FRAMEWORK AGREEMENT FOR THE SUPPLY OF RACKS

Economic operators participating in the award procedure must prove a form of registration under the conditions of the law of the country of residence, namely that it is legally constituted, that they are not in any of the situations of annulment of the constitution, to present the structure of its shareholders / members (where appropriate), as well as to show that they have the professional capacity to carry out the activities covered by the framework agreement and which fall under its responsibility according to the tender submitted.

Method of execution At the time of submission of the tender, according to Article 193 of Law No 98 / 2016, with subsequent amendments and additions, the DUAE shall be completed and presented with "YES 'or" NO' by each economic operator participating in the procedure, according to Article 193 of Law No 98 / 2016, with subsequent amendments and additions.

Prior to the award of the framework agreement, the contracting authority shall require the highest bidder on each lot, after applying the award criterion, to submit supporting documents (where appropriate) demonstrating that the qualification criterion is fulfill8, including actual / current / valid information at the time of presentation, as follows:

1. For Romanian legal entities: the certificate issued by the Ministry of Justice - Trade Registry Office stating that the object of the framework agreement is related in the main or secondary C.A.E.N. code of the economic operator (in the case of the associations the activity corresponding to the object of the public procurement is assessed by reference to its part of the involvement) and from which the full name, the registered office and the point / working points, the authorized persons (administrators / authorized persons), the structure of the shareholder / associates is derived.
2. For foreign legal entities: equivalent documents issued in the country of residence proving a form of registration / attestation or professional membership and showing the structure of the shareholder / members of the economic operator (where applicable).
3. For Romanian / foreign individuals: edifying documents proving a form of registration as an authorized natural person, in accordance with the legislation of the country of residence of the economic operator. Documents issued in a language other than Romanian will be presented together with authorised translations in Romanian. Note: If there is uncertainty as to the personal situation of an economic operator, the contracting authority may request information directly from the competent authorities.

In view of the provisions of Law no. 98 / 2016, with subsequent amendments and additions and the provisions of Government Decision no. 395 / 2016, with subsequent amendments and additions, the contracting authority will require that the minimum qualification requirement regarding economic and financial capacity, that the average annual turnover of the tenderer for the last three financial years (2023, 2024 and 2025) be at least equal to at least 95,000,00 euros without VAT.

The euro equivalent of the annual turnover in MDL will be determined on the basis of the following annual average courses communicated by the National Bank of Romania (NBR) for the years 2023, 2024 and 2025: 4,9465 lei / euro for the year 2023, 4,9746 lei / euro for the year 2024 and 5,0415 lei / euro for the year 2025.

For the conversion of other national currencies into euro, the annual average exchange rates established by the NRB for the respective national currency / euro shall be used for reference years 2023, 2024 and 2025 (see website www.bnr.ro).

Method of implementation: According to Article 193 of Law No 98 / 2016, the present DUAE will be supplemented with "YES 'or" NO' for each economic operator (individual bidder, associate bidder, third party supporter) participating in the procedure whose economic and financial capacity is intended to be taken into account.

Where the tenderer intends to demonstrate that the minimum requirement on economic and financial capacity is met by invoking support granted by another person, it is mandatory to present the firm commitment of the respective supporter, as well as the documents submitted to the tenderer by the third party supporter, resulting in the effective way in which the supporting third party will ensure that its own support commitment is fulfilled, which will be attached to that commitment.

Failure to submit the offer of the DUAE completed by the supporting third party or its firm commitment will result in the rejection of the offer in question as unacceptable. Before awarding the framework agreement, the contracting authority will ask the highest bidder, after applying the award criterion to admissible tenders, to submit supporting documents demonstrating that the minimum qualification requirement is met.

As supporting documents, the balance sheets or extracts from the balance sheets for the financial years 2023, 2024 and 2025 validated by the competent bodies or any other edifying documents showing at least the required minimum value threshold.

If the publication of the balance sheets is not provided for by the legislation of the country in which the economic operator or balance sheet for 2025 is established has not been drawn up, approved and registered with the competent bodies, any other equivalent documents may be submitted, considered to be edifying in the country of residence of the economic operator by which the minimum qualification requirement can be supported (e.g. the annual report of the auditors, the financial and accounting audit report, the balance of verification on 31.12.2025, etc.).

The documents submitted shall be valid (actual / actual) at the date of presentation. Documents issued in a language other than Romanian will be accompanied by certified translations in Romanian. Where the tenderer is a group of economic operators, the minimum requirement for economic and financial capacity may be met by cumulation.

