Digital system for professionalism and strengthening the expertise of key staff involved in public procurement management and control processes - eLearning platform

Economic operators participating in the award procedure (individual tenderer, members of the consortium/joint venture, and proposed subcontractors) must provide proof of registration in a professional or trade register, in accordance with the legislation of the country in which they are established. The submitted documents must demonstrate that the economic operator is legally established, that it is not in any of the situations of cancellation or suspension of registration or cessation of activity, allow the identification of the shareholding/partner structure and the ultimate beneficial owner, and confirm that its authorized scope of activity includes the activities corresponding to the subject matter of the contract to be awarded. In accordance with the provisions of Art. 173 para. (1) of Law No. 98/2016 on public procurement, the contracting authority has the right to request economic operators to submit relevant documents proving their form of registration and, where applicable, membership in a professional or trade register, according to the legislation of the country in which they are established. The request for this requirement is necessary to verify the capacity to exercise professional activity, namely to confirm that the economic operator is legally constituted and authorized to carry out the activities that are the subject of the public procurement contract, as well as to identify the ultimate beneficial owner, in accordance with the applicable legislation. 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, is not in any situation of nullity/cancellation of incorporation, and possesses the professional capacity to perform the activities that are the subject of the public/sectoral procurement contract. This requirement also applies to subcontractors for the part of the contract they will perform, who shall complete the information related to their situation in a separate ESPD.

Requirement 1 - For service procurement contracts: performance of services of the specified type. Tenderers must demonstrate that they have successfully completed* in the last 3 years (calculated up to the deadline for submission of tenders) similar services with a cumulative value of at least RON 628,100, excluding VAT. In the event that the contracting authority/entity is forced, regardless of the reasons, to postpone the deadline established for the submission of tenders, the lower limit of the 3-year period shall be extended by the time period corresponding to the postponement, and the requirement will be considered fulfilled for all operators that provided proof of completion of the similar experience contract within the newly resulting timeframe. *) Successfully completed services means: - partially accepted services, provided that they could be used by the Beneficiary as an independent result; - services accepted at the end of the provision; the end of provision does not imply the expiration of the warranty period. The phrase "similar services" shall be understood as: development and/or implementation services for software applications/web platforms/LMS (LEARNING MANAGEMENT SYSTEM)/e-learning or software systems comparable in type, complexity, and intended result. For the purpose of this procedure: - The reference to the last 3 years must always be calculated backwards starting from the deadline for the submission of the Tender, as indicated in the Contract Notice or any potential errata published by the Contracting Authority. - "services provided" must be understood as services provided within the limits of the agreement between the Tenderer and the beneficiary of the services. - Successfully completed services (see art. 9 of ANAP Instruction no. 2/2017). Non-resident (foreign) economic operators shall submit the respective documents accompanied by their authorized translation into Romanian. Method of fulfillment: ESPD and supporting documents – technical and professional capacity. Economic operators (individual tenderer, associated tenderer, proposed subcontractor, and/or third-party guarantor) participating in the award procedure will complete the ESPD, according to their situation, with the relevant information, in accordance with the provisions of art. 193 paragraph (1) of Law no. 98/2016. The ESPD shall be completed with information regarding the economic operator's level of experience, by reference to contracts performed in the past, namely by indicating the number and date of the contract invoked as similar experience, mentioning the contract values, the periods of performance, and the type of services performed, as well as the identification data of the certificates of satisfactory execution attesting that the services were performed in accordance with the contractual clauses. At the same time, to prove similar experience, the acceptance minutes of deliverables or any other equivalent documents, issued or countersigned by the service beneficiaries, showing the proper fulfillment of contractual obligations, shall be indicated. The contracting authority will request, in accordance with the provisions of art. 132 paragraph (2) of GD no. 395/2016, supporting documents proving the fulfillment of what was declared in the ESPD, such as: certificates; contracts; relevant documents; acceptance minutes; recommendations; other documents issued or countersigned by beneficiaries. These documents must show the fulfillment of requirements and the fact that the services were performed in accordance with contractual obligations. Service beneficiaries may be from the public or private sector. From the contracts or equivalent documents submitted, at least the following must be evident: the identity of the contracting parties; the subject matter of the contract; the type and value of services provided; the period of performance of the contract. Status of subcontractors in similar experience: In the event that the economic operato…

Information regarding subcontracting (if applicable): In accordance with the provisions of Art. 55 para. (1) of Law No. 98/2016, as amended and supplemented, tenderers are required to specify in the tender: a. the part/parts of the contract they intend to subcontract and the percentage performed by them, and b. the identification details of the proposed subcontractors, if known at the time of submission of the tender or request to participate. Method of fulfillment: If the economic operator has decided to subcontract a part of the contract and relies on the subcontractor's capacities for the execution of that part, a separate ESPD must be completed for that subcontractor. To demonstrate fulfillment of the requirement, tenderers shall complete the ESPD (including for subcontractors, if applicable) accompanied by the subcontracting agreement, as the case may be. Failure to submit the subcontracting agreement(s) and ESPD (including for subcontractor(s), if applicable) along with the tender shall result in its rejection as unacceptable. In case of subcontracting parts of the contract, in accordance with the provisions of Art. 179 letter k) of Law No. 98/2016, as amended and supplemented, the tenderer shall present the part/parts of the contract it intends to subcontract, namely: - the categories of services in the contract that it intends to subcontract, as well as the percentage or value related to the activities; - indicated in the tender as being performed by subcontractors; - the list of subcontractors with identification details (name, contact details, registered office address, telephone/fax, tax code, legal representative, unique registration number with the Trade Register Office), as applicable. The Contracting Authority may request any Economic Operator involved in the procedure at any time during the evaluation process to provide evidence regarding the information in the ESPD (response). The subcontracting agreement between the tenderer economic operator and the subcontractor economic operator shall be submitted with a clear indication of how the option regarding payment to the subcontractor is exercised, in accordance with the provisions of Art. 218 et seq. of Law No. 98/2016. The subcontracting agreement (in accordance with the indicative template provided by the contracting authority in the "Forms" section) shall be submitted along with the ESPD by all economic operators, in accordance with the provisions of Art. 193 para. (3) of Law No. 98/2016.