Digital Solutions and CityApp developed in the Municipalities of Odorheiu Secuiesc and Gheorgheni Municipality of Odorheiu Secuiesc in partnership with the Municipality of Gheorgheni, Regional Program Center 2021-2027, Intervention 2.1.1 (RSO1.2), SMIS code 336969

Economic operators submitting the offer must prove a form of registration in accordance with the law of the country of residence, from which to reiterate that the economic operator is legally constituted, that it is not in any of the situations of cancellation of the constitution, as well as that it has the professional capacity to perform the activities covered by the contract.

Method of delivery: The unique bidder / Associate bidder / Supporter third * / Subcontractor will complete the DUAE section "Selection criteria" - section A "Capacity to meet requirements." 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 Registry of the Republic of Moldova in full, which shall result in the main / secondary activity carried out according to the CAEN coding corresponding to the subject of the contract.

Also, the following information must be found in the certificate issued by the Trade Registry Office of the Territorial Court: identification data of the economic operator, shareholders / associations, management bodies, administrators, members of the Board of Directors, members of the Supervisory Board, participation rates. * Note: The qualification requirement cannot be fulfilled through a supporting third party.

However, if the tenderer receives support from third parties for other qualification requirements, under the terms of the law, or if he subcontracts parts of the contract, he shall submit the documents attesting the form of registration to the supporting third parties / subcontractors declared in the DUAE. Note 1: All supporting documents attesting the professional activity capacity of the economic operators will contain real, valid and current information at the time of their presentation.

Note 2: For foreign legal entities, there will be presented edifying documents proving a form of registration in accordance with the legal provisions of the country where the tenderer is established, from which to repeat the information requested by the Contracting Authority. Note 3: In the case of an association, documents attesting the form of registration shall be presented for each of the members of the association.

In order to meet the requirement, it is sufficient that the object of each member's activity is consistent with the part of the contract he will perform. Note 4: For subcontractors declared in DUAE, the object of activity registered in the documents attesting the ability to exercise professional activity will be consistent with the part of the contract they will perform.

Note 5: Any economic operator, organised as a public limited liability company, whose share capital is represented by shares in bearer shares is required to prove the identity of the real holders / beneficiaries of shares in bearer.

In this respect, the legal representative of the economic operator shall submit a self-declaration concerning the holders / beneficial owners of the shares in the carrier, under the penalties provided for in Article 326 of Law No 286 / 2009 on the Criminal Code, with subsequent amendments and additions.

Otherwise, the contracting authority shall be obliged to exclude from the award procedure any economic operator, organised as a public limited company, whose share capital is represented by shares in the carrier and which does not provide evidence of the identity of the actual holders / beneficiaries of shares in the carrier, in accordance with the provisions of Article 167 (1) ^ 1 of Law No 98 / 2016.

The tenderer must demonstrate that the average annual turnover over the past 3 financial years was at least 3,000,000 lei. The requirement is related to the average of the last three exercises, not every exercise individually and is below the maximum permitted by art. 175 of Law no. 98 / 2016, i.e. twice the estimated contract value. If a group of economic operators submits a joint offer, the requirement shall be demonstrated by taking into account the resources of all members of the group.

In this case, the associate tenderer will also complete the DUAE - section "Selection criteria '- item B" Economic and financial capacity'. In addition, together with the offer, the SEAP and Association Agreement, signed with extended electronic signature, will be loaded under the law. In order to meet the requirement, the tenderer may benefit from the support of a third party / third party, subject to the provisions of Article 182 of Law No 98 / 2016 and Article 48 of GD No 395 / 2016.

In this case, the supporting third party will complete the DUAE - section "Selection criteria" - item B "Economic and financial capacity." For the equivalence of the leu / foreign currency, the average annual rate reported by the NRB for each year shall be taken into account.

Method of delivery: The tenderer / associate bidder / supporter third party will complete, DUAE - section "Selection criteria" - item B "Economic and financial capacity." The highest bidder after the award criterion will submit, prior to the award of the contract, at the request of the Contracting Authority, the financial statements or extracts from the financial statements of the years 2023, 2024 and 2025.

These documents will also be submitted by the associated tenderer if its resources have been taken into account for the fulfilment of the requirement. If for objective and justified reasons the economic operator is not in a position to submit the required documents, he shall be authorised to provide proof of his economic and financial situation by any other document which may be considered appropriate. If it is supported by a third party, the tenderer will submit:

1. The firm commitment to economic and financial support granted by the supporting third party. The firm commitment will be loaded into SEAP together with the offer and signed with extended electronic signature under the law.
2. documents submitted to the tenderer by the supporting third party / third party / s, resulting in the actual way in which the supporting third party / third party / s will / will ensure that its own support commitment is fulfilled, which is set out in the annexes to the firm commitment.The documents submitted shall indicate in concrete terms what financial resources the third party will mobilise if the tenderer has difficulties during the performance of the contract or is unable to perform the contract, the type of such documents being determined by the obligations assumed by the tenderer and the supporting third party by firm commitment.The supporting third party will prove by the documents submitted that it has all the resources invoked as an element of the tenderer's support. These documents will be loaded into SEAP together with the firm commitment and offer, and signed with extended electronic signature under the law.
3. the financial statements or extracts from the financial statements for the years 2023, 2024 and 2025 resulting in the fulfilment of the required minimum level of the economic and financial situation requirement. The documents referred to in item c) shall be submitted by the tenderer ranked first after the award criterion has been applied prior to the award of the contract, at the request of the Contracting Authority, subject to the requirements for electronic signature of the documents.

