Registered at the head office of the
contracting authority
no. _____/_____________
TENDERER
____________________
(name)
LETTER OF INTENT
To ________________________________________________
(name of the Contracting Authority and full address)
Following your invitation to tender no. ___________ regarding the organisation of the
procedure for awarding contract ………………., we______________________
herewith the following:
enclose
(name of the tenderer)
1. The document _____________________ (type, series/number, issuer) regarding the
tender guarantee, in the amount of and in the form established by you in the
documentation for preparing and presenting the tender;
2. The sealed and clearly marked package, containing in original and a number of
_____________ copies:
a) the tender;
b) the documents accompanying the tender;
Contact person (for this procedure)
Name
Address
Telephone
Fax
E-mail
We hope that our tender is appropriate and will meet your requirements.
Date _________________
Tenderer,
_____________________
(authorized signature)
TENDERER
__________________
(name)
EMPOWERMENT
The
undersigned
………………………………………………………………….
(name),
headquartered in ……………………………..(address of the economic operator), registered with the
Trade Register under no..…, sole registration code (CIF) ………, fiscal attribute …….....,
represented by………………………, as ………………………………., do hereby authorise
Mr/Ms.………………….……, domiciled in ……………………………………………, identified by
ID card/document series ……, no. ………, Personal Identification Code (CNP)
…………………………., issued by ……............................., on …………, holding the position of
………………………………………………, to represent us in the tender procedure organized by
........................ with the purpose of awarding contract.................................................
In fulfilling his/her agency, the agent shall have the following rights and obligations:
1. To sign all the papers and documents that stem from the undersigned regarding the participation in
this procedure (unless otherwise provided by the requirements in the Procurement Data
Sheet/Forms).
2. To participate in the procedure on behalf of the undersigned and sign all the documents resulted
during and/or after the procedure (unless otherwise provided by the requirements in the
Procurement Data Sheet/Forms).
3. To answer the requests for clarifications formulated by the Assessment Board during the
procedure.
4. To submit on behalf of the undersigned the appeals concerning the procedure.
Our agent is hereby fully authorised to engage the liability of the undersigned concerning all actions
and acts deriving from the participation in this procedure.
Note: The power of attorney shall be accompanied by a copy of the identification document of
the agent (ID document, ID card, passport).
I understand that in case this statement is not consistent with reality I am actionable under the
provisions of the criminal legislation concerning false statements and I agree with any decision of the
Contracting Authority concerning the exclusion from the procedure for awarding public procurement
contracts.
Date
………
………………………………..
(Specimen signature of the agent)
Name of the Principal
…………………………(Company’s name)
legally represented by
___________________________
(Surname, name)
___________________________
(Position)
___________________
(Authorized signature and stamp)
TENDERER
____________________
(name)
GENERAL INFORMATION
1. Name:
2. Tax Number:
3. Head Office Address:
4. Zip code:
5. Country:
6. Phone:
Fax:
E-mail:
7. VAT ID number:
8. Place of registration:
9. Date of registration:
10.Registration Code:
11. IBAN Code/Account number and Bank name:
12. Name and title of the legal representant:
Tenderer,
_______________
(authorised signature)
Form 1
TENDERER
____________________
(name)
STATEMENT OF ELIGIBILITY
Declaration of honour that the tenderer does not fall under the provisions of
art.180 of Government Emergency Ordinance (OUG) No.34/2006
1. I, the undersigned, authorized representative of _____________________________,
(name and head office/address of the candidate/tenderer)
declare on my honour, subject to the sanctions applied to false statements made in public documents,
that we are not in any of the situations provided in art.180 of Government Emergency Ordinance
No.34/2006 regarding the award of public procurement contracts, public works concession contracts
and services concession contracts.
2. I, the undersigned, declare that the information supplied is complete and accurate in every
detail and I understand that the contracting authority is entitled to request, in order to check and
confirm the statements, situations and documents accompanying the tender, any additional
information concerning our eligibility, as well as the experience, competence and resources at our
disposal.
