Ministry of Foreign Affairs

MINISTRY OF FOREIGN AFFAIRS

DESIGN, CONSTRUCTION, FITTING-OUT, MAINTENANCE AND DEMOLITION/DISMANTLING

OF THE ROMANIA PAVILION AT EXPO MILANO 2015

ACQUISITION DATA SHEET

SECTION I: CONTRACTING AUTHORITY

I.1.1. NAME, ADDRESS AND CONTACTS

Name: MINISTRY OF FOREIGN AFFAIRS–Public Procurement and Administrative Department (DAPA)
Address: Blv.Aviatorilor no. 50, District 1, Bucharest
City: Bucharest / Postal code: 011864 / Country: Romania
Contact: Mr. Dan CARBARAU
In attention of: Director DAPA / Telephone: +4021-4311870
+4021-4311872
E-mail:; / Fax: +4021-3102179
Web pages of the contracting authority
Web page of the Contracting Authority:
Profile of the purchaser: Contract notice no. 155066/25.10.2014
JOUE notice no. 2014 /S 208-367 806

I.1.2.Supplementaryinformation may be obtained from:

Name: MINISTRY OF FOREIGN AFFAIRS - International Exhibitions Unit (UPEM)
Address: Str. Ermil Pangrati no. 20, District 1, Bucharest
City: Bucharest / Postal code: 011884 / Country: Romania
Contact: Mr. Florin SILITRA
In attention of: International Exhibitions Unit / Telephone: +4021-301.94.45
+4021-301.94.43
E-mail: / Fax: +40374 463 083
Web page of the Contracting Authority: section “Romania at Expo Milano 2015”

I.1.3.The tenders must be submitted to :

Name: Consulate General of Romania in Milano
Address: Via Gignese, 2, 20148 Milano
City: MILANO / Country: ITALY
Contact Point: SECRETARIAT / Telephone: +390240098088, +39 0240074018
E-mail: / Fax: +39 2 40074023
Internet Address (URL):

Deadline for submission of the tenders: 20.11.2014, 10:00 AM hour (Milano)

Date/hour of opening the tenders: 20.11.2014, 12:00 AM hour (Milano)

Any interested economic operator has the right to request clarifications on the tender documentation. The request for clarifications should be addressed in written form, to the address of the contracting authority(I.1.1.) by fax, e-mail or post/currier services.
The economic operators shall transmit the requests for clarifications no later than 9 days before the deadline for submitting the tenders.

I.2) TYPE and MAIN ACTIVITY OF THE CONTRACTING AUTHORITY

■ ministries or other central public authorities
including those subordinated at regional or local level
□ national agencies
□ local authorities
□ other institutions governed by public law
□ European institution/ international organisation
□ other institutions (specify) ______/ ■ central public services
□ defence
□ public order / national security
□ environment
□ economic financial
□ health
□ constructions and territorial planning
□ social protection
□ culture, religion and entertainment
□ education
□ other (specify)______
The contracting authority acts on behalf of other contracting authorities / YES □ NO ■

SECTION II: OBJECT OF CONTRACT

II.1) DESCRIPTION

II.1.1) Name of contract:
Design, construction, fitting-out, maintenance and demolition/dismantling of the Romania Pavilion at Expo Milano 2015.
II.1.2) Type of contract and execution place
(a) Works ■ / (b) Products □ / (c) Services □
Construction □
Design and construction ■
Execution by any means according to the requirements specified by the contracting authority □ / Purchase □
Leasing □
Lease □
Lease with the option of purchase □
Combination
of the above □ / Category of service: no. □ □
Main site of work
Milano, Italy / Main place of delivery
Milano, Italy / Main place of performance
Milano, Italy
II.1.3) The procedure imply
Public contract: ■
Conclusion of a framework agreement: □
SAD (Dynamic system of acquisition): □
II.1.4) Framework agreement information: NOT APPLICABLE
II.1.5) Short description of the contract
The scope of the Contract is the design, construction, fitting-out, maintenance and demolition/dismantling of the Romania Pavilion at Expo Milano 2015.
The estimated value of the contract is 1.700.000 Eurowithout VAT, from which 80.000 Euro without VATrepresents contingency in the amount of 5% from the estimated value of the contract.
The estimated value of the design stage is 72.000 Euro without VAT.
The estimated value of the works stages is 1.548.000 Euro without VAT.
II.1.6) CPV classification
Main vocabulary / Supplementary vocabulary
Main object / 45212600-2 Pavilions construction works
Supplementary objects / 71220000-6 Architectural detail design 45300000-0 Building installation work 32322000-6Multimedia equipment
50000000-5 Repair and maintenance services
45111100-9 Demolition work
II.1.7) Contract is under the incidence of the Agreement regarding public acquisition contracts YES □ NO ■
II.1.8) Division into lots YES □ NO■
II.1.9) Variant tenders are accepted YES □ NO ■

