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sc UNITH2B srl I blv. Pache Protopopescu nr.

81, 021408, sector 2, Bucureşti, România


tel : + 4 3749 777 00 I e-mail: office@unith2b.com I www.unith2b.com
cod fiscal: RO31279763 I IBAN: RO32BRDE445SV16090844450 | BRD sucursala DOROBANTI

EXTRACT FROM HG_907/2016 regarding the elaboration stages and the content
of the technical and economic documentation frameworks related to the public
funds / projects financed from public funds

CHAPTER I
General provisions

Art. 1. –
(1) This decision regulates the development stages and the framework content of the technical and
economic documentation for the achievement of the new investment objectives / projects in the
field of constructions, existing construction works and other investment works, further investment
objectives, the expenditure of which, for the purpose of realizing fixed assets of the public and / or
private domain of the state / administrative-territorial unit or of the private domain of natural and /
or legal persons, is financed totally or partially by funds public, respectively from the budgets
stipulated in art. 1 par. (2) of the Law no. 500/2002 on public finances, as subsequently amended
and supplemented, and at art. 1 par. (2) of the Law no. 273/2006 on local public finances, as
subsequently amended and supplemented.

(2) The documentation referred to in paragraph (1) shall be elaborated, in stages, as follows:
a) in stage I:
(i) the conceptual note;
(ii) the design theme;
b) in stage II:
(i) pre-feasibility study, as appropriate;
(ii) the feasibility study or endorsement documentation of the intervention works, as
appropriate;
c) in stage III:
(i) draft for authorization / dismantling of the execution of the works;
d) in Stage IV:
(i) the technical design of the project.

Art. (2).-
For the purpose of the present decision, the terms and expressions below have the following
meanings:

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a) investment objective / project - the expected result of the limited-term capital investment as a
result of the realization of one or more investment objects located on a distinctly defined location
that ensures that the requirements of the investment and investor are met; the phrase "investment
objective" includes, where appropriate, the new investment objective, the objective of investing or
intervening in the existing construction;

b) investment object - part of the investment objective, with distinct functionality in its entirety,
consisting of construction works for new investments or interventions for existing constructions;

c) mixed investment objective / project - investment objective including construction works for the
construction of one / several new investment objects, as well as intervention works on one / several
existing constructions;

d) major investment objective / project - the estimated total investment value of which exceeds the
equivalent of EUR 75 million in the case of investments to promote sustainable transport systems
and the removal of major network infrastructure bottlenecks or the equivalent of EUR 50 million in
the case of promoted investments in other areas;

e) Intervention to the existing construction - the expected result obtained as a result of carrying out
interventions on one / several existing constructions, including the related facilities, as provided by
the Law no. 10/1995 regarding the quality in constructions, republished, performed in order to
ensure, maintain and / or improve the basic requirements applicable to constructions, according to
their destination;

f) public investment - all public or initial public expenditure for the purpose of realizing fixed assets
of the public and / or private domain of the state / administrative-territorial unit, including the
replacement of the fixed assets used and the costs of replacing them, which is financed totally or
partially by the public funds provided under art. 1; shall be deemed to be public investment and all
initial or subsequent investment costs for the production of fixed assets of the private property of
individuals and / or legal entities, including the replacement of fixed assets used and the
replacement costs thereof, partly from the public funds provided under art. 1;

g) investor - public entity, legal or natural person, which carries out investment expenditures that
are fully or partially financed from the public funds stipulated in art. 1, resulting in the realization of
investment objectives / projects;

h) beneficiary of the investment - a legal or natural person, legal or natural person, who has the
right to execute the construction works in accordance with the provisions of Law no. 50/1991
regarding authorization of the execution of construction works, republished, with subsequent
modifications and completions;

i) construction - building, civil engineering work or special construction work, respectively any civil
engineering work, the realization of which consists in any structure fixed in or on the ground,
conceived and executed for the fulfillment or maintenance of technical, economic, social functions