3. I, the undersigned, hereby authorise any institution, company, bank, other legal persons to
supply information to the authorised representatives of the contracting authority
____________________________________________ concerning every technical and financial
(name and address of the contracting authority)
issue related to our activity.
4. This statement is valid until _________________________ .
(specify the date when the validity period of the tender expires)
I state at the same time that I have acknowledged the provisions of art 292 “False Statements” of the
Criminal Code concerning “The inappropriate statement of truth, made before a state entity or
institution or other unit among those referred to under art. 145, in order to determine a legal
consequence, for oneself or for another, when, according to the law or circumstances, the statement
made serves to determine such consequence, shall be punished with imprisonment from 3 months to
2 years or with fine”.
Date ____________
Tenderer,
_________________
(authorised signature)
Form 2
TENDERER
____________________
(name)
STATEMENT
that the tenderer does not fall under the cases set out under art.181
of Government Emergency Ordinance (O.U.G.) No.34/2006
I/We, the undersigned ____________________________, as tenderer in the open tender
procedure for awarding the public procurement contract having as object .............................., on
_____________, organised by ........................, declare on my honour that I/we:
a) am/are not bankrupt following a decision delivered by a bankruptcy judge;
c) have fulfilled my/our obligations to pay taxes, duties and social insurance contributions to the
component budgets of the general consolidated budget, in accordance with the legal
provisions in force in Romania;
c1) have fulfilled, in the last 2 years, my/our contractual obligations and have not faultily fulfilled
my/our contractual obligations, due to reasons attributable to me/us;
d) have not been convicted, in the last 3 years, by the final decision of a court of law, for a deed
which brought prejudices to professional ethics or for committing an error in the professional
field;
e) the information provided is complete and accurate in every detail and that I/we understand
that the contracting authority is entitled to request, in order to check and confirm the
statements, any substantiating documents at my/our disposal.
I/We understand that in case this statement is not consistent with reality I/we are actionable
under the provisions of the criminal legislation concerning false statements.
I/We state at the same time that I/we have acknowledged the provisions of art 292 “False Statements”
of the Criminal Code concerning “The inappropriate statement of truth, made before a state entity or
institution or other unit among those referred to under art. 145, in order to determine a legal
consequence, for oneself or for another, when, according to the law or circumstances, the statement
made serves to determine such consequence, shall be punished with imprisonment from 3 months to
2 years or with fine”.
Date __________
Tenderer,
_________________
(authorised signature)
Form 3
TENDERER
____________________
(name)
DECLARATION
of honour that the tenderer does not fall under the provisions of art. 691
of Government Emergency Ordinance No. 34/2006
I,
the
undersigned
______________________________,
as
____________
of_________________________ (name of the tenderer) – Tenderer/Tenderer within an
association/subcontractor/third supporting party in the open tender procedure for awarding the public
procurement contract for ................., organised by .............................., declare on my honour that:
- I/We do not have as members in the board of directors/management or supervisory body, any
persons holding decision-making positions within ............, according to the Annex hereto;
- I/We do not have any shareholders who are spouses, relatives up to the forth degree inclusive
with persons holding decision-making positions within ................, according to the Annex
hereto;
- I/We do not have any business relations, as provided under art. 69 letter a) of Government
Emergency Ordinance (OUG) 34/2006 with persons holding decision-making positions within
................., according to the Annex hereto.
I/We, the undersigned, declare that I/we shall inform the contracting authority forthwith if
changes occur in this statement at any point during the procedure for awarding the public
procurement contract or, in case I/we am/are declared winner/winners during the performance of the
public procurement contract.
I/We state at the same time that I/we have acknowledged the provisions of art 292 “False
Statements” of the Criminal Code concerning “The inappropriate statement of truth, made before a
state entity or institution or other unit among those referred to under art. 145, in order to determine a
legal consequence, for oneself or for another, when, according to the law or circumstances, the
statement made serves to determine such consequence, shall be punished with imprisonment from 3
months to 2 years or with fine”.
