FRAMEWORK AGREEMENT FOR THE SUPPLY OF PORTABLE AND MOBILE TETRA TRANSMISSION RECEIVING TERMINALS AND RELATED COMPONENTS

In Phase I, the following supporting documents will be presented showing the capacity of each economic operator participating in the procedure (nominated at the level of the application: candidate / associate / third party supporter) to provide the products falling under its responsibility during the implementation of the framework agreement:

1. For Romanian legal entities: the certificate issued by the Ministry of Justice - the National Office of the Trade Register, from which the full name, registered office and working point (s), authorized persons (administrators / authorized persons), main activity area / secondary activity areas and related CAEN codes will be presented.
2. For foreign legal entities: edifying documents proving a form of registration / attestation or professional membership shall be required in accordance with the legislation of the country of residence of the economic operator.
3. For Romanian / foreign individuals: edifying documents will be required to prove a form of registration as an authorized natural person, in accordance with the legislation of the country of residence of the economic operator.The submission / submission of documents required under this section shall be permitted in any of the original forms / certified copies / legible copies with the words "in accordance with the original." In the latter case, certification for compliance with the original shall be made by the legal / empowered representative of the economic operator concerned by the entry on each certified page of the entry "according to the original ', together with the signature of the person concerned, the contracting authority reserved- and the right to request the presentation of the documents in the original / certified copy in order to verify compliance with the original of the copies submitted.The documents submitted must be valid (current / actual) at the deadline for the submission of applications.If, in accordance with the legislation in force in the country of residence of the economic operator, no period of validity is provided for for some of the documents submitted (e.g. the case of the finding certificate issued by the Ministry of Justice - the Office of the Trade Registry), the entry" Confirming on its own responsibility that this document contains current information, in accordance with the reality of the closing date for the submission of tenders' shall be entered on those documents, under the signature of the legal / authorized representative of the economic operator concerned, or a declaration shall be lodged on his own responsibility, confirming that the documents in question contain current information in accordance with the closing date for the submission of tenders. Documents issued in a language other than Romanian will be presented together with the authorised translations in Romanian.

Minimum qualification requirement: The candidate's average overall turnover over the last 3 years (2023, 2024, and 2025) must be at least equal to:

• EUR 600,000.00 excluding VAT for Lot 1
• EUR 70,000.00 excluding VAT for Lot 2. In Stage I, Form No. 4
• Declaration on overall turnover for the last 3 years shall be submitted in the original, mandatorily accompanied by supporting documents showing the average annual turnover for the last three financial years (2023, 2024, 2025), namely balance sheets or extracts from balance sheets for the financial years 2023, 2024, 2025 validated by the competent authorities, or any other conclusive documents unequivocally supporting the information in the Form.Where the publication of balance sheets is not required by the legislation of the country where the economic operator is established or the balance sheet for the year 2025 has not been drawn up, approved, and registered with the competent authorities, any other equivalent documents considered conclusive in the economic operator's country of residence may be submitted to support the information provided in Form No. 4 (for example, the annual report of the statutory auditors, the financial and accounting audit report, the trial balance as of 31.12.2025, etc.).The euro equivalent of annual turnover figures expressed in RON will be determined based on the following average annual exchange rates published by the National Bank of Romania (BNR) for the years 2023, 2024, and 2025: 4.9465 RON/EUR for 2023, 4.9746 RON/EUR for 2024, and 5.0415 RON/EUR for 2025.For the conversion of other national currencies into euro, the average annual exchange rates established by the BNR for the respective national currency/euro for the reference years 2023, 2024, and 2025 will be used (see the website www.bnr.ro). All these supporting documents may be submitted in any of the forms: original/legalized copy/copy certified true to the original.Certification of compliance will be made by the legal representative/authorized proxy of the economic operator concerned by inscribing the mention "certified true copy" on each page, accompanied by that person's signature. Documents issued in another language will be submitted accompanied by certified translations into Romanian.If the candidate demonstrates the fulfillment of the minimum economic and financial standing requirement by relying on the support provided by another entity, pursuant to Article 161 of GEO no. 114/2011, as amended and supplemented, it shall be deemed qualified if the supporting third party demonstrates the fulfillment of the requested minimum requirement by submitting the relevant documents mentioned above.Moreover, in this case, it is mandatory to submit the firm commitment of the respective supporting entity, concluded pursuant to the provisions of Article 161 of GEO no. 114/2011, as amended and supplemented, which shall become an integral part of the framework agreement.Along with the commitment of support, the candidate is required to submit documents provided to it by the supporting third party/parties showing the actual manner in which the supporting third party/parties will ensure the fulfillment of their own commitment of support, documents which will constitute annexes to the respective commitment, becoming an integral part of the framework agreement.The entity supporting the economic and financial capacity must not be in any of the situations leading to exclusion from the award procedure pursuant to the provisions of Article 155 and Article 156 of GEO no. 114/2011, as amended and supplemented. Where the candidate is a group of economic operators, the minimum requirement regarding economic and financial standing may be fulfilled cumulatively.If the group of economic operators demonstrates the fulfillment of the minimum requirement regarding economic and financial standing by relying on the support provided by a third party, the method of fulfilling the requirement is similar to t…

