Contract for the provision of hardware and software in the field of computer searches under the project Strengthening digital forensics capabilities to protect the financial interests of the European Union EUAF- 2025-TA - 02 - RO-2025-FORENSIQ

Entry in the Trade Register and Declaration on the actual beneficiary of the tenderer. The DUAE shall be completed by the economic operators participating in the award procedure with the information related to their situation. The contracting authority shall require that economic operators submitting tenders (individual tenderer / associate tenderer / proposed subcontractor / supporting third party) prove a form of registration under the law of the country of residence, showing that the economic operator is legally constituted, the structure of its shareholder / members, that it is not in any of the situations of cancellation of the constitution, and that it has the professional capacity to carry out the activities covered by the contract. The contracting authority shall require the submission of a document issued by the National Trade Registry Office stating that the subject matter of the contract is related in the C.A.E.N. Code. The tenderer shall provide proof that it is not in any of the situations of annulment of its constitution and that it has the professional capacity to fulfil the terms of the contract, proving that the principal activity / activities subject to the present procurement procedure are included in its activity and that they are carried out in accordance with Article 173 of Law 98 / 2016. Romanian legal entities - The finding certificate issued by the ONRC from which the seat of the tenderer is located. The certificate submitted must result from: a) the object of the tenderer's activity; the subject of the contract must have a correspondent in CAEN from the certificate found. b) the status of the tenderer; c) the person representing the tenderer in relation to third parties. Foreign legal persons - Foreign economic operators submitting the offer must prove a form of registration under the law of the country of residence, to show that the economic operator is legally constituted that it is not in any of the situations of annulment of the constitution and that it has the professional ability to perform the activities covered by the contract. The tenderer will present edifying documents, translated into Romanian by an authorised translator, real / actual at the time of the presentation, which will prove a form of registration as a natural / legal person or of registration / attestation or membership in a professional manner, and shall mention persons representing the entity in relations with third parties, in accordance with the legal provisions of the country where the tenderer is resident. The documents submitted must also prove that its activity includes activities such as those covered by the procurement and contain information on the state of the tenderer. Note: In the case of a joint offer, each participant in the association shall submit the supporting documents required under Article 196 of Law No 98 / 2016 resulting in the fulfilment of the qualification criteria regarding the ability to exercise the professional activity for the part of the contract they perform. The contracting authority shall require that economic operators submitting tenders provide evidence of the submission to the ONRC of the beneficial ownership declaration under the conditions laid down in Law No 129 / 2019. The statement submitted shall certify the beneficial ownership of the legal person and the way in which the control is exercised. The 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 in the ranking drawn up following the application of the award criterion, as provided for in Article 132 (2) of the Rules are: a) The document issued by the ONRC.

In the case of foreign persons, documents proving the requirement similarly will be presented. The documents will be presented together with the authorised translation in Romanian. b) The document issued by the National Office of the Trade Register…

For product purchase contracts: provision of specified-type products. The DUAE will be completed in accordance with the ANAP Notification No 240 / 2016 in conjunction with the NOTIFICATION ANAP No 1 / 2021 on the possibility to supplement the DUAE provided by Commission Implementing Regulation (EU) 2016 / 7 of 5 January 2016 establishing the standard form for the European Single Procurement Document. Tenderers (economic operator or members of the association of economic operators together) shall demonstrate that during the last 3 years calculated by the closing date for the submission of tenders they have supplied products similar to those described in the specification for each lot at the level of maximum 3 supply contracts of at least: - LOT 2 - 100.000 lei without VAT, delivered equipment / products of a complexity comparable to those described in the specification; - LOT 3 - 600,000 lei without VAT, delivered equipment / products of a complexity comparable to those described in the specification; - for lot 1 similar experience in hardware delivery, and for lots 4 and 5 similar experience in delivery / supply / software update services. The values of similar experience will be converted from the euro to the average leu / euro rate communicated by the National Bank of Romania for that year. Tenderers who have to convert currencies other than the euro will use the annual average exchange rates established by the European Central Bank. Similar products shall mean any type of equipment / product as defined in each lot, or equivalent, which are intended for the same or similar use and are part of the normal range of products which are supplied / marketed by the OE with constant activity in that sector, thereby meeting the needs that AC is to cover by carrying out this procurement. The calculation of the 3-year period will correspond to possible delays in the deadline set out in the initial published contract notice, in which case the deadline for submission of offers will be extended accordingly (by days) and the period of similar experience. Method of implementation: To be completed DUAE. The supporting documents proving the fulfilment of those assumed by the completion of the DUAE shall be submitted at the request of the contracting authority, only by the highest bidder in the intermediate ranking drawn up following the application of the award criterion, as provided for in Article 132 (2) of the Rules. The last 3 years shall be calculated by reference to the deadline for submission of tenders established by the contracting authority by the contract notice. If the deadline for submission of offers is extended, it will extend accordingly (with the days of delay) and the period of similar experience. For the calculation of equivalence, the average annual leu / other currency reported by the NBR for each year shall be applied. The DUAE shall be completed by each bidder, associate, subcontractor, third supporter. The supporting documents proposing the fulfilment of the requirements regarding similar experience shall be submitted at the request of the contracting authority only by the highest bidder in the intermediate ranking. The documents by which economic operators can prove that the requirement is met are the following, not limited to, the listing not cumulative: - copies of relevant parts of the contracts they have performed accompanied by the findings / recommendations / minutes of receipt issued by the beneficiary of the products supplied on the manner in which the contractual obligations are met, attesting the quantity and value of the products supplied and the fact that the economic operator has fulfilled its contractual obligations.

Foreign economic operators will submit copies of any documents confirming the supply of similar products, accompanied by their authorized translation in Romanian. In the case of a joint offer (association), the requirement shall be demonstrated by taking into account the resources of all me…