Contract for the procurement of a portable electronic voting system for meetings of the Iasi County Council

Registration in a commercial register Requirement – Economic operators submitting a tender must prove a form of registration under the law of their country of residence, showing that the economic operator is legally established, that it is not in any situation of annulment of establishment, as well as the fact that it has the professional capacity to carry out the activities that are the subject of the public procurement contract. The subject of the contract must correspond to the CAEN/NACE codes in the confirmation of company details (certificat constatator). The information contained in the certificate must be genuine/valid on the date of its submission. Means of fulfillment: The economic operator participating in the procedure, regardless of whether it is an individual Tenderer, member of an association, or Subcontractor, has the obligation to initially complete and submit the ESPD as first evidence of non-inclusion in exclusion situations and fulfillment of capacity requirements (please consult the ESPD User Guide prepared by ANAP available at www.anap.gov.ro, the ANAP Notification on the use of the ESPD in procedures carried out exclusively by electronic means dated 08/04/2019, and the ANAP Notification on the use of the ESPD integrated into SEAP dated 02/07/2019). If parts of the contract will be performed by subcontractors, proof of registration and the correspondence of main/secondary activities within it with the subject of the procurement must also be mandatory submitted by the subcontractors, for the part of the contract they will perform. The supporting documents proving fulfillment of the commitments made by completing the ESPD, namely the ONRC certificate or, for foreign tenderers, equivalent documents issued in the country of residence, are to be submitted upon request of the contracting authority by the tenderer ranked first after applying the award criterion, according to Art. 196 of Law no. 98/2016. NOTE: - In the case of tenderers (natural or legal persons) of a nationality other than Romanian, the mentioned documents shall be submitted in the original language, accompanied by a translation into Romanian.

Where applicable, tenderers shall include information on subcontractors in the DUAE. According to legal provisions, the supply activity cannot be subcontracted. Subcontracting activity can only be performed for services related to the main supply activity. If the tenderer / candidate intends to subcontract part / parts of the contract, the DUAE shall also include information on the part of the contract to be possibly subcontracted and shall have the subcontracting agreement attached. Specify the part (s) of the contract that the economic operator intends to subcontract, if applicable. The documents concerning subcontractors, i.e. Subcontracting Agreement / Subcontracting Contract, are to be submitted with the tender and the DUAE by the deadline for submission of tenders. The contracting authority shall require the tenderer to specify in the tender: a) the categories of service in the contract it intends to subcontract, and the percentage or value of the activities indicated in the tender as being carried out by the subcontractors; and b) the identification data of the proposed subcontractors, if the latter are known at the time of submission of the tender. The proposed subcontractors shall comply with the same obligations as tenderers in the field of environment, social and employment relations established by the legislation adopted at European Union level, national law, collective agreements or international treaties and agreements in these areas, provided for in the award documentation pursuant to Article 51 (1) of the updated Law No 98 / 2016. The contracting authority accepts at the time of submission of the tenders the DUAE document, consisting of a declaration on its own updated responsibility, that preliminary proof instead of certificates issued by public authorities or third parties confirming that the economic operator in question fulfils the following conditions: a) is not in any of the exclusion situations referred to in Articles 164, 165 and 167; b) meets the capacity criteria as requested by the contracting authority. Subcontractors on whose capacity the tenderer is based must, in turn, fill in the separate DUAE, including all the information mentioned under letter a), as well as those under letter b), which are relevant from the perspective of the capacities of the subcontractors on which the tenderer is based under the respective award procedure. In the case of subcontractors on whose capacities the tenderer is not based, DUAE shall contain only the information mentioned under letter a). Method of delivery: DUAE will be completed by economic operators / subcontractors in accordance with Article 193 para. (1) of Law No 98 / 2016. The supporting documents proving the fulfilment of those assumed by the completion of the DUAE such as: criminal record, tax record, finding certificates issued by the ONRC and / or other equivalent documents issued by the competent authorities of the country where the economic operator is established, valid at the time of submission, shall be submitted at the request of the contracting authority only by the highest bidder after application of the award criterion (in accordance with Article 196 of Law No 98 / 2016).