEX 2
(Annex no. 1 on Government Decision no. 34/2009)
The maximum number of posts = 1845 posts (excluding officials and positions within the cabinet of the Minister)
ORGANIZATIONAL STRUCTURE
of the Ministry of Public Finances
————–
NOTE(CTCE)
Organizational structure of the Ministry Public Finances, be found in the Official Gazette, Part I, no. 833 of 13 December 2010, page 29 (see the associated image).
——-
Annex
(Annex no. 4 to methodological norms)
DEFINITIONS OF CERTAIN TECHNICAL SPECIFICATIONS
For the purposes of this decision:
1. (a) through technical specifications one may understand that when it comes to public-private partnership contracts of works, all technical indications contained in particular in the attached notice for the selection, which define the characteristics required for a material, for a good or a product and which enables them to match the use of the public partner. These characteristics will include levels of the environmental performance, the design for all requirements (including access for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labeling, and also the process and production methods. The features also include rules of design and work calculation, the testing, control and receiving of the works conditions, also the techniques or methods of construction and all other technical conditions which the contracting authority is able to provide by general or specific regulations in terms of completed work, materials or their components;
(b) through technical specification one may understand that when it comes to public-private partnership contracts for goods and services: a specification mentioned in a document that defines the required characteristics of a product or service, quality level, the level of environmental performance, the design for all requirements (including accessibility for disabled persons) and conformity assessment, of performance, product use, its safety or dimensions, including relevant requirements of the product which is marketed under a name, terminology, symbols, testing and test methods, packaging, marking and labeling, use instructions, production processes and methods and conformity assessment procedures;
2. through “standard” one may understand a technical specification approved by a body designated by standards for repeated or permanent use, which is not compulsory and which falls into one of the following categories:
– International standard: a standard adopted by an international standards organization and made available to the public
– European standard: a standard adopted by an European standards organization and made available to the public
– National standard: a standard adopted by a national standards body and made available to the public;
3. through “European technical approval” one may understand a favorable technical assessment of the usability of a product for a purpose, based on the basic requirements for construction, according to the intrinsic characteristics of the product and the conditions of application and use. European technical approvals are issued by a body designated for that purpose by the member state;
4. through “common technical specification” one may understand a technical specification developed in accordance with a recognized procedure by the member states and published in the Official Journal of the European Communities;
5. through “technical reference” one may understand any product produced by European standardization bodies, other than official standards, according to a procedure adapted to evolving market needs.
Dita Von Teese Launches Exclusive Dress Collection at David Jones MELBOURNE, Australia, Oct. 6, 2011 /PRNewswire/ Australian brand development company lime door brands today announces christian louboutin replica David Jones as the exclusive Australian retailer of Dita Von Teese Muse, the limited edition dress collection designed by the international style icon herself. Dita Von Teese Muse louboutin replica is the epitome of classic retro glamour with a launch capsule collection that features five fabulous pieces, including vintage inspired dresses and a tulle layered trench coat. Each dress includes couture detailing and grosgrain ribbon that cinches the waist to create a svelte feminine silhouette for which the fashion muse is so renowned. The collection showcases traditional features such as in built corsetry, silk Crepe de Chine lining and silhouettes that are carefully constructed to suit the female form. The pieces are united by a classic colour palette, which includes backstage black, ruby lips red and a stunning original rose replica christian louboutin print. Dita Von Teese
Articles Connexes：