Date
Tenderer,
_________________________
(authorised signature)
Annex to Form 3
PERSONS HOLDING DECISION-MAKING POSITIONS
WITHIN THE CONTRACTING AUTHORITY
First and Last Name
Dr. Nicolae Victor Zamfir
Ec. Alexandru Popescu
Dr. Constantin Ivan
Dr. Mitica Dragusin
Position
Director General
Economic Manager
Technical and Administrative Director
Nuclear Safety Director
Form 4
CERTIFICATE
for participation with independent tender
I.
I/We, the undersigned, ________________________, legal representative/representatives
of __________________________, undertaking/association to be participating in the
public procurement procedure organized by _____________________, as contracting
authority, with no. ___________ of ___________, hereby certify that the information
contained is true and complete in every way.
II.
I/We hereby certify, on behalf of _____________________, that I/we:
1. have read and understood the content of this certificate;
2. agree to being disqualified from the public procurement procedure if my/our statements
prove to be untrue and/or incomplete in every way;
3. each signature on this document represents the person appointed to submit the tender,
including in connection with the terms contained in the tender;
4. for the purpose of this certificate, competitor shall mean any natural or legal person,
other than the tenderer on behalf of which we formulate this certificate, who submits a
tender within the same public procurement procedure or who might submit a tender,
complying with all tender conditions;
5. the tender submitted was conceived and formulated independently from any other
competitor, without any consultations, communications, agreements or arrangements
therewith;
6. the tender submitted does not include elements deriving from agreements between
competitors in terms of prices/fees, methods/calculation formulas thereof, the intention
to submit the tender or not for the respective procedure or the intention to include in the
respective tender elements which, by their nature, are not related to the object of the
respective procedure;
7. the tender submitted does not contain elements deriving from agreements between the
competitors in terms of quality, quantity, particular specifications of the products or
services offered;
8. the details given in the tender have not been communicated, directly or indirectly, to any
competitor before the official time of the public opening procedure, notified by the
contracting authority.
III.
Subject to the sanctions provided by the legislation in force, I/we declare that the
statements in this certificate are true and completely consistent with reality.
Tenderer,
________________
Date _____________
Form 5
(name of the bond issuer)
SAMPLE SECURITY INSTRUMENT
for participating with tender in the procedure for awarding the supply contract
To ___________________________________________
(name of the Contracting Authority and full address)
Considering the procedure for awarding the ______________________ contract (name of the contract), we__________________
(issuer’s name), having our headquarters registered at ___________________________ (issuer’s address), undertake towards
__________________ (name of the contracting authority):
[THE TENDERER HAS THE RIGHT TO CHOOSE ONE OF THE TWO OPTIONS BELOW – I. or II.]
I.
To honour unconditionally any request for payment from the contracting authority, up to _____ of the estimated contract value,
namely the amount of RON ___________ (in letters and in figures) upon its first written request and without it being bound to
motivate such request, when the contracting authority declares that the amount requested by it and due to it is caused by the
tenderer’s fault, one or several of the situations under letters a) – c) below being incident (the case of the bond enforced
unconditionally according to art.86 paragraph (3) letter b) of Romanian Government Decision (H.G.) no. 925/20006);
[OR]
II.
To honour conditionally any request for payment from the contracting authority, up to _____ of the estimated contract value,
namely the amount of RON ___________ (in letters and in figures) upon its first written request and after having acknowledged
the tenderer’s fault in accordance with the secured contract. The contracting authority shall stipulate in its request that the
amount requested by it and due to it is caused by the existence of one or several of the situations under letters a) – c) below (the
case of the bond enforced conditionally according to art.86 paragraph (3) letter a) of Romanian Government Decision (H.G.)
no. 925/20006)
a)
the tenderer _____________________ (name), has withdrawn its tender during its validity period;
b)
its tender being declared successful, the tenderer ___________________ (name) does not set up the performance bond
during the validity of the tender
c)
its tender being declared successful, the tenderer ___________________ (name) refused to sign the contract during the
validity of the tender;
This bond is valid until ______________.
