Development of the digital platform for environmental regulatory procedures

Economic operators must be legally established in order to carry out economic activities. The economic operators participating in the procedure shall prove that the professional activity (registration form and subject matter) capacity in accordance with the legal requirements of the country in which it is established. The successful tenderer shall present, prior to the award of the contract, at the request of the Contracting Authority, the certificate of establishment issued by the Office of the Trade Register of the Territorial Tribunal in its entirety, VALABIL at the time of submission (or equivalent documents issued in the country of residence, translated into Romanian for foreign legal / natural persons), from which the main / secondary activity carried out under the CAEN code corresponds to the subject of the contract. The following information shall also be included in the certificate of establishment issued by the Trade Registry Office of the Territorial Court: the identification data of the economic operator, shareholders / associations, management bodies, administrators, members of the Management Board, members of the Supervisory Board, participation shares. Economic operators, as early as the submission of tenders, are required to make available to the Contracting Authorities information on the beneficial owner of the allocated funds. The tenderer shall submit, together with the DUAE, within the framework of the qualification documents a Statement on the beneficial owner according to the model of forms. Form No 14. After establishing the ranking of tenders, the contracting authority will request the submission of the document containing information on the beneficial owner of the funds allocated together with the supporting documents / evidence related to the information of the DUAE submitted by the highest bidder as follows: (a) for tenderers whose shareholders are natural persons or legal persons registered in Romania, an ONRC extract will be submitted. b) for the tenderer / tenderers declared to be the winner (i) has / have in the shareholders structure foreign legal entities, the contracting authority shall collect from the tenderer a self-declaration given by the legal representative, as provided for in Article 326 of the Criminal Code on false declarations, which shall contain the data on the beneficial owners of foreign legal entities (at least the name, surname and date of birth), in accordance with Law 129 / 2019, with subsequent additions and amendments. c) for foreign bidders registered outside Romania, they will submit supporting documents, certificates or other documents issued by the authority responsible for the data of the actual beneficiary in the country of the tenderer, together with the translation into Romanian, certified by authorised translators, under the conditions of the law. d) for tenderers such as associations and foundations, the contracting authority shall collect from them an extract from the Ministry of Justice (National NGO Registry) concerning the beneficial owners of the association / foundation; where the association / foundation is a foreign entity or has real beneficiaries of foreign persons, the contracting authority shall collect from the tenderers a self-declaration given by the legal representative / president, as provided for in Article 326 of the Criminal Code on false declarations, which shall contain data on the beneficial owners of legal entities (at least the name, surname and date of birth), in accordance with Law 129 / 2019, with subsequent additions and amendments.

The contracting authority wishes to ensure that potential tenderers have the necessary economic and financial capacity to execute the public contract and to be protected from a possible risk of failure to perform the contract properly. Economic operators must demonstrate that they have an average overall turnover over the last 3 financial years available (2023, 2024, 2025) for which there is a completed financial year, at least equal to 100% of the estimated contract value, i.e.: 44.792.152 lei, excluding VAT. The DUAE will be supplemented by economic operators participating in the award procedure with information describing the average overall turnover over the last 3 financial years available (2023, 2024, 2025) for which there is a completed financial year, at least equal to 100% of the estimated contract value, i.e. 44.792.152 lei, excluding VAT. For equivalence, the average annual rate of MDL / foreign currency reported by the NBR for each year shall be taken into account. The DUAE will be supplemented by tenderers, associates and third parties supporting the contracting authority to request, only the highest bidder after the application of the award criterion on admissible tenders, the submission of annual financial statements for the last 3 financial years available for which there is a completed financial year, drawn up in accordance with the accounting rules applicable under accounting law No 82 / 1991 or other documents. Where several economic operators submit a joint offer, the resources of all members of the group will be taken into account to demonstrate economic and financial capacity. For non-resident tenderers, annual financial statements prepared in accordance with accounting regulations in the country of residence, together with the report of the financial auditor, will be presented. The documents will be accompanied by the authorised translation in Romanian. In particular, if the economic operator demonstrates its economic and financial situation by relying also on the support granted by one or more third parties, then the economic operator is required to prove to the contracting authority that it has taken all necessary measures to have access at any time to the necessary resources, making an undertaking to that effect by the third party (s). With the support undertaking, the tenderer is required to submit documents submitted to it by the supporting third party (s), resulting in the actual way in which the supporting third party (s) will / will ensure that their support commitment is fulfilled, which will be attached to that commitment. If the tenderer demonstrates that the criteria relating to the economic and financial situation are met based on the capacities of other entities, invoking, where appropriate, the support of a third party, the DUAE, together with the undertaking to support it, must also be completed separately by the supporting third party (s) on whose capacity the tenderer is based. The DUAE submitted by the supporting third party (s) will include all information showing that the third party is not in any of the exclusion situations, as well as information showing that it meets the capacity criteria as requested by the contracting authority.

