Default lot

The subject of the contract consists in the provision of expropriation and design services, as well as the Execution of works for the realization of the investment objective: Connection passage between DN1C and Tetarom III Industrial Park. The Contracting Authority reserves the right to modify the contract according to art. 221 of Law 98/2016, provided that these modifications do not fall within the provisions of art. 221 para. 7 of Law 98/2016, i.e., they do not represent a substantial modification. Revision clauses according to art. 221 para. (1) letter a) of Law 98/2016, which anticipate possible changes during the contract execution are: • Price adjustments according to cl. 48 of this Contractual Agreement by applying the price adjustment formula mentioned in art. 31 of OUG 64/2022 regarding the adjustment of prices and the value of general estimates in projects financed by non-reimbursable external funds (art. 221 para. (1) letter a). • Replacement of the Contractor: 1) When the Contractor is replaced by a new Contractor, under the conditions provided by art. 221 para. (1) letter d) item i) of Law 98/2016, only in cases where the respective replacement does not involve substantial modifications of the contract: In case the Contractor encounters implementation difficulties (the contract is not properly executed by the contractor or there are delays in the execution activities for reasons solely attributable to the Contractor, regardless of whether it is the fault of an economic operator within the association or the fault of the association as a whole) or is unable to execute the contract, the third-party supporter introduced in the offer and nominated in the contract will take over the fulfillment of the contractual obligations according to the firm commitment, annex to the contract, without reducing, extending or eliminating the obligations and responsibilities stipulated in the initial contract and without affecting its general character; 2) When the Contractor is replaced by a new Contractor under the conditions provided by art. 221 para. (1) letter d) item ii) of Law 98/2016, in the situation where the rights and obligations of the initial Contractor resulting from the public procurement contract are taken over, as a result of a universal or universal succession in a reorganization process, including through merger, division, acquisition or insolvency, by another economic operator that meets the qualification and selection criteria initially established, provided that this modification does not involve other substantial modifications; 3) When the Contractor is replaced by a new Contractor, under the conditions provided by art. 221 para. (1) letter d) item iii) of Law 98/2016, in the event that the Beneficiary/Contracting Authority assumes the Contractor's obligations towards its subcontractors, respectively they towards the Beneficiary/Contracting Authority. In this situation, in case of early termination of the contract, at the request of the Beneficiary/Contracting Authority, the Contractor will assign its contracts concluded with its subcontractors to the contracting authority upon its request. • Other modifications: 1) Change of the company's name and/or legal form, changes that do not result in the creation of a new legal entity; 2) replacement of the association leader by one of the members of the association taking over this role and/or modification of the initial composition of the association by another associate/ the remaining associates taking over the attributions of one/more members, provided that after the modification of the composition, the members of the association meet the qualification and selection requirements initially established in the award documentation and respecting, where applicable, the conditions provided in art. 186 of Law 98/2006; 3) modifications generated by the change of key/non-key personnel, which will be carried out according to the corresponding clause in the General Contractual Conditions; 4) modification of the partners' percentages of the contract value, to the extent that such a modification ensures the continued fulfillment of the qualification requirements from the award documentation, does not affect the application of the qualitative evaluation factors within the criteria...