table, succeeds with creative updates to such comfort food favorites as “Quack Cheese,” burgers ground with pork roll, and more ambitious dishes http://www.ecotechninja.com/ that don’t necessarily all include duck. Consistency is still an issue, as is fine tuning the concept, but these eager young restaurateurs did well correcting any gaffes in meal, and show potential to become http://www.klokani98.cz/administrace/?p=3474 pioneers http://www.losandeshoy.cl/cheap-jerseys-cheap-wholesale-jerseys-free-shipping-8pm31-wholesale-jerseys-from-china/ for a new wave in the old Northeast.MENU http://www.integritywindows.co.in/ HIGHLIGHTS Quack cheese; chorizo mac; General Tso’s wings (and tacos); duck fries; cauliflower soup; deconstructed French onion soup; fried tri color cauliflower; pork roll burger; house grind burger; wild boar meatloaf; sweet potato gnocchi; scallops with barley salad; ras el hanout http://www.studiohaan.nl/?p=109 cobia with sunchoke risotto; Mason jar cheesecake.BYOB A good craft beer http://www.octaneoc.org/ womens rod streater elite jersey or a hearty red wine are nice choices to http://netlabelsnews.org/ pair with the richness of Blue Duck’s updated comfort food.WEEKEND NOISE Hard surfaces and big crowds make for http://smartenupnas.com/ a 92 decibel din on http://www.usp.br/noah/?p=2021 busy nights. Midweek tends to be calmer, http://www.deocn.com/?p=1320 in the conversation friendly
Woman claiming to be John O’Quinn’s widow takes estate battle to court HOUSTON Famed Houston http://www.holle.com.hk/cheap-jerseys-cheap-nfl-jerseys-free-shipping-0tq41-wholesale-jerseys-from-china/ attorney John O Quinn left his vast fortune to charity, but Friday a http://performancevistas.org/?p=1114 Houston woman will go to court to fight for some of his money.Now attorneys for Darla Lexington, a woman who says she http://www.inspirecareers.org.uk/?p=2344 was O Quinn s common law wife,claim she is entitled http://nasbi.org.ph/?p=1419 to half of the community estate during http://dwll.in/blog/?p=545 the six years http://www.mobiledatasolutions.ca/ they were married.They became deeply committed in 2003 and lived as husband and wife from that point http://blog.yipiii.co.uk/2015/cheap-jerseys-cheap-jerseys-china-free-shipping-4tn12-wholesale-jerseys-from-china/ forward, said Lexington s attorney, Jimmy Williamson.According to Williamson, the couple became engaged in 2001 at the Houston Grand Opera and had a private marriage ceremony, ona http://www.hypnotranquility.com/blog/complementary-alternative-medicine-and-hypnosis/cheap-jerseys-mlb-jerseys-free-shipping-6ef18-wholesale-jerseys-from-china/ ranch that O Quinn owned, in 2003.According to court documents filed by Lexington s attorney, the couple wore wedding bands and O Quinn referred to Lexington as his wife.It s absolutely outrageous to claim http://www.melorita.com/blog/?p=802 that Darla http://blog.aixlesbains.com/cheap-jerseys-wholesale-jerseys-free-5jq015-wholesale-jerseys-from-china Lexington owns no property. She has automobiles, art, furnishings, books many, many of which were gifts from John O Quinn, said http://www.edrants.com/ Williamson.Dale
Alcuni peccati dimenticati www Nel Catechismo Maggiore del Papa san Pio X sono riportati i seguenti quattro peccati che gridano http://aerobiceletmod.hu/?p=1328 vendetta al cospetto di http://buildbot.com.br/blog/ Dio:In ambito cattolico, http://blucel.co.uk/ molto si http://thespark.blue-glue.com/ parla, e con giusta ragione, http://chefbook1.thecoconutgrind.lk/cheap-jerseys-wholesale-jerseys-free-shipping-8br24-wholesale-jerseys-from-china/ dei primi due: l’omicidio volontario, soprattutto se perpetrato contro http://www.drivecricket.com/ vittime innocenti e indifese (vedi l’aborto) e il peccato dei sodomiti, che gli avvenimenti attuali pongono al centro dell’attenzione. Invece del terzo e del quarto si parla http://www.praiadolaranjal.net/663-cheap-jerseys-nfl-jerseys-free-shipping-5ei48-wholesale-jerseys-from-china.html ben poco, troppo poco. Proponiamo http://communitymonitors.net/ innanzitutto i brani della Scrittura che richiamano l’oppressione dei poveri e il defraudamento della mercede, e notiamo come si menziona espressamente il grido degli offesi che http://kwplugin.tabnet.eu/cheap-jerseys-nfl-jerseys-china-free-shipping-5ta01-wholesale-jerseys-from-china/ viene ascoltato da Dio. (Es 3, 7,9) Il Signore disse: “Ho osservato la miseria del mio popolo in Egitto e ho udito il suo grido a causa dei suoi sorveglianti; conosco infatti le sue sofferenze. Ora dunque il grido degli Israeliti è arrivato fino http://www.theagitator.com/ a me e io stesso ho visto l’oppressione con cui gli Egiziani li tormentano”