Should the parties agree to extend the validity of the bond or to amend some elements of the tender having effects on this
commitment, our prior consent shall be obtained, otherwise this letter of guarantee shall lose its validity.
The law applicable to this tender bond is the Romanian law.
The Romanian courts of law are competent to settle any dispute arising in connection with this tender bond.
Date ............................
Stamped by the Bank/Insurance Company __________ on the _______st/nd/rd/th day of ______(month) __________(year)
(signature and stamp of the body issuing this tender bond)
Form 6
BENEFICIARY: “Horia Hulubei” National Institute for Physics and Nuclear Engineering, as
Contracting Authority
Address: 30 Reactorului St., Măgurele town, Ilfov county, Romania
LETTER OF BANK GUARANTEE FOR PERFORMANCE BOND
no. ...........................................
We refer to Contract no. ………./………… concluded by you as Purchaser and
……………… company as Supplier for the delivery of ……………. amounting to a total of
………….........
According to the conditions of the contract ……… company must submit a bank guarantee
amounting to …% of the contract value, meaning …....... covering the Supplier’s obligations stipulated
in art. ........ of the Contract.
In relation with the aforementioned, we, ……………. Bank, address ……......., hereby
undertake, irrevocably and unconditionally, to pay you up to the amount of …........ any amount
requested by you without any other formality than your simple request declaring failure by
….................... company to fulfil the obligations undertaken in art. ....... of the Contract.
We shall make the payment by virtue of this letter of bank guarantee waiving the benefit of
division and discussion, without being entitled to invoke – in order to oppose the payment requested
– any objection or exception from our behalf or from .................. company or currency restrictions
that ..…............... company might take advantage of and without being necessary that you bring an
appeal against .............…. company in a tribunal or arbitration and without being entitled to invoke a
possible legal action against us or you instituted by the release authority or by a third party.
The validity of this letter of guarantee expires on DD.MM.YYYY.
This letter of bank guarantee is subject to the Uniform Rules for Demand Guarantees –
Publication no. 758 of the International Chamber of Commerce, Paris (URDG) and is an autonomous
guarantee according to art.2321 of the Romanian Civil Code. Any dispute regarding this letter of
guarantee shall be settled amicably, otherwise, the related disputes shall be settled by the Romanian
competent courts.
Stamped by……………………………….. on the …. day of … …...(year).
Legal representative
(First name, last name and position)
Form 7
TENDERER
____________________
(name)
LIST OF MAIN DELIVERIES
IN THE LAST 3 YEARS
I, the undersigned, authorised representative of ____________________________________________
(name and head office/address of the economic operator)
declare on my honour, subject to the sanctions applied for false statements made in public documents, that the
data given in the attached table is real.
I, the undersigned, declare that the information provided is complete and accurate in every detail and I
understand that the contracting authority is entitled to request, in order to check and confirm the statements,
situations and documents accompanying the tender, any additional information in order to check the data
herein.
I, the undersigned, hereby authorise any institution, company, bank, other legal persons to supply
information to the authorised representatives of _______________________________________________
(name and address of the contracting authority)
concerning every technical and financial issue related to our activity.
This statement is valid until ________________________.
(specify the date when the validity period of the tender expires)
Tenderer,
_____________________
(authorised signature)
No.
Name and Object
of the Contract
+
Number and Date
of the Contract
0
1
CPV
Code
Beneficiary’s Name
+
Address
Capacity
within the
Contract*)
Total Price of
the Contract
(euro)
2
3
4
Total Price of
Share
the Contract
fulfilled by
(other
the Tenderer
currency**)
5
6
Contract
Period
Comments
7
8
1
2
.....
Tenderer,
_______________
(authorised signature)
_______
*) Specify the capacity in which the tenderer participated to contract fulfilment which may be: sole contractor or principal contractor (leader of the
association); contractor in association; subcontractor.
