Acquisition of IT equipment and software solutions for the expansion of storage infrastructure, establishment of centralized backup and data recovery infrastructure, and its integration into the IT infrastructure of the Ministry of Environment, Waters and Forests

It is registered in the trade registers of the Member State of establishment, as described in Annex XI to Directive 2014/24/EU. Economic operators participating in the award procedure (tenderer/associated tenderer) will complete the ESPD in accordance with Art. 193 para. (1) of Law 98/2016).

In accordance with Art. 196 para. (1) of Law 98/2016, as amended and supplemented, the Contracting Authority may request tenderers to submit all or part of the supporting documents as evidence of the information contained in the ESPD, at any time during the award procedure, if necessary to ensure the proper conduct of the procedure.

At the request of the contracting authority, the tenderer ranked first in the intermediate ranking drawn up upon completion of the tender evaluation will present supporting documents proving the fulfillment of the commitments made by completing the ESPD. Submission of the Confirmation of Company Details (Certificat constatator) or any other equivalent document proving the form of registration.

The tenderer will submit relevant documents proving the form of registration in trade registers (as well as the scope of activity) and, where applicable, professional attestation or membership, in accordance with the legal requirements of the country in which the economic operator is established, accompanied by their certified translation into Romanian. The information contained in the submitted documents must be true/current as of the date of their submission.

In the case of NGOs or Associations, Foundations (non-profit legal entities), instead of the Confirmation of Company Details issued by the Trade Register Office, the mandatory requirement consists of submitting the following documents: - Court decision granting legal personality and registration in the register of associations and foundations with the court (stamped and signed copy); - Articles of Association/Statutes showing the scope of activity (stamped and signed copy).

Non-resident (foreign) economic operators will submit documents proving a form of registration, attestation, or professional membership in the country of origin, accompanied by their certified translation into Romanian. The information contained in the submitted documents must be true/current as of the date of their submission. Economic operators are requested to provide information regarding the ultimate beneficial owner of the funds. During the ESPD submission phase (in the qualification stage), tenderers will submit:

1. For tenderers whose shareholders are natural persons or legal entities registered in Romania, an ONRC (National Trade Register Office) excerpt will be submitted;
2. For the tenderer(s) declared winner(s) having foreign legal entities in their shareholding structure, the CA collects from the declarant an affidavit given by the legal representative, according to the provisions of Art. 326 of the Criminal Code on false statements, containing details about the beneficial owners (at least first name, last name, and date of birth), in accordance with the provisions of Law no. 129/2019, as amended and supplemented;
3. For foreign tenderers registered outside Romania, they will submit supporting documents, certificates, or other records issued by the authority responsible for beneficial ownership data in the tenderer's country, accompanied by a Romanian translation certified by authorized translators under the law;
4. For tenderers such as associations and foundations, the CA collects from them an excerpt from the Ministry of Justice (National NGO Register) regarding the beneficial owners of the association/foundation; if the association/foundation is a foreign entity or has foreign individuals as beneficial owners, the contracting authority collects from the tenderer an affidavit given by the legal representative/president, in accordance with the provisions of Art. 326 of the Criminal Code on false statements, containing details about the beneficial owners of the legal entities (at …

Tenderers are required to have an average global turnover (Cm) for the last 3 financial years 2023, 2024, 2025, depending on the date of establishment or start of business of the economic operator, of at least the estimated purchase value, 2,900,000,00 lei without VAT. This indicator will be obtained from the arithmetical average of the turnover in the last three financial years available, mentioned in the contract notice: Cm = (Ca1 + Ca2 + Ca3) / 3.

When the economic operator has set up or started its business in one of the 3 financial years for which information is requested, the economic operator concerned will include information on the turnover for the financial years concluded until the time of completion of the DUAE. The average global turnover for the last three financial years available, [2023, 2024, 2025], depending on the date of establishment or start of business of the economic operator.

Economic operators participating in the award procedure (bid / bid associate / supporting third party) shall complete the DUAE in accordance with Article 193 (1) of Law 98 / 2016.

In accordance with Article 196 (1) of Law 98 / 2016, with subsequent amendments and additions, the contracting authority may require tenderers to submit all or part of the supporting documents as evidence of the information contained in the DUAE at any time during the course of an award procedure, if necessary to ensure the proper conduct of the procedure.

At the request of the contracting authority, the tenderer ranked first in the intermediate ranking drawn up on completion of the evaluation of the tenders shall submit supporting documents proving the fulfilment of those assumed by completing the DUAE. The tenderer shall provide a copy "in accordance with the original 'of the certificates / edifying documents proving the fulfilment of the qualification requirement (Accounting balance sheets for the last 3 financial years ended, i.e. 2023, 2024, 2025 or equivalent).

Note: The average annual rate reported by the NBR for the years 2023, 2024, 2025 shall be taken into account for the equivalent of lei / currency.

Tenderers are required/requested to demonstrate similar experience. The tenderer will demonstrate similar experience by reference to similar deliveries, indicating the values, dates, and public or private beneficiaries, with a CUMULATIVE value OVER THE LAST 3 YEARS of at least RON 3,200,000.00 excluding VAT, across one or more contracts. Similar products are defined as: storage systems, servers, or other types of equivalent IT&C equipment.