II.2) QUANTITY OR DETAILED SCOPE OF THE CONTRACT

II.2.1) Total quantity or detailed scope of the Contract
In order to execute this Project, the Contractor shall have the obligation to perform the following works, in full accordance with the applicable Italian legislation as well as with the General and Special Regulations, Participation Guide and any other general or special documents issued by Organisers regarding the Expo Milano 2015:
-architectural, structural, mechanical and electric design of the Romania Pavilion in accordance with the architectural solution provided to the tenders by the Employer;
-execution of all construction works of the Romania Pavilion,respecting the foundation executed by the Organisers of Expo Milano 2015;
-interior/ exterior fitting-out of the Romania Pavilion, according to the Employer’s specifications;
-supply of the Pavilion with the goods and equipments mentioned in the tender book;
-maintenance of the Romania Pavilion throughout the exposition duration by provision of any repairs required during the regular use of the Pavilion, as well as cleaning services of the Pavilion, except commercial spaces, waste management, and maintaining the outdoor landscape;
-demolition/dismantling of the Romania Pavilion, subsequent to the end of the Exposition;
-vacation and restoration of the allocated plot, subsequent to demolition/dismantling of the Pavilion, so that the plot should be returned to the Exposition Organisers in the same condition as when taken-over by Romania’s representatives for fitting-out.
The estimated value of the contract is 1.700.000 Euro, equivalent of 7.650.000 RON (Romanian new lei), without VAT, from which 80.000 Euro (360.000 RON, without VAT) represents contingency in the amount of 5% from the estimated value of the contract.
The financial offer of the tenderer shall include as distinctconstituent element, the value of the contingency in the amount of 5% from the submitted financial offer, contingency excluded.
Note 1: The Contracting Authority reserves the right to choose for the subsequent acquisition of unforeseen works from the economic operator whose tender shall be successful within this procedure, in accordance with the provisions of art. 122 letter j) of the GEO 34/2006, amended and supplemented, in the amount of 170.000 euro without VAT. The total estimated value (including supplemental/additional works or services): 1.870.000 Euro without VAT.
Note 2: The economic operator shall elaborate the financial proposal related to the estimated value of the contract and not to the total estimated value which includes the possible further purchase of supplemental/additional works or services.
Note 3: Possible further purchase of supplemental/additional works or services shall be realized according to the unit price that the economic operator has provided in the financial proposal for this procurement procedure.
Estimated value without VAT: between 1.700.000 and 1.870.000 Euro.
II.2.2) Options (if any) YES ■ NO □
Supplemental/additional works or services, according to art 122 letter j) of GEO no 34/2006 amended and supplemented, in amount of 170.000, without VAT.

II.3) DURATION OF THE CONTRACT AND DEADLINE FOR COMPLETION

Period of Contract’s execution is 17 months.
The Pavilion shall be designed and constructed until 1st of March 2015, it shall be finished and fit-out until 15th of April 2015.The tests for checking the Pavilion functionality shall be conducted in cooperation with the Employer until 30thof April 2015.
In the period 1st of May – 31st October 2015, maintenance and repairs shall be executed,as required by the normal use of the Pavilion. The Pavilion shall be demolished/dismantled, subsequent to closing of the Exposition, and the assigned site shall be vacated and restored by the Contractor until 30th of April 2016, at the latest.