**) Specify the reference date for establishing the equivalent of such contract in foreign currency.
Form 8
(fill in only for relevant contracts)
TENDERER
____________________
(name)
SIMILAR EXPERIENCE
1.
2.
3.
Name and object of the contract:
Number and date of the contract:
Name of the beneficiary/client
Address of the beneficiary/client:
Country:
Capacity held during the performance of the contract:
□ sole contractor or principal contractor (leader of the association)
□ associated contractor
□ subcontractor
(check as appropriate)
4. Value of the contract
(given in the currency in which the contract was
concluded)
a) initial (on the contract signature date): ____________
b) final (on the contract completion date):
5. If there were any disputes regarding the performance of the contract, their nature, value in
dispute (EURO equivalent) and manner of settlement: ________________________________
6. Contract performance period (months)
a) contracted: __________
b) actually completed: _________
c) reason for shifting the contracted term (if applicable), which shall be sustained on the
basis of addenda concluded with the beneficiary:
7. Number and date of the acceptance certificate: ______________
8. Main remedies and completions inscribed in the acceptance certificate: ____________
9. Other relevant aspects whereby the tenderer sustains a similar experience: ______(specify
explicitly the activities rendered for an easy identification of the manner in which the
minimum qualification requirements mentioned in the Procurement Data Sheet are met).
Tenderer,
_________________
(authorized signature)
Annexes: Supporting documents to prove the above mentioned.
Form 9
INFORMATION REGARDING THE ASSOCIATION
Title of the Contract: .................................................................
I, the undersigned,..........................................................................................(surname/ name)
........................................................ (identification information), authorized representative of
..........................................................................................................................................................
(name of the tenderer)
in my capacity as tenderer in the open tender procedure for awarding the public procurement
contract declare on my honour, subject to the sanctions applied to false statements made in public
documents, that the information below is real.
1
Name of the leader .....................................................................,
2
Agency/ Subsidiary / Branch of the leader in the country of the Contracting Authority, if applicable
Head office address...........................................................................
..................................................................................................
Phone ..............................Fax..............................E-mail.............
3
Name, address and contact information (phone, fax, e-mail) of the members of the association
a)..............................................................................................
b) ..........................................................................................
c) ..........................................................................................
Etc. ............................................................................................
Date ………………………
Tenderer,
......................
(authorized signature and stamp)
ASSOCIATION AGREEMENT
for participating in the procedure for awarding the public procurement contract
This Association Agreement is legally based on art.44(1) of Government Emergency
Ordinance (OUG) no. 34/2006, as further amended and supplemented, approved by law no.
337/2006.
1. Parties of the Agreement:
______________________________, represented by _________________, as ___________
(name of the tenderer, head office, telephone)
and
________________________ represented by_________________, as_____________________
(name of the tenderer, head office, telephone)
2. Object of the Contract:
2.1 The members of the association have agreed to jointly carry out the following activities:
a) to participate in the public procurement procedure organized by ________________________
(name of the Contracting Authority)
for awarding contract _______________________________________
(object of the contract/framework agreement)
b) to jointly perform the public procurement contract if the joint tender is declared successful
2.2 Other activities to be jointly carried out:
1. ___________________________________
2. ___________________________________
… ___________________________________
2.3 The financial/technical/professional contribution of each party in the performance of the public
procurement contract is:
1._______ % ___________________________(Company’s name)
2._______ % ___________________________(Company’s name)
2.4 The distribution of the benefits or losses resulted from the joint activities carried out by the
members of the association shall be made in proportion to the share of participation of each
associate, namely:
1._______ % ___________________________(Company’s name)
2._______ % ___________________________(Company’s name)
3. Duration of the Association
3.1 The duration of the association set up based on this agreement is the same as the period of the
award procedure and it shall be extended according to the contract fulfilment period (if the
association is declared as the winner of the tender procedure).
4. Conditions for Administering and Managing the Association:
4.1 ________________(Company’s name), in its capacity as leader of the association, is
empowered to prepare the joint tender, to sign and submit it for and on behalf of the association set
up by this Agreement.