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or ecological, regardless of the specificity, importance, category and class of importance, including
related equipment, equipment and facilities;

j) Existing construction - construction for which acceptance was accepted at the end of the works or
construction that was entered in the land book;

k) incomplete construction - construction at various execution stages for which the execution of the
works was stopped and the reception at the completion of the works was not completed and the
completion of which involves a remainder of execution, physical and value;

l) technical solution - part of the scenario / technical / economic option (s) from the feasibility study,
respectively the documentation for the approval of the intervention works, describing technically,
constructively, technologically and functionally-architectural description of the main works for the
core investment, correlated with the technical, qualitative and performance levels resulting from
the proposed technical / economic indicators;

m) the duration of the investment objective - the period, expressed in months, between the date
set by the investor for the start of the works and communicated to the contractor and the date of
the minutes of acceptance of the reception at the end of the works;

n) the duration of the investment objective - the period between the date of approval of the
technical and economic indicators of the investment and the date of the minutes regarding the
admission of the final reception;

o) the duration of implementation of the investment objective - the period expressed in months
between the date of approval of the conceptual note and the date of conclusion of the minutes
regarding the admission of the final reception.

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Pre-feasibility study Feasibility Study


SECTION 2 - DEFINITIONS SECTION 3 - DEFINITIONS
Art. 6. – Art. 7. –
(1) The pre-feasibility study is the documentation which, without (1) The feasibility study is the technical-economic documentation by
limiting the data and information contained in the conceptual note which the designer, without limiting the data and information
and the design theme, preliminarily analyzes the necessity and the contained in the conceptual note and in the design theme and, as the
opportunity to achieve the investment objective, identifies the case may be, in the pre-feasibility study, analyzes, and proposes at
scenarios / Possible technical / economic options and select a limited least two different technical / economic scenarios / options,
number of scenarios / feasible options for achieving the investment recommending, justified and documented, the best technical /
objective. economic scenario / option for achieving the investment objective.

(2) The pre-feasibility study shall be developed for major investment (2) Optimal scenario / technical / economic option, recommended
objectives / projects, except where the necessity and opportunity to according to par. (1), comprises:
achieve these investment objectives have been based on strategies,
master plans, a land use plan, or similar plans in force, approved by a) the technical solution;
normative acts. b) the main technical and economic indicators related to the
investment objective;
c) urban planning certificate, approvals for utilities, as well as
specific approvals, agreements and studies, depending on the
specificity of the investment objective;
d) the implementation, operation / operation and
maintenance of the investment strategy.

(3) The pre-feasibility study shall be approved by the chief credit (3) In the case of investment objectives whose operation involves
officer, in the case of the central public administration, respectively by specific technological processes, the technological component of the
the deliberative authorities, in the case of local public investment technical solution may be finalized or adapted to the appropriate
programs. technologies applicable to the achievement of the investment
objective, at the design stage - the technical execution project, under
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Art. 12 par. (1).


(4) The framework content of the pre-feasibility study is set out in (4) The technical and economic indicators provided in paragraph (2)
Annex no. 3. lit. b) include:

a) maximum indicators, ie the total value of the investment


object, expressed in ROL, VAT and VAT, of which construction-
assembly (C + M) according to the general estimate;
b) minimum indicators, respectively performance indicators -
physical elements / physical capacities indicating the
achievement of the target of the investment objective - and, as
the case may be, qualitative, according to the technical
standards, norms and regulations in force;
c) financial, socio-economic, impact, result / operating
indicators, determined according to the specificity and target
of each investment objective;
d) the estimated duration of the investment objective,
expressed in months.

(5) For the technical and economic indicators provided in paragraph


(4) lit. c), the designer shall indicate, within the feasibility study, the
admissible values and the intervals within which they can fit,
depending on the specificity of the investment objective and in
accordance with the technical rules and regulations in force.

(6) If, after approval of the technical and economic indicators, changes
occur that cause the maximum values to be altered and / or the minus
the minimum values of the approved technical-economic indicators or
the exceeding of the intervals stipulated in paragraph (5), it is
necessary to restore the approved technical and economic
documentation accordingly and to resume the procedure of approval
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of the new indicators, except for their updating situations provided by


the Law no. 500/2002, as amended and supplemented.

(7) The feasibility study shall be approved according to the


competences established by the Law no. 500/2002, with the
subsequent amendments and completions, and Law no. 273/2006, as
subsequently amended and supplemented.

(8) The framework content of the feasibility study is set out in Annex
no. 4.

Art. 8. –
(1) In the case of the mixed investment objective, the feasibility study
shall be elaborated in compliance with the framework content set out
in Annex no. 4, completed with the elements specific from the
framework content of the documentation for the approval of the
intervention works provided in Annex no. 5.

