MAINTENANCE SERVICES FOR HYPOCRATE INTEGRATED INFORMATION SYSTEM

Selection criterion: Registration in a trade register Description: Economic operators submitting a tender must prove a form of registration under the law of their country of residence, showing that the economic operator is legally established, is not in any situation of nullity of incorporation, and possesses the professional capacity to carry out the activities covered by the contract, specifically an authorized NACE (CAEN) code (primary or secondary) corresponding to the works covered by the contract. Means of fulfillment: In order to demonstrate the fulfillment of the professional capacity criterion, the Sole Tenderer / Associated Tenderer / Third-party Supporter / Subcontractor shall complete the ESPD subsection "Registration in the Trade Register" by checking either YES or NO. The tenderer ranked first after applying the award criterion to the admissible tenders shall submit, prior to contract award, upon request from the Contracting Authority, the full Certificate of Status (Certificat Constatator) issued by the Trade Register Office attached to the Territorial Court, valid at the time of presentation. Note: For foreign legal entities, conclusive/equivalent documents shall be submitted proving a form of registration in accordance with legal provisions in the country where the tenderer is established, showing the information requested by the Contracting Authority, translated into Romanian by an authorized translator. In the case of a joint venture, documents shall be submitted for each member of the joint venture. To fulfill the requirement, it is sufficient for the business scope of each member to be in line with the part of the contract they will perform. If the tenderer relies on the capacities of third parties or subcontracts parts of the contract, they shall also present the Certificate of Status for the third-party supporters/subcontractors declared in the ESPD after applying the award criterion to the admissible tenders. The economic operator (leader, associate, subcontractor) shall complete the corresponding requirement in the ESPD form. Any Economic Operator participating in the procedure, whether an individual Tenderer, member of a joint venture, Subcontractor, or Third-Party Supporter, must demonstrate the capacity to pursue their professional activity through registration in the trade register or equivalent in accordance with the legal requirements of the country in which the economic operator is established. Note: The Contracting Authority reserves the right to request, at any time during the evaluation process, the supporting documents concerning the fulfillment of the requirements assumed through the ESPD.

Information and/or minimum level(s) necessary for assessing compliance with the mentioned requirements: For service procurement contracts: execution of services of the specified type Selection criterion: References regarding specified services Means of fulfillment: Requirement no. 1 - Similar experience The tenderer will submit a list of completed similar services performed in the last 3 years (period calculated relative to the deadline for tender submission). For compliance, it will present the list of the main similar service deliveries in the last 3 years, confirmed by contracts/acceptance minutes signed by final beneficiaries. Similar services mean software maintenance and repair services (database management, technical support/technical assistance, training, legislative updates) for IT systems, similar in terms of complexity to those subject to the procurement. The European Single Procurement Document (ESPD) will be filled in directly in SEAP. The ESPD must also mandatorily be filled in by each associated tenderer - if applicable. Prior to the award of the contract, the contracting entity will request the tenderer ranked first, after applying the award criterion, to provide updated supporting documents demonstrating fulfillment of the criterion. Supporting documents proving fulfillment of the commitments made by completing the ESPD may include, without limitation, the list not being cumulative: copies of relevant parts of the contracts they have completed; handover-takeover certificates; recommendations; acceptance minutes; certificates of good performance; ascertainment certificates.

Information and/or minimum level(s) required to evaluate compliance with the stated requirements: Proportion of subcontracting Selection criterion: Proportion of subcontracting Means of fulfillment: The contracting authority requires the tenderer to state in the tender the part/parts of the contract intended to be subcontracted and the identification details of the proposed subcontractors. The contracting authority will verify the absence of an exclusion situation provided for in Articles 164, 165, and 167 regarding the proposed subcontractors. If an exclusion situation is identified, by duly applying the provisions of Art. 171 of Law no. 98/2016, the contracting authority will require the tenderer only once to replace a subcontractor who, following verification, was found to be in such a situation. Considering the provisions of Art. 218 of Law 98/2016, subcontractors shall express, at the date of tender submission / at the time of their introduction into the public procurement contract, their option to be or not to be paid directly by the contracting authority. In this respect, the submitted tender shall include the name of the subcontractors and their contact details, the part/parts of the contract to be performed by them, as well as the subcontractors' agreement regarding these aspects (Art. 150 para. 1 and 2 of GD no. 395/2016), with supporting documents proving the fulfillment of the commitments made through the ESPD to follow. Together with the submission of the ESPD, the economic operator participating in the procedure shall submit the subcontracting agreement. The contracts must be in accordance with the tender and will constitute annexes to the public procurement contract. Subcontracting does not diminish the contractor's liability regarding the fulfillment of the future public procurement contract. The contractor is obliged to notify the contracting authority of any changes in subcontractors during the public procurement contract. Means by which fulfillment of requirements can be demonstrated: an ESPD shall be submitted for each of the respective subcontractors, properly filled in and signed by each of them, in accordance with the provisions of Art. 193 para. 1 of Law 98/2016. Together with the ESPD, the scanned subcontracting agreement(s) signed with an extended electronic signature shall be uploaded into SEAP.

Economic operators submitting a tender shall provide a registration certificate in the National Register of Computer Programs issued by the Romanian Copyright Office for the Hipocrate software, or other documents from the manufacturer of the Hipocrate software showing that they can perform software repair and maintenance services for this computer program, in accordance with the provisions of Art. 7 (a) corroborated with the provisions of Art. 12, 13 letter i), 23, 73, and 74 of Law no. 8/1996 on copyright and related rights. Description: The bidding economic operator will fill in the corresponding requirement in the ESPD form of the procurement documents. In order to prove compliance with this requirement, the tenderer ranked first after applying the award criterion shall submit, until the date of conclusion of the award procedure report, according to Art. 196 para. (2) of Law no. 98/2016 on Public Procurement, the ORDA Certificate or documents from the manufacturer of the Hipocrate software. Foreign natural or legal persons shall submit documents equivalent to those requested above, issued by the competent authority in the tenderer's country of origin. Note: Documents issued in a language other than Romanian shall be accompanied by an authorized translation into Romanian.

Tenderers shall submit any document proving the implementation of a quality management system in accordance with ISO 9001 or equivalent (valid at the date of presentation), namely a certificate issued by a certification body or other documents that conclusively prove the fulfillment of the requirement: for example, quality procedures/manuals, documented processes, etc., similar to those required as a condition for obtaining an ISO 9001 certification. Means of fulfillment: The European Single Procurement Document (ESPD) shall be completed regarding the imposed qualification requirement. Supporting documents will be submitted only by the tenderer ranked first in the intermediate ranking upon completion of tender evaluation, pursuant to Art. 196 para. (2) of Law no. 98/2016 on public procurement, at the request of the contracting authority (any document proving the implementation of a quality management system in accordance with ISO 9001 or equivalent, namely a certificate issued by a certification body – valid at the date of presentation, or other documents conclusively proving fulfillment of the requirement: for example, quality procedures/manuals, documented processes, etc., similar to those required as a condition for obtaining an ISO 9001 certification) proving what was declared by completing the ESPD.