4.2 ________________(Company’s name), in its capacity as leader of the association, is
empowered to sign the public procurement contract for and on behalf of the association set up by
this Agreement (if the association is declared as the winner of the tender procedure).
5. Termination of the Association Agreement
5.1 The association ceases its activity as a result of the following causes:
a) the expiry of the period for which the agreement was concluded;
b) the failure to fulfil or the inappropriate fulfilment of the activities provided under art.2
hereof;
c) other causes stipulated by the law.
6. Communications
6.1 Any communication between the parties is validly fulfilled if made in writing and submitted to
the address/addresses _______________________, provided under article _________.
6.2 The members of the association may mutually agree on other means of communication.
7. Disputes
7.1 The disputes arising between the parties shall be settled amicably, otherwise they shall be
settled by the competent court of law.
8. Other clauses:____________________________________________
This agreement is concluded in ____ original counterparts, one for each party, this ..... day of
..........(month) ............(year) (date of its signing).
Leader of the Association:
______________________
MEMBER OF THE ASSOCIATION 1,
___________________
MEMBER OF THE ASSOCIATION 2,
___________________
Form 10
TENDERER
____________________
(name)
STATEMENT
REGARDING THE PART/PARTS OF THE CONTRACT FULFILLED BY
SUBCONTRACTORS AND THEIR SPECIALIZATION
I, the undersigned, authorized representative of _______________________________,
(name and head office/address of the tenderer)
declare on my honour, subject to the sanctions applied to false statements made in public
documents, that the data given in the attached table is real.
I, the undersigned, declare that the information supplied is complete and accurate in every
detail and I understand that the contracting authority is entitled to request, in order to check and
confirm the statements, situations and documents accompanying the tender, any additional
information concerning my/our eligibility, as well as the experience, competence and resources at
my/our disposal.
I, the undersigned, hereby authorise any institution, company, bank, other legal persons to
supply
information
to
the
authorised
representatives
of
_____________________________________________________________________
(name and address of the contracting authority)
concerning every technical and financial issue related to our activity.
No.
Name of the Subcontractor
Part/Parts of
contract to be
subcontracted
Tenderer,
________________
(authorized signature)
Subcontractor Agreement
with specimen signature
Form 11
TENDERER
____________________
(name)
TENDER FORM
To ..............................................................................................................................................
(name of the contracting authority and full address)
Dear Sirs,
1. Examining the award documentation, we, the undersigned, representatives of the
tenderer _______________________________________ we offer, in accordance with the
(name of the Tenderer),
provisions and the requirements contained in the above-mentioned documentation to design,
manufacture, deliver, install, test, commission and provide maintenance during commissioning
__________________________________________, for the amount of EUR _______________
(name of the works)
(amount in figures)
to which the value added tax will be added amounting to EUR ______________,
(amount in figures)
2. We undertake, if our tender is the declared successful, to perform the contract in accordance
with the requirements of the Contracting Authority and the obligations undertaken in the Technical
Proposal.
3. We undertake to keep this tender valid for a period of __________________________days,
(duration in letters and figures)
namely until _____________________, and it shall remain compulsory for ourselves and may be
(day/month/year)
accepted at any time before the expiry of the validity period.
4. Until the conclusion and signing of the public procurement contract, this tender, together with
the notice sent by you, whereby our tender is declared successful, shall represent a binding
agreement between us.
5. We stipulate that:
|_| we submit an alternative tender, the details of which are presented in a separate tender form,
clearly marked as “alternative";
|_| we do not submit an alternative tender.
(check as appropriate)
6. We have understood and agree, in case our tender is declared successful, to set up the
performance bond in accordance with the provisions in the award documentation.
7. We understand that you are not obliged to accept the lowest price tender or any other tender you
might receive.
Date _____/_____/_____
_____________, as _______________, legally authorised to sign the tender for and on behalf of
____________________________________.