(2) The specific elements provided in paragraph (1) include the


technical solutions and measures in the technical expertise of the
existing / existing / existing building / building and, where
appropriate, of the energy audit of the existing / existing building /
buildings as well as relevant studies, audits or analyzes.

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Pre-feasibility study Feasibility Study


ANNEX NO. 3 – FRAMEWORK CONTENT- ANNEX NO. 4 – FRAMEWORK CONTENT-

Designer. . . . . . . . . . Designer. . . . . . . . . .
(name of legal entity and identification data) (name of legal entity and identification data)

. . . . . . . . . ./. . . . . . . . . . . . . . . . . . . ./. . . . . . . . . .

PRE-FEASIBILITY STUDY FEASIBILITY STUDY


- Framework Content 1) - - Framework Content 1) -

- 1) The framework content of the pre-feasibility study may be tailored - 1) The framework content of the feasibility study may be adapted,
to the specificity and complexity of the proposed investment depending on the specificity and complexity of the proposed
objective. investment objective.

A. WRITTEN PARTS A. WRITTEN PARTS

1. General information on the investment objective 1. General information on the investment objective
1.1. Name of the investment objective 1.1. Name of the investment objective
1.2. Principal Authorizing Officer / Investor 1.2. Principal Authorizing Officer / Investor
1.3. Authorizing officer (secondary / tertiary) 1.3. Authorizing officer (secondary / tertiary)
1.4. Beneficiary of the investment 1.4. Beneficiary of the investment
1.5. Elaborator of the pre-feasibility study 1.5. Elaborator of the feasibility study

2. Existing situation and need to achieve the investment objective 2. Existing situation and need to achieve the investment objective /
project
2.1. Presentation of the context: relevant policies, strategies, 2.1. Conclusions of the pre-feasibility study (if previously
legislation and agreements, institutional and financial elaborated) on the current situation, the necessity and the
structures opportunity to promote the investment objective and the
2.2. Analysis of the existing situation and identification of technical / economic scenarios / options identified and
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deficiencies proposed for analysis


2.3. Analysis of demand for goods and services, including 2.2. Context presentation: policies, strategies, legislation,
medium to long-term forecasts on demand developments, to relevant agreements, institutional and financial structures
justify the need and sizing of the investment objective 2.3. Examination of the existing situation and identification of
2.4. Objectives to be achieved by achieving public investment deficiencies
2.4. Demand for goods and services, including medium to long-
term forecasts on demand developments, to justify the need
for investment objective
2.5. Objectives to be achieved by achieving public investment

3. Identification and presentation of possible technical / economic 3. Identifying, proposing and presenting at least two scenarios /
scenarios / options for achieving the investment objective technical / economic options for achieving the investment objective 2)
2)
If a pre-feasibility study has been prepared before the present
study, the presence of at least two technical / economic scenarios /
options among those selected as feasible in the pre-feasibility study
phase.

For each scenario / techno-economic option:


3.1. Particularities of the site 3.1. Particularities of the site:
a) description of the site (location - intravilan / a) description of the site (location - intravilan /
extravilan, land area, size in plan, legal status - property extravilan, land area, plan dimensions, legal status -
type or property title, servitude, preemptive right, property or property title, servitude, preemptive right,
public utility area, information / obligations / public utility area, information / obligations /
constraints extracted from the documentation constraints urbanization documentation, as
urbanism, as the case may be); appropriate);
b) relations with neighboring areas, existing accesses b) relations with neighboring areas, existing accesses
and / or possible access ways; and / or possible access ways;
c) proposed guidelines for cardinal points and natural c) proposed guidelines for cardinal points and natural
or built points of interest; or built points of interest;
d) sources of pollution existing in the area; d) sources of pollution existing in the area;