If the group of economic operators demonstrates the fulfilment of the minimum requirement for economic and financial capacity by invoking the support granted by a third party, the manner in which the requirement is met shall be similar to that of the abovementioned individual offer, with the indication that the support will be granted to the association and not to one of the members.

In view of the provisions of Law no. 98 / 2016, with subsequent amendments and additions and the provisions of Government Decision no. 395 / 2016, with subsequent amendments and additions, the contracting authority will require that the minimum qualification requirement regarding economic and financial capacity, that the average annual turnover of the tenderer for the last three financial years (2023, 2024 and 2025) be at least equal to EUR 60,000,00 without VAT.

The euro equivalent of the annual turnover in MDL will be determined on the basis of the following annual average courses communicated by the National Bank of Romania (NBR) for the years 2023, 2024 and 2025: 4,9465 lei / euro for the year 2023, 4,9746 lei / euro for the year 2024 and 5,0415 lei / euro for the year 2025.

For the conversion of other national currencies into euro, the annual average exchange rates established by the NRB for the respective national currency / euro shall be used for reference years 2023, 2024 and 2025 (see website www.bnr.ro).

Method of implementation: According to Article 193 of Law No 98 / 2016, the present DUAE will be supplemented with "YES 'or" NO' for each economic operator (individual bidder, associate bidder, third party supporter) participating in the procedure whose economic and financial capacity is intended to be taken into account.

Where the tenderer intends to demonstrate that the minimum requirement on economic and financial capacity is met by invoking support granted by another person, it is mandatory to present the firm commitment of the respective supporter, as well as the documents submitted to the tenderer by the third party supporter, resulting in the effective way in which the supporting third party will ensure that its own support commitment is fulfilled, which will be attached to that commitment.

Failure to submit the offer of the DUAE completed by the supporting third party or its firm commitment will result in the rejection of the offer in question as unacceptable. Before awarding the framework agreement, the contracting authority will ask the highest bidder, after applying the award criterion to admissible tenders, to submit supporting documents demonstrating that the minimum qualification requirement is met.

As supporting documents, the balance sheets or extracts from the balance sheets for the financial years 2023, 2024 and 2025 validated by the competent bodies or any other edifying documents showing at least the required minimum value threshold.

If the publication of the balance sheets is not provided for by the legislation of the country in which the economic operator or balance sheet for 2025 is established has not been drawn up, approved and registered with the competent bodies, any other equivalent documents may be submitted, considered to be edifying in the country of residence of the economic operator by which the minimum qualification requirement can be supported (e.g. the annual report of the auditors, the financial and accounting audit report, the balance of verification on 31.12.2025, etc.).

The documents submitted shall be valid (actual / actual) at the date of presentation. Documents issued in a language other than Romanian will be accompanied by certified translations in Romanian. Where the tenderer is a group of economic operators, the minimum requirement for economic and financial capacity may be met by cumulation.

If the group of economic operators demonstrates the fulfilment of the minimum requirement for economic and financial capacity by invoking the support granted by a third party, the manner in which the requirement is met shall be similar to that of the abovementioned individual offer, with the indication that the support will be granted to the association and not to one of the members.

In view of the provisions of Law no. 98 / 2016, with subsequent amendments and additions and the provisions of Government Decision no. 395 / 2016, with subsequent amendments and additions, the contracting authority will require that the minimum qualification requirement regarding economic and financial capacity, that the average annual turnover of the tenderer for the last three financial years (2023, 2024 and 2025) be at least equal to at least EUR 120.000,00 without VAT.

The euro equivalent of the annual turnover in MDL will be determined on the basis of the following annual average courses communicated by the National Bank of Romania (NBR) for the years 2023, 2024 and 2025: 4,9465 lei / euro for the year 2023, 4,9746 lei / euro for the year 2024 and 5,0415 lei / euro for the year 2025.

For the conversion of other national currencies into euro, the annual average exchange rates established by the NRB for the respective national currency / euro shall be used for reference years 2023, 2024 and 2025 (see website www.bnr.ro).

Method of implementation: According to Article 193 of Law No 98 / 2016, the present DUAE will be supplemented with "YES 'or" NO' for each economic operator (individual bidder, associate bidder, third party supporter) participating in the procedure whose economic and financial capacity is intended to be taken into account.