II.4) ADJUSTMENT OF THE CONTRACT PRICE

II.4.1.Adjustment of the Contract price: YES □ NO ■

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNIC INFORMATION

III.1) CONDITIONS SPECIFIC TO THE CONTRACT

III.1.1) Deposits and guarantees(as the case)
III.1.1.a) Participation Guarantee YES ■ NO □
The amount of the Participation Guarantee is: Euro 32.400.
Period of validity: at least equal with the period of validity of the submitted offer (at least 90 days).
Procedure of issuance: The Participation Guarantee shall be set up in Euro.The Participation Guarantee shall be issued in the form of a Letter of tender guarantee, issued by a Bank or Insurance company,or through bank transfer, for the above mentioned sum (according to Form 16, draft which may be modified as the case), in accordance with the provisions of art. 86, alin. (1), (2), (3) and (6) of GD no. 925/2006, as amended and supplemented by the subsequent legislative acts. Cheque payment is not acceptable.
For SME the Participation Guarantee shall be set-up for ½ of the amount and shall be accepted only if it is accompanied by a sworn statement completed in accordance with Law no. 346/2004, as amended and supplemented by the subsequent legislative acts, otherwise the submitted offer shall be rejected.
For the bank transfers, the requested amount shall be transferred in the account no. RO43TREZ7005005XXX000166, opened at the “Trezoreria Operativa a Municipiului Bucuresti” nr. CUI 4266863.
Any deductions from the Participation Guarantee shall be operated in accordance with the provisions of the art. 87 of GD no. 925/2006, as amended and supplemented by the subsequent legislative acts.
For the economic operators setting-up the participation Guarantee in other currency then Euro: the date of the exchange rate for the conversion Euro/other currency shall be 13.11.2014, published on European Central Bank website (
In case the Letter of Participation Guarantee is issued by an insurance company, the tenderer must also submit the proof of the payment of the insurance policy.
If the Letter of Participation Guarantee is issued in English or Romanian, the original form shall be submitted.If the Letter of Participation Guaranteeis issued in another language, the submitted original of the Letter shall be accompanied by its certified translation into English or Romanian.
In case of a group, the Letter of Participation Guaranteeshall be issued on behalf of any member of the group and shall jointly cover all members.
III.1.1.b) Performance Guarantee YES ■ NO □

The Performance Guarantee value: 10 % of the public contract value, in Euro, exclusive of VAT. The Performance Guarantee shall be set up in Euro.

Form of Performance Guarantee: Original Letters of Performance (according to Form 20 and 21, issued by a Bank or Insurance Company) in English or Romanian, or if is issued in another language, the original of the Letter of Performance Guarantee must be accompanied by its certified translation into English or Romanian, and shall be submitted prior to the date of signing of the works contract, only by the successful tenderer.

In case that the performance guarantee is issued by an insurance company, the tenderer must also submit the proof of the payment of the insurance policy.
III.1.2) Financing sources and legal provisions regarding the payments
The Contract is financed from the state budget.
III.1.3) Legal form assumed by the group of several economic operators, in case that the tender submitted by them is successful
Association, according with the provisions of art. 44 from GEO no. 34/2006, as amended and supplemented by the subsequent legislative acts.
III.1.4) Execution of the Contract is subject to other special conditions: YES■ NO □
(as the case)
The object of the Contract shall be executedin full accordance with the applicable legislation regarding design and construction in force in Italy, Region of Lombardy, as well as according with the specific regulation issued for Expo Milano 2015.
III.1.5) Legislation applied
a)Government Emergency Ordinance no. 34/2006 on the award of public contracts, of public works concession contracts and service concession contracts, as amended and supplemented by the subsequent legislative acts;
b)Government Decision no. 925/2006 for approval of the norms for implementation of the provisions regarding the public contracts of the GEO 34/2006, as amended and supplemented by the subsequent legislative acts;
c)Regulations, notifications, orders issued by NARMPP, publicly available on section “Legislation”;
d)Government Decision no. 115/2011 as amended by the subsequent legislative acts;
e)General and Special Regulations, Participation Guide and any other general or special documents issued by Organisers in relation to the Universal Exposition Milan 2015 – publicly available on
f)Any other applicable legislative acts.

III.2) CONDITIONS OF PARTICIPATION

III.2.1) PERSONAL SITUATION OF TENDERER, including provisions regarding registration and capacity to pursue professional activities
III.2.1.a) PERSONAL SITUATION OF TENDERER
Declaration of inapplicability of the provisions of art. 180 of the GEO 34/2006
Required ■ Not required □ / The tenderer shall submit Form 1, as presented in Section “Forms”, filled in,signed and stamped. In case that the tenderer has a supporting third party, the Form 1 shall be submitted also by the respective supporting third party.
Also the following documents shall be submitted:
-Criminal record of the company, issued by the competent authorities and valid at the deadline for submission of the tenders;
-Fiscal record of the company, issued by the competent authorities and valid at the deadline for submission of the tenders.
Declaration of inapplicability of the provisions of art. 181 of the GEO 34/2006
Required ■ Not required □
Certificate of participation with independent tender -
NARMPP Order no. 314/2010
Required ■
Not required □
Statement referred to art. 691 of GEO no. 34/2006
Required ■
Not required □ / The tenderer shall submitForm 2, as presented in Section “Forms”, filled in,signed and stamped.
Also, to prove the inapplicability of the provisions of art. 181 of the GEO 34/2006, following documents shall be submitted:

Tax clearance certificate issued by the tax administration body of the administrative - territorial unit having jurisdiction over the registered office of the undertaking, concerning the tax payment obligations to the component budgets of the general consolidated budget(taxes, duties, social security contributions and so on) showing that the tenderer has fulfiled its obligations of payment untilthe month preceding the month which contain the deadline for submission of the tenders (respectively October 2014);

Certificate concerning payment of local taxes and charges (debts to local budget), showing that the tenderer has fulfiled its obligations of payment until the month preceding the month which contain the deadline for submission of the tenders (respectively October 2014).

If the procedure for issuing the fiscal certificates does not allow the confirmation of the payments within the requested term, than the economic operator shall submit a sworn statement according with the provisions of art.11 alin.4 of GD no 925/2006.
Note: For tenderers originated or established in other country than Romania, they have to submit the documents above-mentioned or any other equivalent documents showing the payment at the due date as provided by the applicable law in the country where is established.
If, in the country of origin or in the country where the tenderer is established, no documents like those required under this point III.2.1.a) are issued, a sworn statement indicating that no such documents are issued must be submitted.
If in the country of origin or in the country where the tenderer is established there are no legal provisions regarding the sworn statement, then an authenticated statement made before a public notary, an administrative or judicial authority or a competent professional association is accepted.
The tenderer shallsubmitForm 4, as presented in Section “Forms”, filled in,signed and stamped.
The tenderer shallsubmitForm 5, as presented in Section “Forms”, filled in,signed and stamped.The form shall be submitted also by the subcontractors and/or by the supporting third party, as the case may be.
The persons in charge with the organisation, ongoing and completion of this procedure from the Contracting Authority are: Georgian Ghervasie, Georgica Fusea, Lucretia Tanase, Mihai Coriolan Costa.

III.2.1.b) SUITABILITY TO PURSUE PROFESSIONAL ACTIVITY

Romanian legal/ natural persons

Required ■ Not required □

/ -Findings report issued by Trade Register Office indicating full name, registered office, authorised persons/ directors, domains of activities; The object of the contract must have correspondent in NACE code from the findings report issued by the Trade Register Office;
-Sworn statement attesting that the economic operator has or it is able to obtain without any delay in execution, all authorisations/ clearances/ certificates/ permits etc. mandatory according to the Italianlegislation to exercise the activities which are the subject of the procurement contract.

Foreign legal/ natural persons

Required ■ Not required □ / -Supporting documents evidencing a form of registration in accordance with the legal provisions in the country where the tenderer has its registered office/ domicile or is professionally affiliated, indicating full name, registered office, authorised persons/directors, domains of activities;The object of the contract must have correspondent in the domain of activities mentioned in the respective document/documents;
-Sworn statement attesting that the economic operator has or it is able to obtain without any delayin executionall authorisations/ clearances/ certificates/ permits etc. mandatory according to the Italian legislation to exercise the activities which are the subject of the procurement contract.
If in the country of origin or in the country where the tenderer is established there are no legal provisions regarding the sworn statement, then an authenticated statement made before a public notary, an administrative or judicial authority or a competent professional association is accepted.

III.2.2) ECONOMIC – FINANCIAL STANDING

Information and/or minimum levels for evaluation of fulfilment of the requirements / Accomplishment
The annual average turnover of the tenderer (economic operator or members of the economic operators group/association together) for the last three years (2011, 2012, 2013) must be minimum 1.700.000 euro
The values shall be expressed in Euro, at the RON/Euro exchange rate communicated by the European Central Bank for the date of20.10.2014, namely 1 Euro = 4.4173 RON.
The tenderers which should convert other currencies than RON shall use the exchange rate between that currency and Euro as established by the ECB for the date of 20.10.2014. / Information requested concerning the turnover for the last 3 years (2011, 2012, 2013) shall be completed in the Form 6 as presented in Section “Forms”, signed and stamped.
The economic and financial capacity of tenderer can be sustained, for the fulfilment of a contract, also by a third party, regardless of legal relations between the tenderer and the respective third party.
In this case the tenderer is required to prove the support received, by presenting a firm commitment of the respective third party (firm commitment – draft, Form 22), by which it confirms that it will provide the tenderer the invoked financial resources. / Supporting third party shall submit Form 22, as presented in Section “Forms”, filled in, signed and stamped.

III.2.3.a) TECHNICAL AND/ OR PROFESSIONAL ABILITY

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