Public contract for the purchase of servers

… the Annex to Government Decision No 395/2016, as amended, shall be complied with. The technical specifications requested by the contracting authority can be found in the tender specifications. Tenderers must take note that, on the basis of Article 154(1) of Law No 98/2016 and Articles 20(2) and 137(3) of the Annex to Government Decision No 395/2016, the contracting authority does not allow clauses to be amended/accepted with objections after the date set for the submission of requests for clarifications, so that tenderers will accept without objection all the contractual clauses set out in the Tender Document, Section IV Model Contract/Framework Agreement/Subsequent Contract, in the form applicable on the closing date for the submission of tenders, as resulting from the tender documentation and, where applicable, from the clarifications and/or amendments published by the contracting authority in the procedure, in order to apply the same contractual conditions to all tenderers and to comply with the principles underlying public procurement. The procedure for awarding the public procurement contract is initiated under the standstill clause, in the sense that the conclusion of the public procurement contract is conditional on the allocation of budget appropriations for this purpose, the signing of the contract being done in compliance with the provisions relating to the commitment of expenditure from budgets falling under the legislation on public finances. Having regard to the provisions of Law No 98/2016 on public procurement and Government Decision No 395/2016, as subsequently amended and supplemented, the Contracting Authority states that it will conclude the contract with the successful tenderer only to the extent that the funds necessary for the procurement will be secured by allocating budget appropriations for this purpose. If, for whatever reason, the budget appropriations will not be allocated, the Contracting Authority, after receiving notification of the non-granting of funding, reserves the right to cancel the award procedure, provided that there is no other source of funding, in accordance with the provisions of Article 212(1)(c) sentence 2 of Law 98/2016, as subsequently amended and supplemented, making it impossible to conclude the public procurement contract. The standstill clause will take effect for a period of 6 (six) months from the date of communication of the result of the award procedure to the successful tenderer.