1. Tenders are required to demonstrate that they have supplied similar products in the last 3 years, calculated prior to the deadline for submission of tenders, the value of which was minimum: 44.792.152 lei without VAT. Similar products include integrated IT systems, which included both application software packages and their implementation services (analysis, design and configuration). The 3-year period shall be calculated in accordance with Article 13 of the ANAP Guideline No 2 / 2017 The supporting documents proving the fulfilment of those assumed in the DUAE are to be submitted at the request of the Contracting Authority, only by the tenderer ranked 1st in the intermediate ranking drawn up on completion of the evaluation of tenders, after application of the award criterion. The economic operator ranked first after the application of the award criterion to admissible tenders shall prove that similar experience requirements are met by: - Presentation of documents issued or countersigned by the beneficiary (public authority or private client) and / or by third parties (banking / treasury institutions, to ex., where account extracts are required) resulting from the value of similar deliveries, their nature and the period during which they were executed. - For contracts which demonstrate similar experience, certificates of good performance / acceptance minutes or record-keeping documents issued by the beneficiary concerned shall be presented. These documents must include: - the beneficiary, whether they are AC or private customers; - the date of conclusion of the contract; - the subject matter so as to provide all the information required and necessary to verify compliance with the requirement for similar experience; - the value of the products supplied by the tenderer in MDL without VAT; - the period of execution of the periodic period (starting date and end date) during which the products were supplied; - the place of supply of the products; - to specify whether they were executed in accordance with the relevant professional rules and whether they were completed. Proof of compliance with the required requirements may be furnished by the submission of one or more documents from which all the information required is derived. Where a public contract concluded by a contracting authority has been subcontracted, the beneficiary referred to above is AC and not an economic operator acting as a supplier in the public contract has subcontracted the execution of a part thereof. Thus, the documents representing the performance certificates will be issued or countersigned by AC, which is the beneficiary of the services. Documents issued / countersigned only by the original supplier will not be accepted. The reason for this claim is based on the provisions of Article 218 paragraph (4) of Law 98 / 2016. For the calculation of the price of contracts expressed in a currency other than in Lei, the average rate communicated by the NRB shall be used. If several economic operators submit a joint offer, the resources of all members of the group will be taken into account for demonstrating technical and / or professional capacity. For non-resident bidders, the documents will be accompanied by the authorized translation in Romanian. If the deadline for submission of tenders is extended, it will extend accordingly (with days of delay) and the period of similar experience;

According to Article 3 (1) letter yy) of Law No 98 / 2016, the main activity of "supply 'cannot be subcontracted, subcontracting being permitted by law only for secondary / related activities under the supply contract (transport, maintenance, etc.). The tenderers are required to specify the part (s) of the contract they are to subcontract (if applicable) and to specify information on the association and supporting third parties (if applicable). The tenderers will declare the subcontractors at the time of submission of the tender and will complete a separate DUAE in this respect (the requirement also valid for the supporting third party, if any). The tenderers will submit with the submission of the DUAE the commitment of the supporting third party - Form No 4 (together with documents attached to the undertaking, transmitted to them by the supporting third parties, resulting in the actual way in which its support will materialise), the Association Agreement - Form No 5 and the Subcontracting Agreement - Form No 6 (where applicable). The supporting documents proving the commitments / agreements will only be requested from the highest bidder at the request of the contracting authority. Note: 1.In the case of a joint offer (association), the requirement shall be demonstrated by taking into account the resources of all group members (through cumulation). The Association Agreement should be submitted with the DUAE. 2. If the requirement is demonstrated by invoking the support of a third party, the firm support commitment (s) from the third party (s), including the actual way in which the supporting third party (s) will ensure that the support commitment is fulfilled. In particular, if the economic operator demonstrates its economic and financial situation by relying also on the support granted by one or more third parties, then the economic operator is required to prove to the contracting authority that it has taken all necessary measures to have access at any time to the necessary resources, making an undertaking to that effect by the third party (s). With the support undertaking, the tenderer is required to submit documents submitted to it by the supporting third party (s), resulting in the actual way in which the supporting third party (s) will / will ensure that their support commitment is fulfilled, which will be attached to that commitment. If the tenderer demonstrates that the criteria relating to the economic and financial situation are met based on the capacities of other entities, invoking, where appropriate, the support of a third party, the DUAE, together with the undertaking to support it, must also be completed separately by the supporting third party (s) on whose capacity the tenderer is based. The DUAE submitted by the supporting third party (s) will include all information showing that the third party is not in any of the exclusion situations, as well as information showing that it meets the capacity criteria as requested by the contracting authority.

The tenderer / associations shall provide evidence of the implementation of a quality management system in accordance with SR EN ISO 9001: 2015 or equivalent. The contracting authority will require only the highest bidder after applying the award criterion to admissible tenders to submit supporting documents (submission of certificates valid at the time of submission by accreditation certification bodies or other evidence / evidence confirming the assurance of an appropriate quality level as well as the submission of certificates valid at the time of submission by accreditation certification bodies or other evidence / evidence confirming the assurance of an appropriate level of information security) proposing the fulfilment of the requirement. - Certificates issued by independent bodies on quality assurance standards shall be completed in the DUAE form.