IT EQUIPMENT 2

The economic operator submitting the tender must prove a form of registration under the law of the resident country, showing that it is legally constituted, that it is not in any of the situations of annulment of the constitution, and that it has the professional capacity to carry out the activities covered by the public contract.

The requirement shall also apply to subcontractors for the part of the contract they are to undertake, which will complement the information related to their situation at the level of a separate DUAE.

Method of implementation: The DUAE shall be supplemented by economic operators / members of the procedure for the award of the public contract with the information related to their situation, information requested by the contracting authority regarding the fulfilment of the requirements for the ability to pursue their business.

The supporting document proving the fulfilment of those assumed by the completion of the DUAE, i.e. the finding certificate issued by the ONRC resulting in the economic operator's activity, is to be submitted, at the request of the contracting authority, only by the highest bidder in the ranking drawn up on completion of the evaluation of tenders and after application of the award criterion. The subject matter of the contract must have a corresponding in the CAEN code of the finding certificate issued by the ONRC.

In the case of a group of economic operators submitting the joint offer, each member of the group shall prove that for the part of the contract he conducts he has the corresponding in the CAEN code of the determining certificate issued by the ONRC.

In the case of bidders - foreign legal / natural persons - there will be presented the edifying documents proving a form of registration / authorisation or professional membership, in accordance with the legal provisions of the country in which the bidder is resident, accompanied by an authorised translation into Romanian. The subject-matter of the contract must be corresponding in the fields of activity shown in the documents submitted. The information contained in these documents shall be real / current at the date of its submission.

Requirement No 1 - Similar experience Tenderers must submit, for each batch offered, a list of the main deliveries of similar products duly made and completed in the last 3 years (calculated by the closing date for the submission of tenders).

Where the contracting authority is required, for whatever reasons, to delay the deadline set for submission of tenders, the lower limit of the 3-year period shall be extended by the time period corresponding to the gap and the requirement for all operators who have submitted proof that the similar experience contract has been concluded within the new time period. Similar contracts shall mean the delivery of IT equipment at the level of one or more contracts, in a cumulative amount of at least:

• for lot 1 - 419.000,00 Lei without VAT
• for lot 2 - 36.000,00 Lei without VAT
• for lot 3 - 448.300,00 Lei without VAT Delivery of similar products duly made means products delivered by the tenderer and received by the beneficiary of the products, within the limits of the agreement / contract between the tenderer and the beneficiary of the products nominated by the tenderer in the DUAE.In contracts with a value in a currency other than RON, equivalence shall be based on the average annual rate of lei / other currencies communicated by the NBR for each year. For the year 2026, the reference rate communicated by the NRB on the day of publication of the simplified contract notice shall be taken into account.Where several economic operators participate jointly in the award procedure, the fulfilment of the technical and / or professional capacity criteria shall be demonstrated by taking into account the resources of all members of the group.Method of implementation: The DUAE shall be completed by economic operators participating in the award procedure with information describing their level of experience, by reference to contracts executed in the past, corresponding to the requirements of the contracting authority.At DUAE level, information should be specified such as: the number and date of the contract invoked as similar experience, the subject matter of the contract, the value, the beneficiary, the date and number of the receipt document. The supporting associations / third parties will present separately the DUAE in which the requested information will be completed.The tenderers shall submit, where appropriate, the Association Agreement and / or the Commitment with the DUAE.With the support undertaking, the tenderer is required to submit documents submitted to it by the supporting third party (s), resulting in the effective way in which the supporting third party (s) will / will ensure that their support commitment is fulfilled, which will be annexed to that commitment and will be an integral part of the award documentation. 'At the request of the contracting authority, the highest bidder in the ranking drawn up on completion of the evaluation of tenders and after the application of the award criterion, shall submit the following supporting documents, not limited to them, and shall not be cumulative: copies of relevant parts of the contracts they have fulfilled / receipt / recommendation / verbal acceptance / performance / record certificates.

According to Article 180 para (1) of the Law no.98 / 2016, the requirements apply by reference to each lot. In the case of subcontracting, the tenderer shall specify in the tender:

1. the categories of services he intends to subcontract, as well as the percentage of the activities indicated in the tender as being carried out by the subcontractors; and
2. the identification data of the proposed subcontractors, if the latter are known at the time of submission of the tender or the request for participation.Method of implementation: Subcontractors proposed in the tender must comply with the same obligations as tenderers, in the field of environment, social and labour relations, established by legislation adopted at European Union level, national law, collective agreements or international treaties and agreements in these areas, provided for in the award documentation according to Article 51 paragraph (1) of the Law no.98 / 2016.Where the tenderer intends to subcontract part / parts of the contract, the DUAE shall also include information on the part of the contract to be possibly subcontracted and shall have the subcontracting agreement attached.Subcontractors on whose capacity the tenderer is based shall, in turn, supplement the separate DUAE, including all the information referred to in (a) and (b) which is relevant in terms of the capacity of the subcontractors on which the tenderer is based in the award procedure. In the case of subcontractors whose capacity the tenderer is not based on, the DUAE shall contain only the information referred to in point (a).The subcontractors' non-payment of the DUAE, when the tender is submitted, is unacceptable.Where an exclusion situation is identified, as provided for in Articles 164, 165 and 167 in relation to the proposed subcontractors, with the proper application of Article 170 of the Law no. 98 / 2016 on public procurement, as amended and completed, the contracting authority shall ask the tenderer, once only, to replace a subcontractor in respect of which it has, following verification, resulted in that situation.According to the legal provisions, the PROVISION ACTIVITY CAN NOT BE SUBCONTRACTED, the provision is only applicable to services related to the main supply activity to be subcontracted.