IT Equipment – Lot 1 – All-in-One Desktop Systems

Economic operators submitting tenders must prove a form of registration under the law of the resident country showing that the economic operator is legally constituted, that he is not in any of the situations of cancellation of the constitution, and that he has the professional ability to carry out the activities covered by the public / sectoral 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 will be supplemented by economic operators participating in the procurement procedure with the information requested by the contracting authority - information on the fulfilment of the requirements for the ability to pursue the professional activity.

The supporting document proving the fulfilment of those assumed by the completion of the DUAE, i.e. the finding certificate issued by the ONRC, or in the case of foreign legal / natural persons tenderers, the equivalent documents issued in the country of residence, translated into Romanian, are to be submitted at the time of submission of tenders.

1. For Romanian legal entities: the certificate issued by the Ministry of Justice will be required - the Office of the Trade Registry, from which the full name, registered office and working point (s), authorized persons (administrators / authorized persons), main activity area / authorized secondary activity areas and the CAEN codes related thereto, or other registration document under the law.
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. Attention: The information in the certificate / equivalent documents issued in the country of residence shall be real / valid at the date of presentation.All documents issued in a language other than Romanian will be presented together with the authorised translations in Romanian Where parts of the contract will be executed by subcontractors, proof of registration and correspondence of the main / secondary activities within the contract with the object of the acquisition will also be required by subcontractors for the part of the contract they will perform.

Economic operators shall be required to specify the part / parts of the contract they intend to subcontract. The contracting economic operators shall specify in the DUAE the number and date of the subcontracting contract for the proposed subcontracting party.

Method of delivery: In case of subcontracting, the economic operator shall clearly specify the part (s) of the contract he is to subcontract, the services provided / products provided, the value and percentage to which the respective part (s) and the identification details of the proposed subcontractors (name, contact details: address of the registered office, telephone / fax, tax code, legal representative, registration number at the ONRC, as appropriate).

At the time of the signature of the supply contract, the successful tenderer shall submit all subcontracting contracts concluded with the subcontractors in accordance with the tender submitted. The tenderer will complete the DUAE at Part II - Information on the economic operator, point C, with information on the subcontractor / subcontractors.

If the tenderer uses the capacities of the subcontractor / subcontractors to meet the qualification criteria, a separate DUAE form shall be submitted for each of those subcontractors, duly completed and signed by each of them. Subcontractors shall specify in the DUAE the information related to the capacity criteria they meet by specifying the number and date of the subcontracting agreement / contract for the proposed subcontracting party.

For subcontractors whose capacity is not based, the tenderer will complete the DUAE at Part II - Information on the economic operator, point D. For subcontractors whose capacity is not based, the tenderer will complete the DUAE at Part II If a capacity requirement is not met by the subcontractor, it shall submit the DUAE only for the purpose of demonstrating non-compliance with the exclusion grounds.

With the submission of the DUAE, the tenderer will present the subcontracting agreement / agreements - form F3 of the Form section.

At the request of the contracting authority (according to Art. 196 of Law no. 98 / 2016, in conjunction with Art. 66 of HG 395 / 2016), the highest bidder in the intermediate ranking, drawn up upon completion of the evaluation of tenders, after applying the award criterion on admissible tenders, shall submit the Declaration on the part-parts of the contract subcontracting - Form 3.1, documents relating to each subcontractor.

According to art. 150 paragraph 2 of HG 395 / 2016, the documents submitted shall contain at least the following information: the names of the subcontractors and their contact details, the part / parts of the contract to be fulfilled by them, the value at which the respective party / parties are raised, the percentage share. - Information on third party (s) supporter (s), if applicable;

The economic operator shall be entitled, where appropriate and in relation to a given public contract, to invoke the support of a third party / third party in meeting the criteria relating to technical and professional capacity, irrespective of the nature of the legal relationship between that economic operator and that third party / third party. - Information on the association, if any;

Any economic operator shall have the right to participate in the award procedure as a tenderer, individually or jointly with other economic operators, including in temporary association forms established for the purpose of participating in the award procedure, under the conditions laid down in Law no. 98 / 2016.