Maintenance services related to SAP licenses [ML-SAP], including the purchase of new SAP licenses

Economic operators submitting the offer must prove a form of registration under the law of the country of residence, from which to reiterate as an op. Ec. 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 perform the activities covered by the framework agreement (right conferred by Article 186 paragraph (1) of L99 / 2016).

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. The documents submitted must be valid on the date of presentation.

Method of delivery: The DUAE will be completed directly in SICAP / SEAP, following that the supporting documents will be submitted at the request of the contracting entity upon completion of the tender evaluation, only by the highest bidder in the intermediate ranking. - A certificate issued by the ONRC in the case of Romanian bidders or in the case of foreign bidders, documents proving a form of registration / certification, at the request of the contracting entity only by the tenderer ranked first in the intermediate ranking drawn up upon completion of the evaluation of the tenders.

The information contained in this certificate must be real / current at the time of presentation and from which information about the structure of the shareholders, legal representatives, main / secondary field of activity, the CAEN codes related to them. The subject-matter of the contract must have the correspondence in the CAEN code of the certificate of finding issued by the ONRC.

Non-resident (foreign) economic operators will provide equivalent documents proving a form of registration / attestation or professional membership under the law of the country of residence, showing that the economic operator is duly constituted, that he is not in any of the situations of cancellation of the constitution and that he has the professional ability to perform the activities covered by this contract in relation to the above mentioned requirements and the rules applicable in the country of origin / country where the economic operator is established. Note:

1. if the tender is submitted in association, each associate will submit the mentioned DUAE document.
2. In case the offer has technical / professional / financial support or contains proposals for subcontractors, the person providing support (third-party supporter) or the subcontractor will submit the mentioned DUAE document. The documents must be valid at the date of presentation.

Similar experience

• In accordance with the provisions of Art. 192 of Law 99/2016: 'The economic operator proves fulfillment of the criteria regarding technical and professional capacity by presenting, as appropriate, one or more of the following pieces of information and documents: a) a list of the principal services provided during a period covering at most the past 3 years relative to the deadline for the submission of tenders, indicating the values, dates, and public or private beneficiaries;where necessary in order to ensure an adequate level of competition, the contracting entity may specify that relevant services provided more than 3 years ago will be taken into account;' Economic operators are required/requested to demonstrate that they have provided services similar to the subject matter of the contract over the past 3 years (calculated up to the deadline for tender submission established in the invitation to participate published in SEAP) showing that the tenderer has provided services of a nature and complexity similar/comparable to the services covered by the contract / services of the type specified in the subject matter of the framework agreement (Maintenance services for SAP licenses) for minimum cumulative values of: EUR 2,600,000.00 excluding VAT, under a single contract or through the cumulation of values of services provided under multiple contracts.Required value for similar experience over the past 3 years (EUR excluding VAT): EUR 2,600,000.00 excluding VAT.For calculating the value of contracts expressed in lei or other currencies, the annual average exchange rate published by the National Bank of Romania for the corresponding 3 years prior to 2026 will be used, namely the year 2025 – 1 EUR = 5.0415 lei; 1 USD = 5.0924 lei; the year 2024 – 1 EUR = 4.9746 lei; 1 USD = 4.5984 lei; the year 2023 – 1 EUR = 4.9465 lei; 1 USD = 4.5743 lei.In order to demonstrate fulfillment of the requirement regarding similar experience, where the values of the contracts submitted by the tenderer are expressed in lei (RON) or in currencies other than euro (EUR), these shall be converted into euro, excluding VAT, using the annual average leu/euro exchange rate published by the National Bank of Romania (NBR) for the year in which the services were provided.In the case of contracts performed over multiple years, conversion will be carried out separately for each year, to the extent that the values of the services provided can be broken down by year, using the NBR annual average exchange rate for the respective year.The tenderer shall present the currency equivalence calculation method, indicating the value in the original currency, the year the services were provided, the exchange rate used, and the resulting value in euro.For the purpose of verifying compliance with the similar experience requirement, the values of services actually provided during the reference period, excluding VAT, will be taken into account under the terms established in the procurement documents. Method of fulfillment: Completion of the ESPD directly in SICAP.Supporting documents—contracts with beneficiaries, as specified by the tendering economic operator in the ESPD, and the related certificates of good performance proving fulfillment of the commitments made by completing the ESPD—are to be submitted upon request by the contracting entity by the tenderer ranked first in the interim ranking established upon completion of the tender evaluation.Where the economic operator demonstrates fulfillment of the criteria relating to technical and professional capacity by relying on the capacities of other entities, invoking, as appropriate, third-party support, the ESPD, together with the commitment of support, must also be completed separately by the supporting third party/parties.The ESPD submitted by the supporting third party/parties shall include all information specified in Art. 202(1)(a) of Law 99/2016, as well as the information under Art. 202(1)(b…