Hardware package composed of: Processing Server - 4 cpl, Storage Storage Equipment - 1 cpl to make IT solutions - Asylum Migration Pact - Eurodac and Dublinet

Economic operators (including consortium members, subcontractors, third-party supporting entities) submitting a tender must prove a form of registration under the law of their country of residence, that they are legally constituted and are not in any of the situations of annulment of constitution, as well as the fact that they have the professional capacity to carry out the activities covered by the contract. The capacity to pursue the professional activity must be demonstrated by any economic operator participating in the procedure, whether an individual tenderer, a member of a consortium, a subcontractor, or a third-party supporting entity. The ESPD shall be submitted, filling in the sections according to the requested requirements, with the supporting document, namely the Certificate of Status issued by the National Trade Register Office (ONRC) or, for foreign operators, the equivalent document issued in the country of residence, to be submitted only upon request of the contracting authority upon completion of the tender evaluation by the tenderer ranked first. Means of fulfillment: The ESPD shall be filled in pursuant to the provisions of Art. 193 para. (1) of Law no. 98/2016, also taking into account the guidelines provided in the Notification of the National Agency for Public Procurement (ANAP) on the use of the ESPD in procedures conducted exclusively by electronic means dated 08.04.2019. The notification can be downloaded from http://anap.gov.ro/web/notificare-privind-utilizarea-duae-in-procedurile-desfasurate-exclusiv-prin-mijloace-electronice/. The documents to be submitted for fulfilling the qualification criterion, upon the request of the contracting authority, only by the tenderer ranked first after applying the award criterion, until the date of conclusion of the award report, pursuant to Art. 196 para. (2) of Law no. 98/2016 on public procurement, are: To be requested – Certificate of Status issued by the National Trade Register Office issued pursuant to Law no. 26/1990. The information contained therein must be true/up to date as of the date of its submission. The certificate of status shall be submitted in original, certified copy, or true copy of the original. And from which it must result that the tenderer's scope of activity also includes the execution of the works/activities covered by the procurement. The information contained in the certificate of status must be in accordance with reality at the date of submission of the document. Each consortium member is required to submit these documents for the part of the contract it is to execute. In the event that the economic operator subcontracts part/parts of the contract, the subcontractor shall submit these documents for the part/parts of the contract it is to execute. For foreign legal entities: - equivalent documents issued in the country of residence proving a form of registration or professional membership (documents shall be signed by the legal representative and accompanied by a certified Romanian translation), in accordance with the legal provisions in the country of residence. Every economic operator participating in the procedure, whether an individual tenderer, a member of a consortium, a subcontractor, or a third-party supporting entity, is required to submit this document for the part of the contract it is to execute. The documents shall be submitted accompanied by their certified translation into Romanian performed by an authorized translator, in accordance with the provisions of Law no. 178/1997. In the case of a consortium, each member is required to submit this certificate for the part of the contract it will perform.

III.1.3) Technical and professional capacity Information regarding experience over the last 3 years For supply contracts: delivery of products of the specified type. The economic operator must demonstrate that over the last 3 years, under one or more contracts, it has delivered similar products with a cumulative total value of at least RON 400,000 excluding VAT. Similar products mean the supply of server / storage type equipment, similar or superior in terms of complexity to the contract to be awarded. The requirement is not met if supply contracts are presented that had as their object: delivery of IT equipment (computer, printer, etc.) or peripheral components. Clarifications: The last 3 years required in order to demonstrate similar experience will be calculated in relation to the deadline for tender submission. If the contracting authority is forced, for whatever reason, to postpone the deadline set for the submission of tenders, publishing an erratum in this regard, the lower limit of the 3-year period is extended by the time period corresponding to the postponement, and the requirement will be considered fulfilled for all operators who provided proof of completion of the similar experience contract in the newly resulting time interval. The postponement of the deadline set for submitting tenders and establishing a new date cannot automatically lead to the rejection of a tenderer on the grounds that its similar experience lies outside the 3-year period relative to the new tender submission deadline, as long as it met the requirement as requested on the date originally set in the contract notice. In the situation where the tenderer was established or started its economic activity less than 3 years ago, the presentation of information corresponding to the actual period of activity will be taken into account. - The ESPD will be completed. At the ESPD level, the following information must be specified: the number and date of the contract invoked as similar experience, the contract value (expressed in Lei excluding VAT), the beneficiary, detailed scope, delivery period, date and number of the acceptance document / finding certificate, the tenderer's role in the contract, the share and/or activities for which it was responsible, the manner of fulfilling contractual obligations and, if applicable, any damages. Relevant supporting documents will be requested: certificates/documents issued or countersigned by contracting authorities or private clients, beneficiaries of the deliveries, such as quantitative and qualitative acceptance certificates, recommendations, or any other equivalent conclusive documents attesting to the actual delivery of the products in the ESPD. To demonstrate its capacity to supply the products, the tenderer must prove that the supplied products were accepted, respectively were/are functional. The supporting documents requested to substantiate the requirement will be presented by the economic operator ranked first in the intermediate ranking, at the request of the contracting authority. The contracting authority has the right to contact even the final beneficiary of the products covered by the contract presented as experience, to confirm the information submitted by the tenderer 2.) NOTE: To demonstrate compliance with the minimum qualification requirement, only the tenderer's participation share in the respective contract will be taken into account. The tenderer's participation share represents the proportion of the final contract value corresponding to its participation in that contract. In the case of a joint tender, the requirement regarding similar experience may be fulfilled cumulatively by the consortium members. For contracts whose value is expressed in a currency other than LEI, the annual average exchange rate in LEI/currency published by the NBR for each individual year will be used to calculate equivalence. The tenderer will provide information in the ESPD regarding the existence of third-party s…

2.) Subcontracting proportion Information regarding the part of the contract that the economic operator may intend to subcontract. The tenderer is required to specify the part/parts of the contract to be subcontracted and the identification details of the proposed subcontractors. - Method of fulfillment: the ESPD completed by the tenderer shall also include the requested information regarding subcontractors. If the tenderer relies on the capacities of the subcontractor(s) to meet the qualification criteria, a separate ESPD form shall be submitted for each of the respective subcontractors, duly completed and signed by each of them. The subcontracting agreement(s) will be submitted together with the ESPD. YEAR RON / Euro EXCHANGE RATE 2023 – 4.9465; 2024 - 4.9746; 2025 - 5.0415 RON. Tenderers who need to convert currencies other than euro or RON shall use the annual average exchange rates established by the National Bank of Romania (www.bnr.ro). In the case of a consortium, the requirement will be considered fulfilled cumulatively. Legal basis for requesting participation requirements: - Art. 172 para. (3) of Law no. 98/2016 on public procurement: "[...] (3) The contracting authority shall establish only participation requirements that are necessary and appropriate to ensure that a candidate/tenderer has the legal and financial capacity and the technical and professional skills to execute the public procurement contract/framework agreement to be awarded." - Art. 31 para. (1) of the Methodological Norms for the application of provisions relating to the award of the public procurement contract/framework agreement under Law no. 98/2016 on public procurement, approved by Government Decision no. 395 of June 2, 2016: "(1) The contracting authority shall not have the right to restrict participation in the public procurement contract award procedure by introducing minimum qualification criteria that: a) are not relevant in relation to the nature and complexity of the public procurement contract to be awarded; b) are disproportionate in relation to the nature and complexity of the public procurement contract to be awarded. [...]."