holidays no one else has, burning oil derricks and pipes everywhere like it’s the http://www.mena-post.com/?p=23089 set of Lost, everyone carries guns, every politician is literally in jail, voodoo, astonishing levels of crime in http://www.securiteconso.org/cheap-jerseys-nhl-jerseys-free-shipping-8sh24-wholesale-jerseys-from-china/ a system with for profit prisons, airboats, alligator hunting, a climate no one should even be alive in, much less live in, and everyone acts like it’s TOTALLY NORMAL. Which of the following is LESS http://20000above.com/?p=670 likely to occur: 1. A week before the Super Bowl, the best player on one of the Super Bowl http://www.kww.lt/?p=1641 teams is kidnapped and secretly held hostage without being returned prior to kickoff. 2. A former NFL player blows a potential game winning http://www.sabernomics.com/sabernomics/ Super Bowl play for his team, is vilified http://www.schiavello.com/ by http://azscience.org/blog/?p=1300 said team’s fan base, and ultimately escapes the spotlight by successfully faking his death and getting a sex change? By now, you surely realize I am talking about the plot of Ace http://www.theagitator.com/ Ventura, Pet Detective. My friend and I watched it last night and had an hour long debate on this subject. If you were suddenly transported back 1000 years, do you understand current technology and knowledge enough to be able to recreate any of it, or convince anyone of its truth? After 10 minutes of thought I think I’m limited to drawing a picture
per Bridgestone a Spa. Prima dell’ingresso in Formula Uno nel 1997 il marchio Bridgestone non era così conosciuto, mentre ora abbiamo raggiunto eccellenti http://asaustin.org/ risultati http://www.homea.ru/?p=594 in tutta Europa”. Il Responsabile Sviluppo Bridgestone Motorsport, Hirohide Hamashima, analizza invece il tracciato del prossimo appuntamento: “Spa Francorchamps è un circuito veloce ed http://www.viviendodeprisamty.mx/?p=2689 è il più lungo cheap nfl jerseys from china tra quelli inseriti nel calendario della Formula Uno. Presenta alcune sfide tecniche interessanti nel corso del giro singolo. Ci sono http://shadday777.com/ settori molto lunghi da percorrere a velocità elevate, con curve veloci. Nel corso di ciascun giro i pneumatici sono sottoposti a pesanti carichi ed è un tracciato http://thebikeshed.dev123.eu/2015/09/16/cheap-jerseys-cheap-jerseys-free-9mn636-wholesale-jerseys-from-china/ troppo severo per utilizzare il pneumatico con mescola super soft. La curva Eau Rouge è particolarmente http://www.pz2.edu.pl/blogchemikow/?p=536 impegnativa e la compressione in fondo alla curva a velocità sostenuta comporta un http://601bisang.com/archives/16566 pesante carico sui pneumatici
10 Tips For The Best Customer Support Service Make sure wholesale oakleys you respond to your customers’ queries and complaints instantly. If the solution can’t be arrived at the instant, let them know and get back to them at the earliest. Every hour of delay risks you losing the one that can’t be afforded. Promptly follow up before they get back to you: If you’ve assured your customer in getting back to them after replica oakleys resolving the issues, make sure you do it with a follow up call. This should be done irrespective of the solution has been arrived or not. In case of solution unreached, make them understand wholesale fake oakleys and ask for time. In this modern era, there are fake oakleys Sunglasses multiple channels to avail the assistance wholesale ray ban sunglasses instantly. Email, Live chat, Telephone, Social Media like Facebook, Twitter, etc. are some of the widely known options. Try to provide support on most possible channels if not all. This helps a lot to outreach your presence amongst your competitors. Stay fittest in your business. Just a few points, but then there are fake oakleys Sunglasses a lot to cover up the significance of providing the customer support services. Customer’s are the “Essence” of your business, indeed. Assisting them at right times in a right way is merely not a possible thing. Binding to the best professionals who are experts in serving the requirement will serve better. And, yes it is time to look for the best Customer support outsourcing services. Crossing the boundaries will give you a better chance in helping you to reach the heights!
new parents buy. Oh, and I personally bought 9 out of 10 of these dumb objects for my own wholesale discount oakleys first and only baby in 2005. So you not alone. I haven had my baby yet, but I disagree with some of these. 1. Bassinet. I have joint problems so going up and down the stairs every two seconds to check on the baby in their crib sounds both painful and impractical. So I be buying one of those, I actually considering a cheap ray ban buying a mini crib so I can use it longer. 2. Crib. If I considering buying one just for my first floor I think I going to need one for the nursery. 3. Baby tub. I have one regular sized tub and one giant monster one. I could use the regular one but I have discount ray ban online problems with balance and regularly slip in my tub. Doing that while holding a squirming, slippery infant sounds like a recipie for disaster. 4. Shoes. My baby will be a Hawaiian baby. So when we head to the mainland having naked feet just sounds painful when your used to constant warm weather. 5. Fancy clothes. Okay, fancy newborn clothes wholesale discount ray ban sound like a mistake
