CALCULATION SYSTEMS

Economic operators submitting the offer must prove a form of registration under the law of the country of residence, showing that the economic operator is legally established, that it is not in any of the situations for cancellation of establishment, as well as that it has the professional capacity to carry out the activities subject to the contract. The method by which compliance with the requirement can be demonstrated: the DUAE will be completed by the economic operators participating in the award procedure with information regarding their situation. Offers submitted by economic operators must be accompanied by the DUAE form, under the penalty of rejecting the latter as unacceptable according to Art. 137 para. (2) letter b) of H.G. No. 395/2016. Supporting documents that prove the fulfillment of the commitments made by completing the DUAE, namely a certificate issued by ONRC, or in the case of foreign tenderers, documents issued in the country of residence, must be presented, at the request of the contracting authority, only by the tenderer ranked first in the intermediate ranking established at the end of the evaluation of offers. The information in the certificate must be real/valid at the date of presentation. 2. In accordance with the provisions of Law No. 129 of July 11, 2019, regarding the obtaining of data and information regarding the real beneficiary of the recipient of funds under the financing program, for procurement procedures, economic operators submitting the offer are obliged to present the following documents, as applicable: a) for tenderers whose shareholders are individuals or legal entities registered in Romania, an ONRC extract will be submitted. b) for the winning tenderer(s), the authority collects from the tenderer a declaration on their own responsibility given by the legal representative, according to the provisions of Article 326 of the Penal Code regarding false declarations, which will contain the data regarding the real beneficiaries of foreign legal entities (at least their name, surname, and date of birth), in accordance with Law 129/2019, with subsequent amendments and completions. c) for foreign tenderers, registered outside Romania, they will submit supporting documents, certificates, or other documents issued by the authority responsible for the real beneficiary data in the tenderer's country, accompanied by a translation into Romanian, certified by authorized translators, according to the law. d) for tenderers of associations and foundations, the contracting authority collects from them an extract from the Justice Ministry (National Register of NGOs) regarding the real beneficiaries of the association/foundation; if the association/foundation is a foreign entity or has real beneficiaries who are foreign individuals, the contracting authority collects from the tenderers a declaration on their own responsibility given by the legal representative/president, according to the provisions of Article 326 of the Penal Code regarding false declarations, which will contain the data regarding the real beneficiaries of legal entities (at least their name, surname, and date of birth), in accordance with Law 129/2019, with subsequent amendments and completions. After establishing the ranking of offers, the evaluation committee will request the presentation of the document containing information regarding the real beneficiary of the allocated funds under the financing program together with the supporting documents/evidence related to the information in the DUAE submitted by the tenderer ranked first, aspects that will be mentioned in the protocols regarding compliance with the qualification and selection criteria, drawn up in accordance with the provisions of the methodological norms of the previously mentioned normative acts. Partial collection of the data requested in Article 22 of the RRF Regulation or their absence leads to rejecting the winning offer or, as applicable, cancellation of the public p…