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e) climate data and relief features; e) climate data and relief features;
f) the existence of: - urban networks in the site that f) the existence of: - urban networks in the site that
would require relocation / protection, as far as they would require relocation / protection, as far as they can
can be identified; - possible interferences with be identified; - possible interferences with historical /
historical / architectural monuments or archaeological architectural monuments or archaeological sites on or
sites on or near the immediate vicinity; the existence of near the immediate vicinity; the existence of specific
specific conditions in the case of protected areas; - land conditions in the case of protected or protected areas;
belonging to institutions forming part of the system of - land belonging to institutions forming part of the
defense, public order and national security; system of defense, public order and national security;
g) geophysical characteristics of the site site - extracted g) geophysical characteristics of the site - extracted
from preliminary geotechnical study, comprising: from the geotechnical study elaborated according to
(i) data on seismic zoning; the norms in force, comprising:
(ii) preliminary data on the nature of the land (i) data on seismic zoning;
(iii) general geological data; (ii) preliminary data on the nature of the
(iv) geotechnical data obtained from: borehole ground, including conventional pressure and
plans, complex sheets with laboratory results, maximum groundwater level;
groundwater analysis, geotechnical report with (iii) general geological data;
foundation and reinforcement (iv) geotechnical data obtained from: borehole
recommendations, geotechnical zoning maps, plans, complex sheets with laboratory results,
accessible archives, as appropriate; groundwater analysis, geotechnical report with
(v) fitting in risk areas (earthquake, landslides, foundation and reinforcement
floods) in accordance with current technical recommendations, geotechnical zoning maps,
regulations; accessible archives, as appropriate;
(vi) hydrological characteristics established on (v) fitting in risk areas (earthquake, landslides,
the basis of existing studies, documentation, floods) in accordance with current technical
indicating sources of information regulations;
bibliographically stated. (vi) hydrological characteristics established on
the basis of existing studies, documentation,
indicating sources of information

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bibliographically stated.

3.2. Technical and functional data of the investment objective: 3.2. Technical, constructive, functional-architectural and
a) destination and functions; technological description: - technical characteristics and
b) characteristics, parameters, equipment level and parameters specific to the investment objective; - the
endowment, specific technical data, expected; constructive version of the investment, justifying its choice; -
c) the minimum duration of service assessed according equipment and endowment specific to the proposed function.
to the proposed designation (s);
d) specific functional needs / requests, as appropriate.

3.3. Social and environmental aspects 3.3. Estimated costs of the investment: - the estimated costs
3.4. Institutional and implementation aspects for achieving the investment objective, taking into account the
3.5. Expected results costs of similar investments, or similar cost investment
3.6. Investment costs estimated by reference to similar standards in line with the technical characteristics and
investment objectives investment-specific parameters, - estimated operating costs
3.7. Exploitation and maintenance costs estimated by over the normal life / depreciation period of public
reference to similar investment objectives investment.
3.8. Preliminary Analysis of Economic and Financial Issues 3.4. Specialist studies, depending on the category and class of
building importance, as appropriate: - Topographic study; -
geotechnical study and / or analysis studies and land stability; -
Hydrological, hydrogeological study; - study on the possibility
of using alternative high efficiency systems to increase energy
performance; - traffic and traffic study study; - a preliminary
archaeological diagnostic report for expropriation for
investment objectives whose sites are to be expropriated for
public utility purposes; - Landscape study for investment
objectives relating to green and landscape landscaping; - study
on the value of the cultural resource; - specialized studies
required according to the specificity of the investment.

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3.5. Indicative investment charts

4. Feasible Solutions for Achieving the Investment Objective 4. Analysis of each / each scenario / proposed technical / economic
options
4.1. Proposing a limited number of identified scenarios / 4.1. Presentation of the analysis framework, including
options to be analyzed at the feasibility study phase specification of the reference period and presentation of the
4.2. Identification of potential sources of financing of public baseline scenario
investment: own funds, bank credits, state budget / local 4.2. Analysis of vulnerabilities caused by risk factors,
budget allocations, external guaranteed or contracted state anthropogenic and natural, including climate change, which
loans, non-reimbursable external funds, other legally may affect the investment
constituted sources 4.3. Situation of utilities and consumption analysis: - utilities
4.3. Conclusions and relocation / protection needs, as appropriate; - solutions
4.4. Recommendations for the development of feasible to provide the necessary utilities.
technical / economical scenarios / options to be further 4.4. Sustainability of the investment objective:
studied in the feasibility study a) social and cultural impact, equal opportunities;
b) estimates of the labor force employed by the
investment: in the implementation stage, in the
operational phase;
c) impact on environmental factors, including impacts
on biodiversity and protected sites, as appropriate;
d) the impact of the investment objective on the
natural and anthropogenic context in which it is
integrated as appropriate.

