Acquisition of products for the repair or replacement of structured data networks and the establishment of unified Wi-Fi networks at the level of the Court of Accounts of Romania

Economic operators submitting bids must demonstrate a form of registration in accordance with the law of the country of residence, indicating that they are legally established, that they are not in any of the situations leading to annulment of establishment, as well as that they have the professional capacity to carry out the activities subject to the contract.

In accordance with the provisions of Art. 3 (1), letter jj of Law 98/2016 on public procurement, as amended and supplemented: The economic operator is: “...any natural or legal person, of public or private law, or group or association of such persons, including any temporary association formed between two or more of these entities, that legally offers on the market the execution of works, provision of products or provision of services and that is/are established in: (i) a member state of the European Union;

(ii) a member state of the European Economic Area (EEA); (iii) third countries that have ratified the Agreement on Government Procurement of the World Trade Organization (GPA), to the extent that the public procurement contract awarded falls under the annexes 1, 2, 4 and 5, 6 and 7 of Appendix I of the European Union to the respective agreement; (iv) third countries that are in the process of joining the European Union;

(v) third countries that do not fall under point (iii), but that are signatories to other international agreements under which the European Union is obliged to grant free access to the market in public procurement ...”.

Method of fulfillment: DUAE will be completed by the economic operators participating in the award procedure with the information related to their situation.

The supporting documents that prove the fulfillment of the declarations, respectively the certificate issued by ONRC or, in the case of foreign bidders, equivalent documents issued in the country of residence, will be presented, at the request of the contracting authority only by the bidder ranked first in the interim ranking drawn up at the end of the evaluation process of the bids, following the application of the award criterion.

The certificate must reflect the main and secondary activity fields (if any) and their corresponding CAEN codes. The information in the certificate must be true/valid at the date of its presentation.

The object of the contract must correspond to the CAEN code(s) (main and/or secondary activities) registered in the Certificate and must be authorized under the provisions of Art. 122 (7) and (9) of Law no. 265/2022 on the trade register and for the modification and completion of other normative acts affecting the registration in the trade register. Foreign legal entities will present the documents translated into Romanian by an authorized translator. The document must be presented by both the bidder and the bidder(s) associated, if applicable.

The economic operator must submit information regarding similar experience. Means of fulfillment: the ESPD shall be completed by the economic operators participating in the award procedure with information describing their level of experience, with reference to contracts executed in the past, in accordance with the contracting authority's requirements, during a period covering at most the last 3 years.

The partner(s), nominated subcontractors, and supporting third parties shall submit a separate ESPD containing the requested information. Tenderers must demonstrate that, within the last 36 months calculated from the tender submission deadline, they have delivered similar products under a minimum of 1 and a maximum of 3 supply contracts, with a cumulative value of RON 2,500,000 excluding VAT.

Products intended for identical or similar uses and belonging to the normal range of products supplied/marketed by economic operators with continuous activity in the respective sector shall be considered similar products (e.g.: active network equipment such as routers/switches/access points/servers, etc., as well as physical infrastructure elements such as network cables/patch panels/patch cords/sockets, etc.).

In order to broaden competition and facilitate access for as many economic operators as possible to the procurement procedure, the contracting authority requires proof of similar experience across a maximum of 3 supply contracts. The last 36 months shall be calculated from the tender submission deadline initially set in the contract notice.

If the contracting authority is required, for whatever reason, to postpone the deadline set for tender submission, the lower limit of the 36-month period shall be extended by the time period corresponding to the postponement, and the requirement shall be deemed fulfilled for all operators who provided proof of completing the similar experience contract within the newly resulting timeframe. The following documents shall be submitted together with the ESPD, as applicable:

• the firm commitment of the supporting third party showing the actual manner in which its support will materialize (if applicable), accompanied by documents showing the actual manner in which the supporting third party/parties will ensure the fulfillment of their own support commitment, documents which shall constitute annexes to the respective commitment pursuant to Art. 182(4) of Law 98/2016;
• the subcontracting agreement (if applicable);
• the consortium agreement (if applicable). Where tenderers intend to subcontract part/parts of the contract, the tender shall state:
  1. the activities under the contract that they intend to subcontract, as well as the percentage or value corresponding to the activities indicated in the tender as being performed by Subcontractors;
  2. the identification details of the proposed subcontractors, if the latter are known at the time of tender submission. In the ESPD, information such as the following must be specified: number and date of the contract invoked as similar experience, type/categories of products, value, beneficiary, date and number of the acceptance document.The supporting documents proving the fulfillment of the commitments undertaken by completing the ESPD are to be submitted, upon request of the contracting authority, only by the tenderer ranked first in the intermediate ranking drawn up at the end of the evaluation of tenders following the application of the award criterion, and are:
• the acceptance certificate/minutes or other documents showing the following information: beneficiary, delivery period and place;
• recommendations;
• other equivalent documents. Foreign legal entities shall submit the documents with a certified Romanian translation. The imposed capacity criteria are intended to demonstrate the technical, organizational, and logistical potential of each economic operator participating in the procedure, a potential that must reflect its concrete ability to perform the…