Where the tenderer intends to demonstrate that the minimum requirement on economic and financial capacity is met by invoking support granted by another person, it is mandatory to present the firm commitment of the respective supporter, as well as the documents submitted to the tenderer by the third party supporter, resulting in the effective way in which the supporting third party will ensure that its own support commitment is fulfilled, which will be attached to that commitment.

Failure to submit the offer of the DUAE completed by the supporting third party or its firm commitment will result in the rejection of the offer in question as unacceptable. Before awarding the framework agreement, the contracting authority will ask the highest bidder, after applying the award criterion to admissible tenders, to submit supporting documents demonstrating that the minimum qualification requirement is met.

As supporting documents, the balance sheets or extracts from the balance sheets for the financial years 2023, 2024 and 2025 validated by the competent bodies or any other edifying documents showing at least the required minimum value threshold.

If the publication of the balance sheets is not provided for by the legislation of the country in which the economic operator or balance sheet for 2025 is established has not been drawn up, approved and registered with the competent bodies, any other equivalent documents may be submitted, considered to be edifying in the country of residence of the economic operator by which the minimum qualification requirement can be supported (e.g. the annual report of the auditors, the financial and accounting audit report, the balance of verification on 31.12.2025, etc.).

The documents submitted shall be valid (actual / actual) at the date of presentation. Documents issued in a language other than Romanian will be accompanied by certified translations in Romanian. Where the tenderer is a group of economic operators, the minimum requirement for economic and financial capacity may be met by cumulation.

If the group of economic operators demonstrates the fulfilment of the minimum requirement for economic and financial capacity by invoking the support granted by a third party, the manner in which the requirement is met shall be similar to that of the abovementioned individual offer, with the indication that the support will be granted to the association and not to one of the members.

In view of the provisions of Law no. 98 / 2016, with subsequent amendments and additions and the provisions of Government Decision no. 395 / 2016, with subsequent amendments and additions, the contracting authority will require that the minimum qualification requirement regarding economic and financial capacity, that the average annual turnover of the tenderer for the last three financial years (2023, 2024 and 2025) be at least equal to 160,000,00 euros without VAT.

The euro equivalent of the annual turnover in MDL will be determined on the basis of the following annual average courses communicated by the National Bank of Romania (NBR) for the years 2023, 2024 and 2025: 4,9465 lei / euro for the year 2023, 4,9746 lei / euro for the year 2024 and 5,0415 lei / euro for the year 2025.

For the conversion of other national currencies into euro, the annual average exchange rates established by the NRB for the respective national currency / euro shall be used for reference years 2023, 2024 and 2025 (see website www.bnr.ro).

Method of implementation: According to Article 193 of Law No 98 / 2016, the present DUAE will be supplemented with "YES 'or" NO' for each economic operator (individual bidder, associate bidder, third party supporter) participating in the procedure whose economic and financial capacity is intended to be taken into account.

Where the tenderer intends to demonstrate that the minimum requirement on economic and financial capacity is met by invoking support granted by another person, it is mandatory to present the firm commitment of the respective supporter, as well as the documents submitted to the tenderer by the third party supporter, resulting in the effective way in which the supporting third party will ensure that its own support commitment is fulfilled, which will be attached to that commitment.

Failure to submit the offer of the DUAE completed by the supporting third party or its firm commitment will result in the rejection of the offer in question as unacceptable. Before awarding the framework agreement, the contracting authority will ask the highest bidder, after applying the award criterion to admissible tenders, to submit supporting documents demonstrating that the minimum qualification requirement is met.

As supporting documents, the balance sheets or extracts from the balance sheets for the financial years 2023, 2024 and 2025 validated by the competent bodies or any other edifying documents showing at least the required minimum value threshold.

If the publication of the balance sheets is not provided for by the legislation of the country in which the economic operator or balance sheet for 2025 is established has not been drawn up, approved and registered with the competent bodies, any other equivalent documents may be submitted, considered to be edifying in the country of residence of the economic operator by which the minimum qualification requirement can be supported (e.g. the annual report of the auditors, the financial and accounting audit report, the balance of verification on 31.12.2025, etc.).

The documents submitted shall be valid (actual / actual) at the date of presentation. Documents issued in a language other than Romanian will be accompanied by certified translations in Romanian. Where the tenderer is a group of economic operators, the minimum requirement for economic and financial capacity may be met by cumulation.

If the group of economic operators demonstrates the fulfilment of the minimum requirement for economic and financial capacity by invoking the support granted by a third party, the manner in which the requirement is met shall be similar to that of the abovementioned individual offer, with the indication that the support will be granted to the association and not to one of the members.