Acquisition of Artificial Intelligence Server

Bidding economic operators must prove a form of registration under the law of the country of residence, showing that the economic operator is legally constituted, that he is not in any of the situations of annulment of the constitution and that he has the professional ability to perform the activities covered by the contract.

Method of implementation: The DUAE will be completed by all economic operators (single tenderer / joint bidders / subcontractors) participating in the procedure for awarding the public procurement contract with the information requested by the Contracting Authority - information on the fulfilment of the requirements regarding the ability to pursue the professional activity.

At the request of the contracting authority only the highest bidder in the ranking resulting from the application of the award criterion of the admissible tenders, shall submit the supporting documents proving the fulfilment of those assumed by the completion of the DUAE, according to Articles 193 and 196 of the Law no.98 / 2016 with subsequent amendments and completions. For Romanian legal / natural persons: The certificate of establishment issued by the Trade Register Office shall be presented.

The information contained in the certificate must be real / valid on the date of its submission. The subject-matter of the contract must have a correspondence in the authorised CAEN codes of the certificate of establishment issued by the Trade Register Office.

For foreign legal / natural persons: Relevant documents proving the form of registration or equivalent shall be submitted, in accordance with the legal requirements of the country in which the economic operator is established, in the language in which they were issued, accompanied by an authorised translation into Romanian. The subject-matter of the contract must be corresponding in the fields of activity shown in the documents submitted.

The information contained in these documents must be real / valid on the date of its submission. Note 1: In the case of an association, documents shall be submitted for each of the members of the association. In order to fulfil the requirement, it is sufficient for each member's activity to be consistent with the part of the contract it will perform.

Note 2: If the tenderer receives support from third parties or subcontracts parts of the contract, he will also present the certificate of finding for supporting third parties / Subcontractors declared in the IAEA. Note 3: Where parts of the contract are to be executed by subcontractors, the subject matter of each subcontractor must be consistent with the part of the contract it will perform

The tenderer must provide proof that it has carried out in the last 3 years, relating to the closing date for the submission of tenders, deliveries similar to those to be awarded, representing activities actually carried out, at the level of at least one and up to a maximum of 3 contracts.

The DUAE shall be completed by all economic operators participating in the award procedure with the requested information. *) The last 3 years relate to the deadline for submission of tenders with the corresponding application of the ANAP Instruction no.2 / 2017 (Article 13, paragraph 2).

If the AC deletes the initial deadline for submission of tenders, publishing a notice, the lower limit of the 3-year period shall be extended by the time period related to the gap, to be considered to be fulfilled. * *) By similar products the contracting authority means the supply of IT equipment with / without software licences, comparable in nature and complexity with the object of acquisition, carried out under one or more contracts.

Subcontracting Proportion Method: Where the tenderer intends to subcontract part / parts of the contract, it shall include in its tender:

• name of subcontractors;
• their contact details;
• the part / parts of the contract to be performed by subcontractors;
• percentage or value of the activities indicated in the tender as performed by subcontractors;
• their agreement on all these issues (subcontracting agreement). It will be supported by the completion of the DUAE by each subcontractor known at the time of the submission of the tender and by the submission of the subcontracting agreement supplemented by information related to their situation relevant to the part of the contract they will perform. Scenarios to be completed by subcontractors:
  1. Subcontractors on whose capacities the tenderer is NOT based: they will submit the DUAE including information demonstrating non-compliance with the grounds for exclusion (referred to in Article 193 (a) of Law No 98 / 2016).
  2. Subcontractors on whose capacity the tenderer IS BASES (to demonstrate that the qualification criteria are met): They will present the DUAE including information demonstrating both non-compliance with the grounds for exclusion and, in addition, information of relevance in terms of capacity (referred to in Article 193 (1) (b) and (c) of Law No 98 / 2016).In this case, subcontractors are also considered to be supporting third parties and the Subcontracting Agreement is also a firm commitment on their part.The economic operator ranked number one after the award criterion has been applied will prove that the qualification requirements (including those supported by subcontractors) are met, by submitting supporting documents to the contracting authority at the request of the contracting authority.Note: The liability of the contractor with regard to the performance of the public contract is not diminished if part / parts of the contract is / are performed by subcontractors.Justification: According to Article 55 of Law No 98 / 2016 on public procurement, the Contracting Authority will require tenderers to specify, where appropriate, the categories of services / works in the contract it intends to subcontract and the percentage or value of the activities indicated in the tender as being carried out by subcontractors and the identification data of the proposed subcontractors