Achiziție - Platforma de Management a Pieței de energie cu servicii de implementare

The draft contract (approximately 83 pages) was published only today (Friday 13th of March), while the deadline for submitting clarification questions is 16 March 2026 (Monday), leaving bidders with only a very limited timeframe to analyze the contractual provisions in detail (less than 2 working days).

Bidders understand that, during the contract signing phase, there will be the possibility to discuss and reasonably adjust certain contractual conditions contained in the current draft contract, in order to ensure alignment with the procurement documentation, the submitted offer, and the official clarification responses issued during the tender process.

Please confirm that the contractual provisions contained in the current draft contract remain open to reasonable discussion and alignment during the contract signing phase.

If the Contracting Authority considers that the contractual provisions of the draft contract are not open to adjustment, bidders respectfully request that the deadline for submitting clarification questions be extended, as the remaining timeframe until 16 March 2026 does not provide sufficient time for a proper legal and technical analysis of an 83-page contract document.

... afișează tot conținutul

The draft of Contract was provided just for refference and was taken from other Project. We confirm that the final contract to be signed with the winning bidder will be negotiated and will be aligned to the procurement documentation

... afișează tot conținutul

Please extend the time allotted for questions, as the remaining time is insufficient to review the draft agreement.

... afișează tot conținutul

The deadline for the proposal is changed

... afișează tot conținutul

(NON-EXHAUSTIVE, SUBJECT TO FURTHER CLARIFICATION)
The Bidder respectfully submits the following indicative comments to the draft contract. These comments reflect standard market practice for IT system implementation projects and are provided to support effective project delivery, legal certainty, and balanced risk allocation. The Bidder remains available to further specify and discuss these points during the contract finalization stage.
1. SCOPE OF SUPPLY (GCC 7)
It is proposed to clarify the scope of supply in order to ensure legal certainty and alignment with standard IT contracting practice.
In particular, the Supplier’s obligations should be limited to:
- requirements explicitly set out in the Contract, Technical Requirements, and the agreed Project Plan.
Any additional requirements beyond this scope should be subject to a formal change process in accordance with Clause 39, including appropriate adjustments to price and timeline.
2. ACCEPTANCE AND PAYMENTS (GCC 27, 12)
It is proposed to clarify the acceptance mechanism in order to ensure timely project execution, payment predictability, and alignment with standard IT project practices.
In particular:
- if the Purchaser does not provide a reasoned acceptance or rejection within a reasonable period (e.g. 10–15 business days), the relevant deliverable shall be deemed accepted;
- any rejection shall be duly justified and explicitly linked to non-compliance with agreed requirements.
In addition, it is proposed to allow partial acceptance of deliverables and corresponding partial payments. The structure and amounts of such partial payments shall be subject to further agreement between the parties, taking into account the typical delivery flow of IT projects and the expected cost profile of the project.
3. PROJECT PLAN (GCC 19)
It is proposed to clarify that the Project Plan shall be mutually agreed between the parties.
Any modifications requested by the Purchaser should be subject to the change management mechanism under Clause 39, including appropriate adjustments to the Contract Price and implementation timeline.
4. INTELLECTUAL PROPERTY (GCC 15, 16)
It is proposed to clarify the intellectual property regime to reflect standard IT market practice.
In particular:
- all pre-existing know-how, tools, libraries, frameworks, and generic components of the Supplier (“Background IP”) shall remain the property of the Supplier;
- the Purchaser shall be granted a non-exclusive, reasonably specific and limited license to use the delivered solution for its internal purposes.
5. LIABILITY (GCC 33)
It is proposed to introduce an explicit limitation of liability in order to ensure proportional risk allocation.
In particular:
- the total aggregate liability of the Supplier should be capped at [80%] of the Contract Price;
- except in cases of wilful misconduct or fraud.
6. LOCAL PERMITS AND COOPERATION (GCC 9.4, 10)
It is proposed to clarify the allocation of responsibilities regarding permits and regulatory compliance.
In particular:
- the Supplier should be responsible for permits within its reasonable control;
- the Purchaser should provide necessary cooperation and assistance in obtaining permits and approvals related to the Project Site and local regulatory environment.
7. RELATIONSHIP WITH GENERAL TERMS AND SOFTWARE LICENSING CONDITIONS
The Bidder notes that the proposed solution includes standard software components and/or platform elements provided either by the Supplier or third parties.
The applicable general business terms and software licensing conditions for such components will be submitted as part of the Bid.
It is therefore proposed to include the following clarification:
“To the extent that the subject matter of the Contract includes standard software or platform solutions provided by the Supplier or third parties, the use of such software or platforms shall be governed by the applicable general business terms and licensing conditions of the Supplier and/or relevant third parties, which shall form an integral part of the Contract. In the event of any inconsistency between such terms and this Contract, the general business and licensing conditions shall prevail with respect to the relevant software or platform components.”
8. FINAL REMARK
These comments are indicative in nature and reflect standard market practice for IT implementation projects. The Bidder remains fully committed to cooperating in good faith to achieve a balanced and workable contractual framework.

... afișează tot conținutul

The Benificiary took note of the proposal and as specified in previous comments the draft Contract was taken from another Project and will be adapted/negotiated with the awarded bidder taken into account the bidding documents and best practicies

... afișează tot conținutul