Cybersecurity solution type WAF intended for the protection of the web applications of A.S.F.

Economic operators having the status of tenderer, associate tenderer or subcontractor must prove a form of registration under the law of the resident country showing that the economic operator is legally constituted, that he is not in any of the situations of annulment of the constitution, and that he has the professional capacity to carry out the activities covered by the public contract.

The requirement shall also apply to associated tenderers and subcontractors, which shall supplement the information related to their situation at the level of a separate DUAE. 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.

The supporting document proving the fulfilment of those assumed by the completion of the DUAE is the finding certificate issued by the ONRC, or, in the case of bidders of foreign legal / natural persons, equivalent documents issued in the country of residence, translated into Romanian, to be submitted, at the request of the contracting authority, in accordance with the provisions of Article 196 (1) of Law No 98 / 2016 on public procurement, with subsequent amendments and additions, or in accordance with the provisions of Article 196 (2) of the same normative act only by the tenderer ranked 1st place in the intermediate classification drawn up at the end of the evaluation of tenders.

Where parts of the contract will be executed by subcontractors, proof of registration and correspondence of the principal / secondary activities within the contract with the subject-matter of the procurement will also be submitted by subcontractors for the part of the contract they will perform. Note: The information contained in the documents requested above must be real / current at the date of presentation.

A. Where the tenderer intends to subcontract part / parts of the contract, the DUAE shall also include information on the part of the contract to be eventually subcontracted and shall have attached the subcontracting agreement and the identification data of the proposed subcontractors if they are known at the date of submission of the tender.

B. Subcontractors on whose capacity the tenderer is based shall in turn complete the separate DUAE including the information referred to in Article 193 (1) (a) of Law No 98 / 2016 on public procurement, as amended and supplemented.

C. In the case of subcontractors on whose capacity the tenderer is not based, the DUAE shall contain only the information referred to in Article 193 (1) (a) of Law No 98 / 2016 on public procurement, as amended and supplemented, as well as those of paragraph 1 (b) and (c) which are relevant in terms of the capacity of the subcontractors on which the tenderer is based under the award procedure.

Subcontractors whose capacity the tenderer relies on to demonstrate the fulfilment of certain qualification and selection criteria are also considered to be third parties to support, in which case the subcontracting agreement is also a firm commitment.

The contracting authority shall be required to take this support into account, as evidence of the fulfilment of the minimum criteria required in the award documentation, provided that the following conditions are met cumulatively: a) the supporting third party (s) may prove that they have the resources invoked as an element supporting the tenderer; (b) the tenderer may demonstrate that it will effectively dispose of the resources of the entities providing support necessary for the performance of the contract, if the supporting third party is not declared a subcontractor. NOTE:

1. Subcontractors proposed shall comply with the same obligations as tenderers, in the field of environment, social and labour relations, established by legislation adopted at European Union level, national law, collective agreements or international treaties and agreements in these areas, as provided for in the award documentation.
2. Where it is not apparent from the information and documents provided in Article 219 (1) of Law No 98 / 2016 on public procurement, as amended and completed, that the proposed subcontractor has the technical and professional capacity required for the part (s) of the contract to be actually fulfilled, the contracting authority shall reject the proposed subcontractor and shall request the tenderer to replace it once and to submit another subcontractor with the technical and professional capacity necessary for the part (s) of the contract that he is actually to perform, with the contractor remaining sole responsible for the performance in time and the promised quality of the contract.