If the deadline for submitting tenders is postponed, the period for similar experience will be extended accordingly (by the number of postponed days). The economic operator is entitled to rely on the support of a third party/third parties regarding the fulfillment of criteria relating to technical and professional capacity, regardless of the nature of the legal relations between the economic operator and the respective third party/parties.

In the case of a consortium, the requirement regarding the minimum level of similar experience is considered met at the consortium level. For supply contracts: execution of deliveries of the specified type. Only for public supply contracts: During the reference period, the economic operator carried out the following main deliveries of the specified type.

Economic operators participating in the award procedure (tenderer/associated tenderer/supporting third party) will complete the ESPD in accordance with Art. 193 para. (6) of Law 98/2016, as amended and supplemented) and will specify at least the following information: subject matter of the contract, contract number and date, beneficiary, value, implementation period. In accordance with Art. 196 para.

1. of Law 98/2016, as amended and supplemented, the Contracting Authority may request tenderers to submit all or part of the supporting documents as evidence of the information contained in the ESPD, at any time during the award procedure, if necessary to ensure the proper conduct of the procedure.At the request of the contracting authority, the tenderer ranked first in the intermediate ranking drawn up upon completion of the tender evaluation will present supporting documents proving the fulfillment of the commitments made by completing the ESPD. Documents requested by the Contracting Authority to be submitted pursuant to the provisions of Art. 196, para.
2. of Law no. 98/2016, as amended and supplemented, and Art. 132, para. (2) of Government Decision no. 395/2016, as amended and supplemented, or Art. 66, para. (1) and (2) of Government Decision no. 395/2016, as amended and supplemented, or Art. 196, para. (1) of Law no. 98/2016, as amended and supplemented:
   • certificates/documents issued or countersigned by an authority or by the beneficiary client. If the deadline for submitting tenders is postponed, the period for similar experience will be extended accordingly (by the number of postponed days); The documents through which economic operators can fulfill the requirement regarding similar experience are the following, without limitation, the list not being cumulative:
   • copies of relevant parts of the contracts they have executed;
   • handover-acceptance certificates;
   • recommendations;
   • acceptance minutes;
   • good performance certifications;
   • ascertaining certificates;
   • other relevant documents). These documents must show: the beneficiary, price, quantity, period (including the date of contract conclusion), products, and place of delivery of the products.If the contracts invoked as experience contain confidentiality clauses that prevent their full submission, the economic operator will present the pages of the contract and its annexes that contain references to: the contracting parties, the subject matter of the contract, the contract duration, the contract price and values, as well as the signatures/stamp of the parties.If the beneficiary is a private client and, for objective reasons, the economic operator cannot obtain a certification/confirmation from them, the demonstration of deliveries is car…

According to Article 3 (1) letter yy) of Law No 98 / 2016, the main activity of "supply 'cannot be subcontracted, subcontracting being permitted by law only for secondary / related activities under the supply contract (transport, maintenance, etc.). The tenderers are required to specify the part (s) of the contract they are to subcontract (if applicable) and to specify information on the association and supporting third parties (if applicable).

The tenderers will declare the subcontractors at the time of submission of the tender and will complete a separate DUAE in this respect (the requirement also valid for the supporting third party, if any). The supporting third party to the economic operators shall be asked for information on the support of a third party. Economic operators shall be required information on the support of a third party.

The tenderer shall submit information on the existence of a third party's claim if the tenderer demonstrates its technical and professional capacity by invoking and supporting another person, then he shall be required to prove his support by submitting a firm commitment to that person. The commitment must be explicit, written and unconditional, stating unequivocally the requirement for the third party to grant support, as well as the concrete way of granting support under the terms of the law.

With the support commitment, the tenderer has the obligation to submit documents submitted to him by the supporting third party / third parties, from which the actual way in which the supporting third party / third parties will / will ensure the fulfilment of their own support commitment, which will be set up as annexes to that commitment.

Where the tenderer demonstrates the fulfilment of the qualification requirement relating to technical and / or professional capacity by invoking the support granted by one or more third parties, its / their capacity shall be combined with that of the tenderer in respect of that / those requirements.

The person providing technical and professional support must not be in the situation which leads to exclusion from the award procedure as provided for in Articles 164, 165 and 167 of Law 98 / 2016, with subsequent amendments and additions.

If the third party / third party fails to meet / meets the relevant capacity criteria or falls within one of the grounds for exclusion provided for in Articles 164, 165 and 167, the contracting authority shall require, a given shingle, that the economic operator replace the supporting third party / third party.

The supporting third party / third parties, through the Commitment, must explicitly state that they are jointly responsible for the performance of the public procurement contract / framework agreement, in accordance with Article 184 of Law 98 / 2016, with subsequent amendments and additions. Date of registering: Associates should not be in the situation leading to exclusion from the award procedure.

Preliminary way of demonstrating compliance with the requirement: the DUAE shall be completed by the economic operators participating in the award procedure with the information related to their situation. The tenderer shall submit an Agreement or preliminary letter of association with the DUAE. Presentation association agreement. The members of the Association shall be jointly responsible for the performance of the contract.