Acquisition of licenses.

The requirement shall also apply to subcontractors for the part of the contract they are to undertake, which will complement the information related to their situation at the level of a separate DUAE.

In accordance with Articles 53 and 167 paragraph (1 ^ 1) of Law 98 / 2016, the subsequent amendments and additions, the provisions of European and national incident legislation (Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, and repealing Directive 2005 / 60 / 60 / EC of the European Parliament and of the Council and of 20 May 2015 on the prevention of the prevention of money laundering and terrorist financing, as regards thereto, as regards to be published in accordance with Article 56 / 70 / 70 / 70 / 70 / 70 / 70 / 70 of Directive, as well as well as regards to be published in accordance with the Directive.

Method of implementation: The DUAE will be supplemented by economic operators participating in the procurement procedure with the information requested by the contracting authority - information on the fulfilment of the requirements for the ability to pursue the professional activity.

In order to demonstrate the capacity to carry out the professional activity, if its tender is declared to be successful, the tenderer shall submit supporting documents proving the fulfilment of those undertaken by completing the DUAE, namely: The supporting document proving the fulfilment of those assumed by the completion of the DUAE, namely the CONSTATORY CERTIFICATE EMIS DE ONRC, or in the case of foreign legal / physical bidders, the equivalent documents issued in the country of residence, translated into Romanian, are to be submitted, at the request of the contracting authority / entity, only by the highest bidder in the ranking drawn up after the award criterion has been applied.

In the case of single stage award procedures, only the highest bidder in the intermediate ranking made after the evaluation of all tenders submitted, according to the award criterion specified in the contract notice, will have to submit the underlying documents indicated in the instructions to the tenderers / data sheet of the acquisition, in order to prove those assumed by the DUAE.

Where parts of the contract will be executed by subcontractors, proof of registration, resulting in the ability to carry out the part of the contract it will perform. According to the legal provisions, the supply activity cannot be subcontracted under Article 3 (1) (yy) of Law No 98 / 2016, with the exception of services related to the main supply activity intended to be subcontracted.

For foreign legal / natural persons, documents proving a form of registration / attestation will be presented in translation in Romanian. The potential bidders in the European Union and in the European Economic Area (EEA) countries may use the European Commission website available at: https://ec.europa.eu / tools / ecertis / search to identify documents to be submitted as supporting documents (if available in that country).

In the case of an association, each associate shall be required to submit the DUAE form for the part of the contract it intends to carry out. The requirement shall also apply to subcontractors who supplement information related to their situation at the level of a distinct DUAE.

Where the contracting authority/entity is forced, regardless of the reasons, to postpone the deadline set for the submission of requests to participate/tenders, the lower limit of the 3-year period shall be extended by the time period corresponding to the postponement, with the requirement being considered fulfilled for all economic operators that have provided proof of completion of the similar experience contract within the newly resulting time interval.

The phrase "deliveries of similar products" shall mean: the supply of security licenses/subscriptions/updates. For equivalence, the average annual Leu/foreign currency exchange rate communicated by the NBR will be taken into account.

The requested similar experience does not represent similar experience identical to what is to be acquired, but refers to categories/types of products of comparable complexity to those covered by the contract to be awarded, using a general description related to the field into which it falls, to ensure that the tenderer has the capacity to understand the contracting authority's requirements.

If several economic operators participate jointly in the award procedure, the fulfillment of the criteria regarding technical and professional capacity shall be demonstrated by taking into account the resources of all group members, and the contracting authority/entity requires that they be jointly and severally liable for the execution of the public procurement contract.

According to Art. 14 (1) of Instruction no. 2/2017 issued by ANAP, "Where an economic operator cannot fulfill the requirement relating to similar experience, it has the possibility of associating with another economic operator in order to submit a joint tender or may invoke third-party support, in which case similar experience is demonstrated by taking into account the resources of all group members." Method of fulfillment: The contracting authority will select in the ESPD "α: global indication for all selection criteria"; therefore, the checkbox will also be ticked by economic operators when completing the ESPD.

The economic operator shall complete the respective point in Part IV without having to complete any other section in Part IV, sections A, B, C, or D. The nominated partner(s) shall submit separate ESPDs containing the requested information.

The association agreement, the commitment of support, and the subcontracting agreement are documents that must be submitted together with the ESPD. - Updated supporting documents proving the fulfillment of the commitments made by completing the ESPD, namely relevant documents, contracts/certificates of performance and/or documents issued or countersigned by contracting authorities or beneficiary clients showing the type of products supplied, their value, the period in which they were supplied, acceptance reports, other documents showing that the products were accepted, recommendations, or other documents indicating the following information: the beneficiary, the quantity/value, the period and place of delivery, as well as the fact that the products were accepted, recommendations, other equivalent documents are to be submitted, upon request of the contracting authority, only by the tenderer ranked first in the intermediate ranking drawn up upon completion of tender evaluation, according to Art. 196 para. (2) of Law no. 98/2016.

Tenderers shall submit a list of the main similar supply contracts delivered in the last 3 years (relative to the deadline for submission of tenders), containing values, delivery periods, beneficiaries, whether the latter are contracting authorities or private clients, the number and date of the contract invoked as similar experience, and other relevant information, as applicable, describing the level of experience similar to the subject matter of the contract to be awarded.

If a group of economic operators submits a joint tender, the requirement regarding similar experience will be met cumulatively by the participating o…

Method of implementation: DUAE shall be completed by the economic operators participating in the award procedure with information relating to their situation. The subcontracting agreement will also be submitted in the Annex to the DUAE. Where the tenderer uses the capacities of the subcontractor / subcontractors to meet the qualification criteria, the DUAE shall be completed separately from each of those subcontractors, duly completed by each of them.

The requirement shall also apply to the supporting third party, if any. The bidders will present with the submission of DUAE the commitment of the supporting third party (together with documents attached to the undertaking, which results in the actual way in which its / their support will materialise).

The DUAE submitted by the supporting third party (s) shall include all information referred to in Article 193 (1) (a), as well as information from Article 193 (1) (b) and (c) of Law No.98 / 2016, as amended and supplemented, which is relevant for the support granted under the award procedure.

If the economic operator demonstrates its economic and financial situation and / or technical and / or professional capacity by invoking and supporting, in accordance with the provisions of Article 182 of Law No 98 / 2016, the subsequent amendments and additions by one or more third parties, then the economic operator is required to prove to the contracting authority that it has taken all necessary measures to have access to the necessary resources at any time, presenting a commitment to that effect from the third party / third parties.

In the case of an association, where appropriate, the tenderer shall submit information on the associations. Each tenderer / associate shall be required to submit the DUAE form for the part of the contract it intends to perform. The DUAE will be supplemented by each member of the association with information related to its situation. With the submission of the DUAE, the Association Agreement in Romanian will also be submitted, signed by the legal representative of each associate bidder.

The contracting authority will select in the DUAE "α: overall indication for all selection criteria ', therefore the check will also be operated by economic operators when completing the DUAE.

The economic operator shall complete that point in Part IV without having to complete any other section in Part IV, Sections A, B, C or D The updated supporting documents proving the fulfilment of those assumed by the completion of the DUAE are to be submitted, at the request of the contracting authority, only by the highest bidder after the application of the award criterion until the date of completion of the evaluation