The contracting authority will take into account the support granted by the supporting third party (s) to meet the minimum criteria required in the award documentation, provided that the fol…

The tenderer must prove that it has performed, within the last 3 years completed as of the deadline established for the submission of tenders, similar services with a cumulative value of at least RON 1,000,000 excluding VAT, under one or a maximum of 3 contracts.

The tenderer shall demonstrate that it has provided similar services of the type/nature and complexity of the above-mentioned objective, as well as from the perspective of the result or functionality pursued through the scope of the contract, comparable to those subject to the procurement, the beneficiaries of which are contracting authorities or private clients.

Similar services mean development and/or implementation services for software applications and/or digital platforms that have led to the delivery of a functional software solution, regardless of the field of use. The presented services are not required to cover the same field of activity or the same type of application as the object of this procurement. Method of fulfillment: According to the provisions of Art. 182 para.

1. of Law no. 98/2016, as subsequently amended and supplemented, the tenderer is entitled to rely on the support of a third party/third parties regarding the fulfillment of criteria relating to technical and professional capacity, regardless of the nature of the legal relationships between the economic operator and the respective third party/parties. According to para.
2. of the same Art. 182, regarding the fulfillment of criteria relating to technical and professional capacity, the tenderer may rely on the capacity of the supporting third party only when the latter will actually perform the works/services in connection with which the respective qualifications are required. In this respect, the supporting third parties will submit the relevant information by completing the ESPD.In the case of a consortium, the tenderer may fulfill the requirement regarding similar experience by cumulating the individual or joint experience presented by all members of the group. In this respect, all members of the group will submit the relevant information by completing an ESPD.According to the Notification on the use of the ESPD dated 08/04/2019 issued by ANAP: "For cases where the tenderer is a consortium of economic operators or where the tenderer has subcontractors or supporting third parties, each economic operator will log in to the system and access the relevant award procedure in order to complete the ESPD in the capacity in which it was included in the respective procedure (consortium member, subcontractor, supporting third party).All those who must respond to the ESPD must be registered as system users.As is currently the case, one of the consortium members or the economic operator participating with an individual tender registers and submits the tender in the award procedure, while the other participants complete only the ESPD directly in the system and cannot modify the tender." The ESPD must explicitly state, for each contract presented, at least the following information required to verify fulfillment of the criterion: in the description, mention: the contract title, contract date and number, type of successfully completed works, category A or B;and in the value section: the value of the successfully completed works, in RON excluding VAT, the value corresponding to the percentage of works performed, as applicable, in RON excluding VAT, the start date, completion date, and the contract beneficiary.Joint contracts submitted individually by each member of a consortium will be taken into account only once.According to the provisions of Art. 193 of Law no. 98/2016, as subsequently amended and supplemented, the contracting authority shall accept the ESPD (European Single Procurement Document) at the time of tender submission as preliminary evidence to demonstrate the qualification requirements, including the suitability to pursue the professional activity. Along with completing the ESPD pursu…

The tenderer is required to specify the categories of services it intends to subcontract, as well as the percentage or value related to the activities indicated in the tender as being carried out by subcontractors, and the identification details of the proposed subcontractors, if known, at the time of tender submission.

If the procurement documents require certifications for the provision of services, and the tenderer does not hold the requested certifications and intends, during contract performance, to subcontract the part/parts of the contract for which these are required, and the subcontractor is unknown as of the tender submission deadline, the tenderer is obliged to indicate “YES” in the ESPD under Part IV Selection Criteria => C. Technical and professional capacity => Subcontracting proportion.

If, during the execution of the contract, the tenderer wishes to subcontract a part of the contract, it is mandatory for the tenderer to state “YES” in the ESPD under Part IV Selection Criteria => C. Technical and professional capacity => Subcontracting proportion as of the tender submission deadline. The contractor has the right to involve new subcontractors during contract performance, provided that their nomination does not represent a substantial modification of the public procurement contract.

According to the provisions of Art. 193 of Law 98/2016, the contracting authority will accept, at the time of tender submission from the tenderer, the completed ESPD, which will also include information on the part of the contract to be subcontracted and will have the subcontracting agreement attached.

Subcontractors on whose capacity the tenderer relies will, in turn, complete a separate ESPD, including information regarding exclusion grounds, as referred to in Art. 164, 165, and 167 of Law no. 98/2016, as well as those relevant from the perspective of the capacities on which the tenderer relies. If a qualification requirement is not met through the subcontractor, it will submit the ESPD solely to demonstrate that it does not fall under any grounds for exclusion.

According to the Notification on the use of the ESPD of 08/04/2019 issued by ANAP: “For cases where the tenderer is a consortium of economic operators or where the tenderer has subcontractors or supporting third parties, each economic operator shall log into the system and access the procurement procedure of interest in order to complete the ESPD in the capacity in which it was included in that procedure (associate, subcontractor, supporting third party).

It is necessary that all entities required to respond to the ESPD be registered as system users.

As is currently the case, one of the members of the consortium or the economic operator participating with an individual tender registers for the procedure and submits the tender, while the other participants only complete the ESPD directly in the system and cannot alter the tender.” The economic operator ranked first following the application of the award criterion to the admissible tenders shall prove fulfillment of the qualification requirements through subcontractors by presenting their supporting documents, upon the request of the contracting authority.

The contracting authority may reject the proposed subcontractor if it does not meet the qualification requirements regarding capacity or falls under grounds for exclusion, and may request the candidate/tenderer, only once, to replace it and present another subcontractor.

Prior to awarding the contract, to demonstrate compliance with all qualification criteria in accordance with the information contained in the ESPD, the contracting authority will request the tenderer ranked first in the intermediate ranking established upon completion of the tender evaluation to submit the following documents for the nominated subcontractor: a) certificates regarding the absence of debts concerning the payment of taxes, duties, or contributions to the general consolidated budget (local budge…