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EXTRACT FROM
HG_907/2016 regarding the elaboration stages and the content of the technical and economic documentation frameworks 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.

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

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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 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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DEFINITIONS
PRE-FEASIBILITY STUDY FEASIBILITY STUDY
SECTION 2 SECTION 3

Art. 6. – Art. 7. –
(1) The pre-feasibility study is the documentation which, without limiting (1) The feasibility study is the technical-economic documentation by
the data and information contained in the conceptual note and the design which the designer, without limiting the data and information contained
theme, preliminarily analyzes the necessity and the opportunity to achieve in the conceptual note and in the design theme and, as the case may be,
the investment objective, identifies the scenarios / Possible technical / in the pre-feasibility study, analyzes, and proposes at least two different
economic options and select a limited number of scenarios / feasible options technical / economic scenarios / options, recommending, justified and
for achieving the investment objective. documented, the best technical / 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 achieve according to par. (1), comprises:
these investment objectives have been based on strategies, master plans, a
land use plan, or similar plans in force, approved by normative acts. a) the technical solution;
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) In the case of investment objectives whose operation involves specific


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

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

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3. 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 of the new indicators, except
for their updating situations provided by the Law no. 500/2002, as
amended and supplemented.

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(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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FRAMEWORK CONTENT
PRE-FEASIBILITY STUDY FEASIBILITY STUDY
ANNEX NO. 3 ANNEX NO. 4

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 to - 1) The framework content of the feasibility study may be adapted,
the specificity and complexity of the proposed investment objective. depending on the specificity and complexity of the proposed 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 structures elaborated) on the current situation, the necessity and the
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opportunity to promote the investment objective and the


technical / economic scenarios / options identified and proposed
for analysis
2.2. Analysis of the existing situation and identification of 2.2. Context presentation: policies, strategies, legislation, relevant
deficiencies agreements, institutional and financial structures
2.3. Analysis of demand for goods and services, including medium to 2.3. Examination of the existing situation and identification of
long-term forecasts on demand developments, to justify the need deficiencies
and sizing of the investment objective 2.4. Demand for goods and services, including medium to long-
2.4. Objectives to be achieved by achieving public investment 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 objective2)
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 / extravilan, a) description of the site (location - intravilan / extravilan,
land area, size in plan, legal status - property type or land area, plan dimensions, legal status - property or
property title, servitude, preemptive right, public utility property title, servitude, preemptive right, public utility
area, information / obligations / constraints extracted from area, information / obligations / constraints urbanization
the documentation urbanism, as the case may be); documentation, as appropriate);
b) relations with neighboring areas, existing accesses and / b) relations with neighboring areas, existing accesses and
or possible access ways; / or possible access ways;
c) proposed guidelines for cardinal points and natural or c) proposed guidelines for cardinal points and natural or
built points of interest; built points of interest;
d) sources of pollution existing in the area; d) sources of pollution existing in the area;
e) climate data and relief features; e) climate data and relief features;
f) the existence of: - urban networks in the site that would f) the existence of: - urban networks in the site that would

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require relocation / protection, as far as they can be require relocation / protection, as far as they can be
identified; - possible interferences with historical / identified; - possible interferences with historical /
architectural monuments or archaeological sites on or near architectural monuments or archaeological sites on or
the immediate vicinity; the existence of specific conditions near the immediate vicinity; the existence of specific
in the case of protected areas; - land belonging to conditions in the case of protected or protected areas; -
institutions forming part of the system of defense, public land belonging to institutions forming part of the system
order and national security; of defense, public order and national security;
g) geophysical characteristics of the site site - extracted from g) geophysical characteristics of the site - extracted from
preliminary geotechnical study, comprising: the geotechnical study elaborated according to the norms
(i) data on seismic zoning; 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 ground,
(iv) geotechnical data obtained from: borehole including conventional pressure and maximum
plans, complex sheets with laboratory results, groundwater level;
groundwater analysis, geotechnical report with (iii) general geological data;
foundation and reinforcement recommendations, (iv) geotechnical data obtained from: borehole
geotechnical zoning maps, accessible archives, as plans, complex sheets with laboratory results,
appropriate; groundwater analysis, geotechnical report with
(v) fitting in risk areas (earthquake, landslides, foundation and reinforcement recommendations,
floods) in accordance with current technical geotechnical zoning maps, accessible archives, as
regulations; appropriate;
(vi) hydrological characteristics established on the (v) fitting in risk areas (earthquake, landslides,
basis of existing studies, documentation, indicating floods) in accordance with current technical
sources of information bibliographically stated. regulations;
(vi) hydrological characteristics established on the
basis of existing studies, documentation,
indicating sources of information 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; -
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c) the minimum duration of service assessed according to equipment and endowment specific to the proposed function.
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 for
3.4. Institutional and implementation aspects achieving the investment objective, taking into account the costs
3.5. Expected results of similar investments, or similar cost investment standards in line
3.6. Investment costs estimated by reference to similar investment with the technical characteristics and investment-specific
objectives parameters, - estimated operating costs over the normal life /
3.7. Exploitation and maintenance costs estimated by reference to depreciation period of public investment.
similar investment objectives 3.4. Specialist studies, depending on the category and class of
3.8. Preliminary Analysis of Economic and Financial Issues 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.
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 / options to 4.1. Presentation of the analysis framework, including
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 budget 4.2. Analysis of vulnerabilities caused by risk factors,
allocations, external guaranteed or contracted state loans, non- anthropogenic and natural, including climate change, which may
reimbursable external funds, other legally constituted sources affect the investment

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4.3. Conclusions 4.3. Situation of utilities and consumption analysis: - utilities and
relocation / protection needs, as appropriate; - solutions to
provide the necessary utilities.
4.4. Recommendations for the development of feasible technical / 4.4. Sustainability of the investment objective:
economical scenarios / options to be further studied in the a) social and cultural impact, equal opportunities;
feasibility study 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
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


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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 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;

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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 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

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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
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. Site plan; 1. layout plan in the area;


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.

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

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