Microsoft Infrastructure Update - purchase of Microsoft 365 subscriptions, Exchange Online, Cloud Azure products -

Economic operators submitting the tender must prove a form of registration under the law of the country of residence showing that the economic operator is legally constituted, that he is not in any of the situations of annulment of the constitution and that he has the professional ability to perform the activities covered by the contract. - Method of demonstrating the fulfilment of the requirement: the economic operators participating in the award procedure shall complete the Single European Procurement Document (DUAE) with information related to their own situation.

DUAE shall be submitted by the tenderer, including for the subcontractor / third party supporter, as appropriate (Articles 173 (1) and 183 of Law No 98 / 2016) in electronic format. - The supporting documents proving the fulfilment of those assumed by the completion of the DUAE shall be submitted, at the request of the contracting authority, only by the highest bidder in the ranking. - The contracting authority may request the submission of all or some of the documents indicated below at any time during the course of the award procedure, if necessary. These documents may be:

1. For Romanian legal entities and authorized individuals or Romanian family associations:
   • Establishing certificate issued by the Trade Registry Office of the competent territorial court, resulting in data on the registered office and the economic operator's activity.The subject-matter of the contract must have a correspondence in the CAEN code of the certificate which has been issued by the O.R.C.; the certificate shall be issued in such a way that the information contained in this document is valid / true at the date of its submission.Also, the certificate of establishment issued by the Office of the Trade Register next to the Territorial Court must contain the following information: identification data of the economic operator, shareholders / associations, management bodies, administrators, members of the Management Board, members of the Supervisory Board, participation shares, etc.
   • For the P.F.A.: authorization to operate or other equivalent documents resulting from their competence to perform the activities covered by this contract.
2. For foreign legal / natural persons:
   • Relevant documents proving a form of registration as a natural / legal person or of registration / attestation or professional membership in accordance with the legal requirements of the country in which the economic operator is established; Article 168 of Law No 98 / 2016 shall apply. The evidentiary documents will be accompanied by a translation into Romanian by an authorized translator.

Requirement regarding technical and/or professional capacity (similar experience): The tenderer (individually or as an association), and the supporting third party, as applicable, shall provide information regarding their similar experience.

The tenderer must demonstrate that it has successfully completed*, over the last 3 years**, the delivery of similar products (software products), with a cumulative value of at least RON 941,000.00 across one or a maximum of 3 contracts. *) Successfully completed deliveries of similar products means: Products delivered partially, provided that they could be used by the Beneficiary as an independent outcome, or products accepted at the end of the delivery.

In accordance with Art. 8 of Instruction no. 2/2017, the value of the products delivered/accepted within the mentioned period shall be taken into account, regardless of whether the related contracts were signed/concluded/started prior to this period or whether these contracts are still ongoing (uncompleted) at the time of tender submission.

In the case of ongoing contracts, the tenderer may invoke, to prove similar experience, the portion of the contract executed and accepted up to the date of the request, provided that the submitted products were accepted within the specified period.

In the case of completed contracts, the tenderer may invoke, to prove similar experience, the portion of the contract executed and accepted within the specified period. **) The last 3 years refer to the deadline for tender submission, with the corresponding application of ANAP Instruction no. 2/2017 (Art. 13).

The last 3 years will be calculated based on the tender submission deadline set by the contracting authority in the contract notice, with the stipulation that the calculation of the period will not be affected by any postponements of the deadline provided in the contract notice. (Additional information can be found in Section VI.3.

Additional Information) Method of fulfillment: In order to fulfill the requirement, the tenderer/associated tenderer/supporting third party will complete the ESPD – "Selection Criteria" - Section C "Technical and Professional Ability".

In the ESPD, tenderers must mandatorily provide the following information: description of the similar products delivered, number and date of the contract(s) invoked as similar experience, their beneficiary/beneficiaries, date and number of the acceptance documents (acceptance reports, etc.) and/or completion certificates and/or certificates/documents attesting the delivery of the products, as well as the share and/or activities for which it was responsible, along with their value, excluding VAT.

The tenderer ranked first after applying the award criterion to admissible tenders shall submit, prior to contract award and upon request from the Contracting Authority, the supporting documents confirming fulfillment of the requirement, namely: certificates/documents issued or countersigned by an authority or by the client beneficiary and/or acceptance reports and/or completion certificates issued by the contracting authorities and/or good performance certificates showing all elements necessary to confirm compliance with the technical capacity requirement, specifically the products delivered, the performance period, and their value, etc. These documents shall also be submitted by the associated tenderer, in the event that its resources were taken into account for fulfilling the requirement.

Delivery of products is confirmed by submitting certificates/documents issued or countersigned by an authority or by the client beneficiary (contracts, recommendations, acceptance reports, completion certificates, or any other documents proving similar experience). If the similar products were delivered under framework agreements, the term contract shall be understood as the subsequent contract(s) to the framework agreement; therefore, only the values of these subsequent contracts (up to a maximum of 3) will be tak…

Information on subcontractors: Where parts of the contract to be awarded will be carried out by one or more subcontractors, the tenderer shall be required to specify the part (s) of the contract which he is to subcontract.

By the deadline set for the submission of tenders, the participating economic operators shall complete the DUAE (Single European Procurement Document) attached to the award documentation duly completed by each participating entity (where appropriate, tenderer, associate tenderer, declared subcontractor) together with the Subcontracting Agreement / Agreements, in order to provide preliminary proof of the fulfilment of the abovementioned requirements. The tenderer is required, according to Article 150 (2) of H.G.

No 395 / 2016, to include in his tender the names of subcontractors and their contact details, the part (s) of the contract to be fulfilled by them and the agreement of subcontractors on these matters. In order to avoid the possibility of calculating the value of the offer, the DUAE will present the percentage of subcontracting, to be found also in the subcontracting agreement (without including the subcontracted value).