4.5. Analysis of the demand for goods and services, justifying


the sizing of the investment objective
4.6. Financial analysis, including the calculation of financial
performance indicators: cumulative flow, net present value,
internal rate of return; financial sustainability
4.7. Economic analysis3), including the calculation of economic

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performance indicators: net present value, internal rate of


return and cost-benefit ratio or, where appropriate, cost-
effectiveness analysis
4.8. Sensitivity analysis3)
3)
Notwithstanding the provisions of points 4.7 and 4.8, in the
case of investment objectives whose estimated total value
does not exceed the threshold for which the technical and
economic documentation is approved by a Government
decision, according to the provisions of Law no. 500/2002
regarding the public finances, with the subsequent
amendments and completions, the cost-effectiveness analysis
is elaborated.

4.9. Risk analysis, risk prevention / mitigation measures

5. Optimum scenario / optimal technical / economic option


5.1. Comparison of technical / economic, financial,
sustainability and risk scenarios / options
5.2. Selection and justification of recommended scenario /
option (s)
5.3. Description of the optimal scenario / option (s)
recommended for:
a) land acquisition and fitting out;
b) providing the necessary utilities for the purpose;
c) the technical solution, describing from the
technological, constructive, technical, functional-
architectural and economic point of view, the main
works for the basic investment, correlated with the
qualitative, technical and performance level resulting

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from the proposed technical-economic indicators;


d) Technological samples and tests.

5.4. The main technical and economic indicators related to the


investment objective:
a) maximum indicators, ie the total value of the
investment object, expressed in lei, VAT and VAT, of
which construction-assembly (C + M), according to
general estimate;
b) minimum indicators, respectively performance
indicators - physical elements / physical capacities
indicating the achievement of the target of the
investment objective - and, as the case may be,
qualitative, according to the technical standards, norms
and regulations in force;
c) financial, socio-economic, impact, result / operating
indicators, determined according to the specificity and
target of each investment objective;
d) the estimated duration of the investment objective,
expressed in months.

5.5. Presentation of how to ensure compliance with the


regulations specific to the intended function in terms of
ensuring all the fundamental requirements applicable to the
construction, according to the degree of detail of the technical
proposals
5.6. Nomination of sources of public investment financing as a
result of financial and economic analysis: own funds, bank

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credits, state budget / local budget allocations, external


guaranteed or contracted credits, non-reimbursable external
funds, other legally constituted sources.
6. Urbanism, agreements and approvals
6.1. Urbanism certificate issued in order to obtain the building
permit
6.2. Land Book Extract, except for special cases, expressly
provided by law
6.3. Administrative act of the competent authority for
environmental protection, mitigation measures, compensation
measures, way to integrate the provisions of the
environmental agreement in the technical and economic
documentation
6.4. Approved assurance reports
6.5. Topographic study, targeted by the Office of Cadaster and
Real Estate Advertising
6.6. Approvals, agreements and studies, as appropriate,
depending on the specificity of the investment objective and
which may condition the technical solutions

7. Implementation of the investment


7.1. Information on the entity in charge of implementing the
investment
7.2. Implementation strategy, including: the duration of the
implementation of the investment objective (in calendar
months), the duration of execution, the implementation
schedule of the investment, the staggering of the investment
over the years, the necessary resources
7.3. Operation / Operation and Maintenance Strategy:
required steps, methods and resources
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7.4. Recommendations on Managing and Institutional Capacity

8. Conclusions and Recommendations

B. DRAWN PARTS B. DRAWN PARTS

Depending on the category and class of importance of the investment


objective, the pieces will be presented on relevant scales in relation to
their characteristics, including:

1. layout plan in the area;


1. Site plan;
2. situation plan;
2. Situation plan.
3. general plans, facades and characteristic sections of quoted
architecture, principle schemes for resistance and installations,
volumes, functional schemes, isometrics or specific plans, as the case
may be;
4. general plans, characteristic longitudinal and cross-sectional
profiles, quoted, specific plans, as the case may be.

Date: Designer2) Date: Designer4)


.......... .......... .......... ..........
(name, function and signature) (name, function and signature)
2) 4)
The pre-feasibility study will provide, as an end page, the signature The feasibility study will provide, as an end page, the signature page,
page, through which the developer acquires and assumes the data through which the developer acquires and assumes the data and
and solutions proposed, and which will contain at least the following solutions proposed, and which will contain at least the following
data: . ./Date contract, name and first name of the designers by data: . ./Date contract, name and first name of the designers by
specialties, of the person responsible for the project - project specialties, of the person responsible for the project - project manager
manager / project manager, including their signatures and stamp. / project manager, including their signatures and stamp.

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