Isilon service, DELL storage and service manufacturing support.

The tenderer is technically and professionally unsuitable if: M/1. they do not have references, totaling from one or more (but no more than 4) contracts (reference works) completed within the 3 years (36 months) and commenced within the 6 years (72 months) preceding the date of dispatch of the contract notice, for the provision of manufacturer support for Dell servers and/or data storage systems, encompassing altogether manufacturer support of at least 12 months for at least 25 devices.

Pursuant to Section 21/A of Government Decree No. 321/2015 (X. 30.), the contracting authority hereby also indicates that it will accept certification of completed performances where, although a breach of contract occurred, the economic operator bears no liability for the breach of contract, as undisputed by the other contracting party.

Joint tenderers may satisfy the M/1 suitability requirements specified above jointly, or the tenderer may satisfy the suitability requirement by relying on the capacity of any other entity or person, regardless of the legal nature of the relationship between them, provided that for requirements that by definition apply only individually to economic operators, under the possibility of joint compliance, it is sufficient if one of them complies [Section 65 (6) of the Public Procurement Act (Kbt.)].

In this case, the tender must designate the capacity-providing entity and, by citing the relevant point of the contract notice initiating the procedure, the suitability requirement(s) for the verification of which the tenderer relies or also relies on the resources of that entity; furthermore, the tender must include a document containing a commitment undertaken by the entity placing its capacities at disposal—under a contract, preliminary contract, or in another form—confirming that the resources necessary for performing the contract will be available throughout the duration of contract performance [Section 65 (6)-(7), (9) of the Kbt.].

Verification: M/1. Pursuant to Section 1 (1) and Section 5 (1) of Government Decree No. 321/2015 (X. 30.) (hereinafter: Kr.), the Tenderer (AT) must attach the European Single Procurement Document (ESPD) to its tender, for which it is sufficient to fill out Section "α" of Part IV—pursuant to Section 2 (5) of the Government Decree, the Contracting Authority (AK) also accepts a simple declaration from the economic operator concerned regarding suitability requirement M/1.

Pursuant to Section 69 (4)-(7) of the Kbt., the tenderer must verify in detail compliance with the suitability requirements: Pursuant to Section 21 (1) point a) of the Kr., in order to verify compliance with the suitability requirements under point M/1, the AT must present its support services corresponding to the subject of the public procurement (manufacturer support for Isilon servers, DELL storage systems and servers) completed within three years (36 months) and commenced within six years (72 months) preceding the date of dispatch of the contract notice, specifying at least:

• the designation (name and address) of the other contracting party,
• the name and contact details of the contact person of the other contracting party,
• a brief description of the subject matter of the contract in sufficient detail to clearly establish compliance with the suitability criterion,
• the date/period of performance (partial performance) (start and end dates, specifying year, month, day),
• a declaration on whether the performance was carried out in accordance with regulations and the contract. With regard to Section 21/A of the Kr., the AK indicates that it will also accept certificates of completed performances where, although a breach of contract occurred, the economic operator bears no liability for the breach of contract, as undisputed by the other contracting party. In this case, the certificate issued by the other contracting party (reference certificate) or the tenderer's reference declaration must also contain the informatio…