The candidate must be able to ensure the protection of classified information "secret service" level, which will be accessed at the premises of the contracting authority, proven by obtaining the security notice issued by the specialised unit within the Special Telecommunications Service. In Stage I, the Form No 10 - Self-declaration on the protection of classified information shall be presented, in original, accompanied by the following documents:

1. the founding act;
2. the certificate of establishment issued by the Ministry of Justice - Trade Registry Office;
3. the tax record and the criminal record of the company;
4. Industrial Security Questionnaire for access to classified information (Form no. 11) in original, signed and stamped.The required documents shall be made available to the specialised unit within the Special Telecommunication Service by the contracting authority with a view to carrying out the security checks necessary for issuing the security notice, in accordance with the provisions of the legislation in force concerning the protection of classified information.The security notice shall be the document issued by the specialised unit of the Special Telecommunications Service, attesting that the industrial objective (economic operator) has implemented all the security measures necessary to protect the classified information carried out during the framework agreement and accessed at the premises of the contracting authority.With a view to issuing the security notice, the specialised unit within the Special Telecommunications Service will proceed to carry out the security visit to the premises of each candidate.In the event of an application submitted in association or where one or more supporting third parties have been nominated, it shall be compulsory to submit Form No 10 under the signature of the legal / empowered representative of each of the economic operators participating in the procedure as candidate / associate / third party, accompanied by all other documents required under this point.In order for the application to be declared admissible in terms of capacity to ensure the protection of classified information "secret service" level, it is mandatory that each of these economic operators participating in the procedure as a candidate / associate / third party supporter should obtain the security notice.In other words, failure by one of the economic operators nominated for an application, whatever its quality (candidate / associate / supporter candidate / third party) will automatically lead to the rejection of that application as unacceptable. The documents submitted will contain current / real information at the deadline for submitting applications.With the exception of the industrial security questionnaire to be presented in the original, all other documents accompanying Form No 10 may be presented in any of the original forms / certified copies / legible copies with the words "in accordance with the original." Certification for compliance with the original shall be made by the legal / empowered representative of the economic operator concerned by the entry on each certified page of the entry "according to the original," accompanied by the signature of the person concerned, the contracting authority reserved- and the right to require the presentation of the original documents / certified copies in order to verify compliance with the original of the copies submitted. Documents issued in a language other than Romanian will be presented together with the authorised translations in Romanian.

The candidate must have delivered in the last five years, calculated up to the deadline for the submission of applications, products similar to those covered by the procurement procedure, within one contract or several contracts, with a cumulative value of at least:

• EUR 500,000.00 excluding VAT for Lot 1
• EUR 70,000.00 excluding VAT for Lot 2. The phrase "Similar products" means:
• Lot 1
• radio terminals intended for critical communications;
• Lot 2
• accessories for professional radio equipment and/or peripheral equipment for dispatch consoles. In Stage I, Form No. 5
• Declaration on the main similar products supplied in the last five years shall be submitted in the original, mandatorily accompanied by relevant justification/supporting documents for each of the contracts listed in this form, whereby the candidate proves its similar experience: certificates/documents issued or countersigned by the contracting authorities or private clients, beneficiaries of the deliveries, such as: quantitative and qualitative acceptance reports, recommendations, certificates of good execution, or any other equivalent conclusive documents attesting to the actual supply of the products.In order to demonstrate its capacity to supply the products representing the similar experience, the candidate must prove that these products have been accepted/received.The euro equivalent of the delivery values expressed in RON will be determined based on the following average annual exchange rates published by the National Bank of Romania (BNR) for the years 2021, 2022, 2023, 2024, and 2025: 4.9204 RON/EUR for 2021, 4.9315 RON/EUR for 2022, 4.9465 RON/EUR for 2023, 4.9746 RON/EUR for 2024, and 5.0415 RON/EUR for 2025 (see the website www.bnr.ro).For supply contracts from the year 2026, the exchange rate published by the BNR valid for the date of publication of the contract notice in SEAP shall be used.The requested similar experience does not represent similar experience identical to what is to be procured, but refers to categories/types of products of comparable complexity to those covered by the framework agreement to be awarded, using a general description related to the relevant field, ensuring that the candidate has the capacity to understand the contracting authority's requirements.All these supporting documents may be submitted in any of the forms: original/legalized copy/copy certified true to the original. Certification of compliance will be made by the legal representative/authorized proxy of the economic operator concerned by inscribing the mention "certified true copy" on each page, accompanied by that person's signature.Documents issued in another language will be submitted accompanied by certified translations into Romanian.Furthermore, the submitted documents must contain information regarding the name of the beneficiary, the subject of the contract, the related quantity and value, the related period, and/or any other relevant information for the purpose of evaluating and establishing the fulfillment of the qualification requirement regarding technical and professional capacity.If the candidate demonstrates the fulfillment of the minimum technical and/or professional capacity requirement by relying on the support provided by another entity, pursuant to Article 165 of GEO no. 114/2011, as amended and supplemented, it shall be deemed qualified if the supporting third party demonstrates the fulfillment of the requested minimum requirement by submitting the relevant documents mentioned above.Moreover, in this case, it is mandatory to submit the firm commitment of the respective supporting entity, concluded pursuant to the provisions of Article 165 of GEO no. 114/2011, as amended and supplemented, which shall become an integral part of the framework agreement.Along with the commitment of support, the candidate is required to submit documents provided to it by the supporting third party/parties showing the actual manner in which the sup…